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| previous outcome of a case with similar fact can be applied to current case allowing some predictability of outcome |
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| the common law doctrine that states the decisions of a case in a higher court binds the lower courts with similar cases. |
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| set of books containing the written opinions of the justices of the appellate courts |
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| person filing the charges, trying to recover damages or relief from defendant |
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| civil trial-the person being charged for damages or relief; criminal case- the accused |
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| the power of the court to decide a case |
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| order for a person to appear to testify at a specific time and place |
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| document inviting a person to respond to a complaint |
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| Power of a court over a person- long arm statue |
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| initial court procedures hearing facts and applying law to decide the facts |
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| court procedure to determine legal merits of a controversy |
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| Power of a court to hear a specific subject matter |
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| Procedure where the Supreme Court (an appellate court) exercises its right to accept jurisdiction over a pending case from a lower court |
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| Documents consisting of the Complant and the Response of a case. Burdens of proof |
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| Beyond a reasonable Doubt |
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| Criminal Case: Quantum evidenced supports without a doubt the defendant is guilty |
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| Preponderance of Evidence |
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| Civil Trial- evidence to prove the matter is more probable than not |
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| Juvenile Trial burden of proof, not found in book |
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| requires legal action be made within a specified time period following the act |
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| Person delivering court paper |
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| When only one party is heard at trial |
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| select individuals who review evidence and determine if there is enough evidence for indictment |
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| gathering information through interogatories, depopsitions, preparing for court |
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| Judge’s decision when the case has material fact and is matter of law |
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| When the jury disregards the law and finds the defendant not guilty |
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| Process of choosing the jurors |
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| 3 types of primary Federal court juris |
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| 1.)Federal Exclusivity, 2.)Federal Claim, 3.)Diversity of Citizenship and >$75,000 damages |
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| antitrust, bankruptcy, patents, copyrights, trademarks, admiralty, and other specified matters |
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| Supplemental jurisdiction |
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| A state charge of similar fact may be added to the federal charge and heard in a Federal Court |
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| A Case if filed in the state court but could be heard in the federal court then the defendant may move it to the Federal court |
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| Document filed by the plaintiff stating the alleged charges the defendant is being sued for. |
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| right to notice, write to written rules, right to fair hearing and right to decision |
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| 14th amendment states no one will be denied due process, all are equal |
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| inherent power of the government to protect the people even if it limits individual freedoms. |
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| any Federal or State law that conflicts with the constitution is null and void. |
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| Supreme courts use of the 14th Amendment to find Bill of Rights limitations on state and local governments |
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| Latin for “you have the body.” Right to go before the court |
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| the written contract constitutes the contract in its entirety, no party can add or amend verbal agreement unilaterally |
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| Judicial action where the court states the rights and duties of parties without specifically ordering anything be done |
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| damages of non-monetary value i.e. divorce, adoption or contract Fulfillment |
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| A judgment against a party for failure to file a required pleading or otherwise respond |
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