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| Limited Jurisdiction trial court |
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Definition
| referred as inferior trial courts, hearing matters of a specialized or limited nature...Examples Traffic and juvenile courts. 5,000 dollars or less |
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| General jurisdiction trail courts |
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| these courts are often referred to as courts of records, because the testimony and evidence at the trial are recored and stored for future references. hear cases that are not in Jurisdiction. |
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| Intermediate appellated courts |
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| hear appeals from trial courts. review the trial court records to determine whether there have been ant errors at trial that would require reversal. |
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| also called state supreme courts, function is to hear appeals from intermediate appelated courts and certain trial courts. no new evidence or testimony is heard. |
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| with federal courts to hear cases involving diversity of citizenship and federal questions over which federal courts do not have exclusive jurisdiction |
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| Personam jurisdiction/personal jurisdiciotn |
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Definition
| a plaintiff, by filing a lawsuit with a court, gives the court IN PERSONAM, jurisdiction over he or she. |
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| a court may have jurisdiction to hear and decide a case because it has jurisdiction over the property of the lawsuit. |
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| Quasi In REM jurisdiction |
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| sometimes a plaintiff who obtains a judgment against a defendant in one state will try to collect the judgement by attaching property of the defendent that is located in another state. |
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| the legal process for a detailed pretrial procedure. Used to discover facts about each party |
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| is oral testimony given by a party or witness prior to the trial. can be given by volunteering or subpoena. |
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| a platiff bears to persuade the trier of fact of the merits of his or her case. |
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| the act of asking an appellate court to overturn a decision after the trial court's final judgment has been entered |
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| Alternative dispute resolution (ADR) |
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Definition
| disputes that are settled outside of the judicial system . and the most common is arbitration |
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| where 2 parties discuss and come to a agreement. |
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| a form of alternative dispute resolution in which the parties choose and impartial third party to hear and decide the dispute |
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| after a decision is made at an arbitration there can be no appeals on the decision |
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| speech in which the goverment cannont prohibit or regulate. |
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| speech that the goverment may not prohibt but that is subject to time, place, and manner restrictions. |
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| speech that is not protected by the first amendment and may by forbidden by the government |
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| a wrong. There are three categories or torts: Intentional torts, unintentional torts (negligence), strict liability. |
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a category of torts that requires that the defendant possesed the intent to do the act that caused the plaintiffs injuries.
(Damages: |
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| the treat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm. actual physical contact is unnecessary |
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| unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury |
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| restraint of another person without authority or jurisdiction |
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| Unintentional tort (Negligence) |
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Definition
| a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions |
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| a grant by the federal government upon the inventor of an invention for the exclusive right to use, sell, or license the invention for a limited amount of time. |
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| patent :Application, Number, Pending |
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| Requirements of obtaining patents |
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Definition
| Novel, useful, non obvious |
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| a legal right that gives the author of qualifying subject matter and who meets other requirements established by copyright law the exclusive right to publish, produce, sell, license, and distribute the work. |
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| 120 years from the year of creation and 95 years for the year of first publication |
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| is a distinctive mark, symbol, name, word, motto, or device that identifies the goods of a particular business. |
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| 10 year renewal registration: unlimited number of renewals for 10 year terms, |
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| the charge of having committed a crime (usually a felony), based on the judgment of a grand jury |
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| the charge of having committed a crime (usually a misdemeanor) base on the judgement of a judge. |
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| protects persons and corporations from overzealous investigative activities by the government. it protects the rights of the people from unreasonable search and seizure by the government. |
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| no person "shall be compelled in any criminal case to be a witness against himself." thus a person cannot be compelled to give a testimony against himself |
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right to remain silent
anything you say can be used against you
right to consult a lawyer and to have a lawyer present
f you cant afford one one is given free. |
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| is the body of law that creates rights for a person against another persons space. laws in place and gives the legal right to sue |
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| or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. |
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| is a theory of law governing the relationship between individuals (citizens, companies) and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law |
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| is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts[1] (as it is called in the common law), and the law of obligations (as it is called in civil legal systems) |
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Term
| elements to prove a crime |
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Definition
| The elements are basically that the defendant committed and act prohibited by law, and had the mindset, that is did the act either knowingly or recklessly that is required by law. The is called the actus reus (prohibited act) and mens rea (guilty mind). For a detailed discussion of these points see the related link below. |
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