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Business Legal Studies
Wayne Staton First Exam
65
Law
Undergraduate 3
09/14/2009
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Term
Concurrent Jurisdiction
 Definition
Case can be heard in more than one court
Term
Exclusive Jurisdiction
 Definition
Can only be heard in one court
Term
municiple court
 Definition
The municipal court can be sued up to $15,000 in civil court in a town like Middletown
Term

Misdemeanor

 

 Definition
Worst you can get is 6 months in Ohio, some states: one year
Term
Trespass
 Definition
4th degree misdemeanor, one of the least serious
Term
Court of Common Pleas
 Definition
For Civil Action; unlimited jurisdiction, no ceiling, no floor: SOMEBODY WINS, SOMEBODY LOSES.
Term
ONE JUDGE: 4 DIVISIONS
 Definition
  1. Probate Division:Wills and Estates, Adoptions, name changes, competancy hearings violations.
  2. Juvenile Court: Someone under the age of 18, What type of cases:Speeding Tickets/moving
  3. Domestic Relations -  Anti-Nebtual Agreement: can get an annulment; means that you have never been married
  4. General Trial Division: handle felonies in the criminal arena, no minimum, no maximum
Term
Probate Division:
 Definition
Wills and Estates, Adoptions, name changes, competancy hearings violations.
Term
Juvenile Court:
 Definition
Someone under the age of 18, What type of cases:Speeding Tickets/moving
Term
annulment
 Definition
means that you have never been married
Term
General Trial Division
 Definition
 handle felonies in the criminal arena, no minimum, no maximum
Term
Criminal Case:
 Definition
-Defendant is presumed to be innocent
-Defendant cannot be required to take the stand
-The victim does not usually get compensated
-The state is the plaintiff in a criminal case.
-Burden of proof, beyond reasonable doubt.
Term
Can do 3 things you can do at the end of a civil case:
 Definition
  1. Motion for a new trial Call a mistrial
  2. Judgment not withstanding the verdict
  3. You can file an appeal
Term
Grand Jury:
 Definition
All the grand Jury does is decide whether the case should go forward;  to endight the defendant; issue the endightment.
Term
Statute of Limitations
 Definition

Time limit to file a lawsuit; complaint.   1 year with doctor; auto accident; 2 years.

 
Term
Closing Arguement:
 Definition
Plaintiff goes first w closing arguement
Defendant goes secon
Plaintiff can rebut the closing arguement
Term
Directed Verdict:
 Definition

The judge can decide the case.  Either side can ask for the directed verdict

    -After the directed verdict is not granted: it is then time for closing arguement.
Term
Rules of Evidence:
 Definition
  1. You cannot ask a leading question on a direct examination.  ex: she was wearing a red dress, wasnt she?
  2. You cannot ask leading questions on direct examination, but you can ask leading questions during you cross examination.
  3. Heresay:
  4. Evidence is supposed to be relevant.
Term
Number of Jurors in Ohio
 Definition
8
Term
Preponderance of the Evidence
 Definition
Preponderance of the evidence, also known as balance of probabilities is the standard required in most civil cases. The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true. Lord Denning, in Miller v. Minister of Pensions,[2] described it simply as "more probable than not."
Term

Is it

Possible for actor to be found "not guilty" in Criminal law, and to be found "Guilty" in Civil Law.
 Definition
Yes, 2 different bodies
Term
"Hung Jury"
 Definition
In the United States, the result is a mistrial, and the case may be retried
Term
two ways in which ur property gets distributed.
 Definition
1) You have a will; you die tesdate
-Executor-Gather up the assets of the deceased:selected by the deseasced within the will.
    -Take an inventory of what the person owned
    -Determine what debts are owed
    -Pay the debts
    -Then divide the assets
        *if there is a will, the assets are divided
        The Executor gets about %5 of Gross Estate, not Net Estate.  So payments are paid before the debts are paid and family is paid.
 
 
2) You do not have a will; you die intestate
-Administrator-same thing as Executor except the Administrator is selected by the court
Term
Die tesdate
 Definition

Executor-Gather up the assets of the deceased:selected by the deseasced within the will.

