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The rules of law announced in court decisions including...
-The aggregate of reported cases,
statutes,
regulations
Constitutional provision |
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spells out the rights and duties that exist between persons and their governments, and the relief available when a person's rights are violated.
The definition and enforcement of all private and public rights as opposed to criminal matters. |
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| The wrongs committed against a society. Criminal defendants are prosecuted by public officials such as (D.A.'s) on behalf of the state, not the victims. |
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Burden of Proof
(Onus Probandi) |
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The necessity of proof lies with he who complains. Evidence the must be presented to the jury.
Civil - preponderance of evidence. 51%+
Criminal - Beyond a reasonable doubt. |
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| Wrongs committed against a society |
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| Both Criminal and Civil Law suits that are conducted at the same time, sometimes in the same court house in the same day. |
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| " Let the decision stand" If the court has already ruled on a similar case, do not change the ruling unless there is compelling new evidence. |
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Separation of powers...
US Consititution |
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| Doctrine in which Executive, Legislative, and Judicial branches are kept distinct to prevent abuse of power. |
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| Jurisdiction against a person |
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| Could be a text message, a business sending a catalog to another state. |
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| Ex. You own an apartment in Kalamazoo but you live in New York. If you're sued by a tenant, you can be sued in Kalamazoo. |
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| Subject Matter Jurisdiction |
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| The court has been given jurisdiction over a particular subject. |
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| Courts of General Jurisdiction |
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| A Court which can hear and kind of dispute. |
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| Courts of limited Jurisdiction |
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Definition
| Can hear only a specific matter like a bankruptcy court. |
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| Where the Law Suit starts. |
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| The power to hear a case appealing the original jurisdiction because a mistake was made. |
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More than two courts can hear the dispute.
State court
Federal court |
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The jurisdiction belongs to that court and that court only.
(Bankruptcy court) |
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| Jurisdiction of Federal Law |
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| Established for a specific purpose. Federal question. Interpretation of state law |
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| Us Constitutional provision |
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| Diverse citizenship with a dispute of $75,000 in controversy. To give you a fair forum if you feel uncomfortable with the district court, go to a federal court. |
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| Filing something in the court to do something. " We move the court....." |
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| Judgment on the pleadings |
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Defendant motion stating the plaintiff had failed to allege a case.
Suing someone for being ugly - no tort, no cause of action. |
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Judgment because there exists no legitimate dispute of fact.
Question of fact - Jury
Question of law - Judge |
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| Partial summary judgement |
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| applies to certain facts of the case. |
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| Finding out about opponents case before the trial. Used to evaluate the strength of a case. Irrelevant facts are thined out to expedite the trial, find out the strength of the case, and see if it should be settled. |
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| pre-trial questioning to give a statement under oath to find out what the person is willing to say in court. Anyone can be deposed. Both sides may ask questions along with cross examination. |
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| A list of questions in writing that the other side must answer in writing, unless they take it to court and say that the question is unfair |
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| Motion to produce or examine. |
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Something that the judge gives permission to examine to get information about the case.
EX. motion to examine the bus's brake pads....
motion to produce certain documents. |
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| Jury Selection. Voir Dire |
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Definition
| Seeing what the jury believes to determine if they are a good juror for your case. Examining the competency of a juror to see if they have a bias about the case. Both sides are looking for the perfect juror. |
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Who has to put the evidence when?
Plaintiff goes first so defendant can have a defense. |
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Criminal - the jury has the discretion.
Civil - The judge can overturn a jury verdict. |
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| Post-trial motion that a mistake was made in the previous trial and it needs to be heard again. |
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| An insignificant error in the case that does not warrant an appeal |
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| Commerce between states and foreign countries. |
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| Job of attorney to develop the case |
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| The Courts responsibility to develop the case. |
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