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Definition
| The critical, pre-trial opportunity for both parties to learn strengths and weaknesses of the opponent’s case |
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Definition
prevent "surprise"
-to ensure thorough preparation for trial
-preserving evidence
-saving court time
-promoting settlement of cases
-discover the "truth" |
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Definition
-Interrogatories
-Production of Documents
-Depositions
-Physical/Mental Exam |
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Term
| Motion for Summary Judgment |
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Definition
| When discovery is complete, both parties may request a motion for summary judgment...a ruling by the court that no trial is necessary because there are no essential facts in dispute |
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| The court directs the attorneys to appear before it...in an attempt to encourage settlement |
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| ("to speak the truth") the process of selecting a jury |
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Definition
| lawyer asks questions of his/her own witness...bringing out all the evidence he/she wants the jury or judge to hear |
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Definition
| opposing lawyer has the opportunity to question the witness |
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Definition
| the law of evidence determines what questions a lawyer may ask and how the questions are to be phrased, what answers the witness may give and what documents may be introduced |
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| Motion for Directed Verdict |
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Definition
| is permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it. |
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Definition
| Plaintiff and Defendant get another chance after each has presented their "case in chief" |
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Definition
| Both lawyers sum up their evidence and arguments for the jury/judge, explaining how they hope the jury/judge will interpret what they’ve heard |
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Definition
| Judge tells the jury that they are to judge the case only on the evidence they heard and saw at trial and that they are to use their own common sense and judgment in analyzing the accuracy or credibility of any one witness |
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Definition
| The jury deliberates informally, with all jurors entitled to express their opinion. |
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Definition
| Appellant must allege and argue that errors of law occurred and that these errors were material and influenced the outcome of the case...or that the decision is not supported by the evidence |
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Definition
Parties come together informally, with or without an attorney, to air their differenced and try to reach a settlement without the involvement of a 3rd party
Simplest form of ADR |
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Term
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Definition
where you go get an arbitrator (judge , person in charge of making a decision, not necessarily a lawyer)
Settlement of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision |
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Term
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Definition
| A method for settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties: a method of dispute settlement that is less formal than arbitration |
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Term
| Amount of articles & amendments in the Constitution |
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Definition
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Definition
first 10 amendments
1. Creates the 3 branches of federal government
2. Protects individual rights |
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Term
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Definition
| the federal government and the 50 state governments share powers |
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Term
| Three branches of goverment |
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Definition
-Legislative
-Executive
-Judicial |
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Term
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Definition
-veto power
-advise & consent impeachment
-judicial review |
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Term
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Definition
Article VI
establishes that the federal Constitution, treaties, federal laws and federal regulations are the supreme law of the land |
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Definition
| concept of federal law taking precedence over any conflicting state or local law |
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Definition
| It also grants Congress the power to regulate any commerce which "affects" interstate commerce. |
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Definition
| The corresponding power of each state to regulate private business activity within their borders |
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Term
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Definition
-Fully protected
-Limited protected
-Unprotected |
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Term
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Definition
| government cannot prohibit or regulate)...ex. Political, symbolic |
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Definition
(cannot be forbidden, but is subject to time, place and manner restrictions)...
ex. "Offensive"/ commercial advertising, certain television/radio content |
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Definition
| (not protected and may be forbidden)...ex. Defamation, obscenity, dangerous, revolutionary, hostile, child pornography |
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Definition
| prohibits the government from either establishing a state religion or promoting one religion over another; |
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Definition
| prohibits the government from interfering with the free exercise of religion in the U.S. |
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Term
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Definition
| prohibits the government from interfering with the free exercise of religion in the U.S. |
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Term
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Definition
| government regulations must be clear on their face and not overly broad in scope |
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Definition
| requires notice and hearing of an action before person deprived of life, liberty or property |
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Term
| Privileges and Immunities Clause |
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Definition
| Requires that government must treat similarly situated individuals in a similar manner |
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Term
| Different Types of Scrutiny (Equal Protection Tests) |
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Definition
-Strict
-Intermediate
-"Rational Basis" test |
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Term
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Definition
| the classification must be necessary to promote a compelling state interest. (Race) |
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Definition
| the classifications must be substantially related to important government objectives. (usually by gender or age) |
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Term
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Definition
| the classification will be considered valid if there is any conceivable rational basis on with the classification might relate to a legitimate government interest (to discriminate on anything else) |
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Term
| Fourth Branch of Government |
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Definition
| Administrative laws and agencies |
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Term
| Administrative Laws and Agencies |
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Definition
| established with the goal of creating a body of laws and professionals to establish expertise in a particular field |
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Term
| Administrative Procedure Act (APA) |
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Definition
| a federal law, establishes certain procedures which federal agencies must follow |
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Term
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Definition
| Administrative agencies are a "quasi" government in that they issue substantive rules and statements of policy...which are similar to the laws enacted by legislatures |
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Term
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Definition
| in that they can investigate and prosecute possible violations of laws, their rules and orders. (BAR EXAMPLE) |
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Term
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Definition
| They also act like a court, in that there are administrative law judges who decide questions of law and fact during cases based upon the regulations enacted by the particular administrative agency. |
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