    -Take an inventory of what the person owned
    -Determine what debts are owed
    -Pay the debts
    -Then divide the assets
        *if there is a will, the assets are divided
        The Executor gets about %5 of Gross Estate, not Net Estate.  So payments are paid before the debts are paid and family is paid.
Term
you die intestate
 Definition

You do not have a will;

Administrator-same thing as Executor except the Administrator is selected by the court
Term
Real Property
 Definition
Land and items firmly attached to the land; Ex: trees, buildings, etc.
Term
Personal Property-
 Definition
1)Tangible Personal Property-Physical existance and moveable
 
2) Intangible Personal Property-Stocks bonds, copyrights, trademarks, patents etc.
Term
where one is "Domicile"
 Definition
Look at the time spent in one place or another
 
Look at Drivers License; What state?
 
Look at where one pays taxes?
 
Where does one vote?
Term

Determination of whether property is

Primary or Ancilary Estates

 

 Definition
First look at Domicile then type of Property
Term
Jury
 Definition
Finder of fact
Term
Judge-
 Definition
makes rulings of law
Term
In Civil Case- Burdence of proof
 Definition
Burdence of proof is a preponderance of evidence. All plaintiff has to do is tip the scales
Term
When can you make the defendant take the stand?
 Definition
In a civil case, you can make the defendant take the stand.  The plaintiff can call the defendant to the stand.  But they have the 5th amendent right not to answer something.
 
Term
When can you not make the defendant take the stand?
 Definition
In a criminal case, the defendant cannot be made to take the stand.
Term
Voirdire Process
 Definition

Questioning process to weed out people with biases and predjudices

 
Term
2 ways to eliminate jurors
 Definition

Peremptory Challenge: Not needed to give reason, only have a limit of these.

Challenge for Cause: Caused from belief of impartiality.  Ultimately the Judge Decides

 
Term
Serving someone in their residence:
 Definition
If you personally "Serve" someone in a location, they will have jurisdiction in that particular court.
Term
Contributorial Neglegent
 Definition
If both parties are neglegent, recovery is 0.
Term
Comparatively Neglegent
 Definition
The defendant has to be more neglegent than the plaintiff.  They determine the percentage of negligence to determine what the defendant would be responsible for 
Term
Lex Loci Deliciti
 Definition

Subst. law where the wrong occured.

 
Term
Lex Fori
 Definition
Uses Subst. rules where the trial is taking place
Term
5 things you want to do in a Complaint.
 Definition
  1. Establish a Jurisdiction: Why did you chose this court?
  2. State the Plaintiffs(your) version of the facts, what happened
  3. Cause of Action, why are you suing?  ex: because they are negligent
  4. How were you injured
  5. What relief do you want, what do u want the court to give you
Term
Loss of Consortiom:
 Definition
Loss of companionship (Loss of Sex)
Term
If the plaintiff doesnt give an answer,
 Definition
Default Judgment and they will lose
Term
If the plaintiff does not respond to the counter claim
 Definition

the defendant gets a default judgement.

 
Term
DISCOVERY
 Definition

Purpose is to eliminate surprises.  Another purpose is that we can try to settle the case if at all possible.

3 Tools:
  1. Deposition: to preserve somebodys testemony(done under oath)
    1. If the trial is far off away, u can preserve the witness; the attorney could also use an example where during deposition a cross examination, they contradict, can IMPEACH
  2. Interogatories- Written questions sent from one side to another side; under oath
  3. Motion for Discovery:"tell me what you have"  "Show me the list of witnesses that you have"
Term
Deposition
 Definition

to preserve somebodys testemony(done under oath)

 

If the trial is far off away, u can preserve the witness; the attorney could also use an example where during deposition a cross examination, they contradict, can IMPEACH
Term
Interogatories-
 Definition
Written questions sent from one side to another side; under oath
Term
Motion for Discovery
 Definition
"tell me what you have"  "Show me the list of witnesses that you have"
Term

ADR-Alternative  Dispute Resolution

2 Types

 Definition
 Used regularly, more so than litigation; Wayne thinks that it is good, if used properly.
Arbitration-Private, cheaper, faster, usually judge in arbitration is an expert in the field
Mediation- Not binding, person acts as a referee
Term
To file an Appeal-> must...
 Definition
find error of law
Term
General Trial Division
 Definition
 handle felonies in the criminal arena, no minimum, no maximum
Term
Codicils:
 Definition
Through which people change their wills
Term
Diress
 Definition
When someone forces somone to execute a will
Term
Wills are ambulatory
 Definition
means that testators can change them
Term
probate:
 Definition
The process of settling an estate
Term
If someone, age 17 writes a will...
 Definition

they do not have the capacity

-Must have proper mental abilities, capabilities or capacities to write a will
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