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enactments by national and slate legislature National Conference Commisioners on USL 1800 others: - Uniform Commercial Code
- " Parnership Act
- "Bill of lading "
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rules determine right & duties bewt. individual - compensatory
- punitive
- nominal
- equitable remedies
- injuction
- specific performance
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meant to punish - retribution
- restrain
- deterrance: to prevent other form doin it
- rehabilitation
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does allow both types of lawsuits forn the same act |
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non contractual duties that arrise from a contract and follwoing them like fraud and negligence |
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agreement bewt. people to farm a organized socitey w/ rules binding all Hobb: people relinquish all rights Lock: some rights not all; inalienable |
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| THE US. CONSTITUTION AND BILL OF RIGHT |
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"supreme law maker" federal and state have the right to make laws in the areas listed in the constitution. |
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cuz the 10 th amenmed county courts= district courts= common pleas= for small civil matter. justice of pease court (JP)= municipal courts they have a lot cuz they focus on diff. law section
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| Superior of circuit courts |
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| the basic state trial level courts. they have a jury and stenographer |
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- no jury
- argue laws not fact
- all state have one
- several judges called: justices
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own attorney wrong court courts you lose |
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based on : - subject matter
- territorial
- in rem
- quasi in rem
- personam
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depends on what type of case it is/ some low level courts do not work |
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An in rem action means that the right jurisdiction would be where the property actually is. |
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91 total federal courts; 2-27 judges in each district why: - diverstiy of citizenship
- constitutional issue
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public bodie of elected official who makes laws by passing statutes |
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legislature at national level |
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congress of US: house and senate |
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when there is a gap on a statute (judges make common law) |
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| United State v. bajakajian |
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| Difference bewt. courts and legislature |
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courts v legislature different form commutative v distributive positive v self animating legal v political greater dual processv no so grade ** legislature law is greater than court law unless it is uncostitutional |
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| alternative dispute resolution |
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- conciliation:2 parties no 3 rd
- mediation: 3rd party not law binding
- arbitration : canbe law binding
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no professionla no always fain can be chalange in court sing not knowing |
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| court have to obey arbritations. |
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| the one who can argue; no one else can |
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| a person can sue on name of all people affected by the same party. |
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Civil law burden of proof |
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prepondevance of evidence= the one that wins plaintiff present evident unless there is a counter claim |
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- sudgect matter: courts power to deal w/ particualar case
- long arm: can reach other states
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| pretrial discovery and conferences |
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| attorneys present their cases |
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