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| Wisconsin has how many district courts? |
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| How many districts are there in the US court of appeals? |
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| 11 (Wisconsin is in district 7) |
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| Federal Courts preside over |
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| Admiralty, Bankruptcy, Antitrust, Patent, Trademark |
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| Federal courts have concurrent authority over |
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| questions under the constitution, treaty, or a federal statute |
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| Federal courts have "Diversity Jurisdiction" which is |
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| $75,000 or diversity of citizenship |
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| Municipial courts preside over |
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| traffic cases and municipal ordinance violatios |
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| Small clains court dispute limit |
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| Administrative agency hearings can be reviewed by who if they are appealed |
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| Trial (Circuit) Courts have what dollar limit |
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| How many judges are on the Wisconsin supreme court? |
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| How many judges are on the Wisconsin state court of appeals? |
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| 16 judges from the 4 districts. |
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| Which state court issues a written decision in every case, and it is published. |
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| To stand by the decisions |
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| Alternatives to a Lawsuit |
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| Negotiation, Mediation, Arbitration |
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| Summons, Answer, Pretrial, Trial, Posttrial, Appeal, Enforcement |
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| Study of what ir right or good |
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| based on theory rather than exxperimentation |
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| Individuals look to a central authority to guide them in decision making |
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| Actions must be judges by what individual decides is right or wrong for themself |
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| walk a day in someone else's shoes |
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greatest good with net pain
Jeremy Bentham greatest happiness for the greatest number |
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| quanifies in monetary terms, compares costs, seeks the greatest economic efficiency |
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| society should provide all persons with equal amounts of good and services regardless of contributions |
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equality of opportunity
John Rawls "Veil of ignorance" |
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stresses market outcomes
Nozick - liberty not justice
Marxism |
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| A rational person possesses inherent power |
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| Individuals should seek out and emulate the good |
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| step 1 of Kohlberg's stages of morality |
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| Childhood - fear of punishment, pleasure of reward |
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| Step 2 of Kohlberg's stages |
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| Adolescence - conform to meet the expectations of groups |
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| Step 3 of Kohlberg's stages of morality |
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| Adult - Accept and conform to principles |
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| Federalism principle of US Constitution |
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| division of power between state and federal government |
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| Federal supremacy principle of US Constitution |
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| Federal law is supreme, and if there is a conflict the state must yield |
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| Judicial Review of US Constitution |
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| Process used by courts to determine if government actions conform to the constitution |
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| Separation of powers of US Constitution |
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| Three distinct branches of government (executive, legislative, judicial) |
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| Provides the federal government with a broad source for regulating the economy; Restricts state regulations that obstruct or unduly burden interstate commerce |
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| False and defamatory statement against another; unpriviledged communication to a 3rd party; a degree of fault |
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| Protects against a governmental act that is arbitrary, wrong, or oppressive, regardless of whether the procedures applied to implement the action were fair |
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| Ensures that the procedure to implement the government action was fair |
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| require that persons similarly situated be accorded similar treatment |
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| Interpretative rules of administrative agencies |
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| Statements issued by and andministrative that sets for how agency construes its governing statute |
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| Procedural Rules of Administrative agencies |
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| Rules by an administrative agency to achieve organizationm method of operation , and rules of conduct |
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| operation of administrative agencies - enforcement |
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| process by which agencies determine whether there was a violation |
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| operation of administrative agencies - adjudication |
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| formal method by which an agency resolves violation |
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| judicial review of administrative agencies |
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| act as a control or check by a court on an administrative agency |
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| questions of law on general requirements of judicial review |
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| questions of law; exceed authority, properly interpret the law, violate constitutional provisions |
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| questions of fact on general requirements of judicial review |
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| arbitrary and capricious (did agency have a rational basis for its decision); substantial evidence (agency must support its decision with relevant evidence); unwarranted by facts (rare allows de novo review) |
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| legislative controls on agencies |
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| budgetary, amend enabling statute, eliminate, major rule (if new rule is proposed, then it must allow congress an opportunity to disapprove before becoming final) |
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| executive branch control on agency |
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| appoint or remove cheif admin, budgeting, remove agency |
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| disclosure of information on agency |
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| Freedom of information act 10 days to determine whether it will comply - may be denied |
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| wrongs themselves, morally wrong |
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| wrongs themselves, morally wrong |
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| not morally wrong but declared wrong |
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| model uniform understanding |
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| nonmental elements of a crime |
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| criminal intent or mental fault |
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| 3 types of subjective fault (criminal law) |
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| purposeful, knowing, reckless |
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| gross deviation from a standard of care that a reasonable person would find |
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| nonviolent crime involving deceit, corruption, or breach of trust |
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| use of a computer to commit a crime; can be theft of software, unauthorized use of services, theft of money, vandalism, or theft of data |
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| racketeer influenced and corrupt orginaztions |
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| trespessory taking and carrying away of personal property with the intent to permanently deprive the owner of the property |
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| taking of another's property by a person with lawful posession of the property |
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| interference with the owner's rights to the property |
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| committing larceny, but also taking directly from the victim accomplished with the threat of force |
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| breaking and entering with the intent to commit a felony |
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| offering money to a public official to influence a decision |
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| intentional falsification of a document to defraud |
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| knowingly issuing a check without sufficient funds |
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| defense of person or property, duress, mistake of fact, entrapment |
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| steps in criminal prosecution |
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| arrest, booking, charged, bail, preliminary hearing, arraignment, trial |
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| protects against unreasonable search and seizure |
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| right to due process, freedom from double jeopardy,freedom from self incrimination, right to indictment from grand jury |
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| right to speedy and public trial, right to be informed of accusationsm right to confront witnesses, right to present witnesses, right to competent trial |
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| freedom from excessive bail, freedom from cruel and unusual punshment |
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| A duty, breach, cause, damage |
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| intentional infliction of harm |
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| intentional creation of a mental impression that offensive or harmful bodily contact is about to occur. |
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| the intentional interference with a person's freedom of movement by unlawful confinement. (this is not true if alternate exit is available.) |
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| conduct below the standard of care |
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