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| Ignorentia Legis Neminem Excusat |
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| Ignorance of the law excuses no one |
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| Principles and rules conduct that the governing body recognizes maintains and enforces |
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| Any party that brings a lawsuit |
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| The party the law suit is against |
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| The lawsuit or ledigation |
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| The loser in the lower courts |
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| Written decision of a case that's written by a court |
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| Form of relief granted by a court to a ledigate to compensate for a loss |
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| Sum of money that can be recovered for a britch of contract or a toret. |
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1) Specific Performance: Court order to make some take a particular actin
2) Injunction: Court order to refrain some from participating certain activity.
3) Rescission: Allows a person to break out of a contract |
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| Doctrine of Judicial Review |
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| Courts have the power to review any legislation or executive acts to determine wither its constitutional |
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Laws that are enacted by a legislative body
Ex) Federal: US Congress, State: WI legislature |
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Adhere to decided cases
*Written opinion is issued by a court. Then the rules followed in the future by same lower courts |
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Rules and regulations that issued by administrative issues by the government
Ex) IRS, SEC, EPA, DMV....... |
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| Power of a court to hear a case and issue enforceable judgement(authority) |
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1) Parties or objects involved
2) Subject matter of the law suit |
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1)Plainiff: Always has jurisdiction because they voluntary give it
2) Defendant: Has to be a resident of a state or have contracts within the state or commits a tort within the state. |
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| Subject Matter Jurisdiction |
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1) Limited Subject Matter Jurisdiction: Only hear cases dealing w/ specific subject matter
2) General Jurisdiction: Can hear many types of cases |
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| Court systems in the United States |
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1) Supreme Court
2) Courts of appeal
3) Trial Courts |
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"Original jurisdiction" cases originate in trial Court
1) testimony by witnesses
2) Evidence is presented
3) Dispute is decided by the court |
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| Any Court that has the power to hear an appeal "appellate jurisdiction" lower courts within there region |
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| Procedure for Appellate Court |
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Panel of Justices
1) Figure out whether the law was applied properly
2)Breif: Written document states the legal authority for position
2) Oral Argument: Lawyer's for each side argues their Position(30 Minutes) |
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1) Supreme Court
2) U.S Court of Appeal
3) U.S district Courts |
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| U.S District Court(Subject Matter) |
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1) Federal Question Jurisdiction: Authority to decide cases involving the U.S constitution or Federal Statue of treaties of the U.S.
2) Diversity Jurisdiction: Has to have at least 75,000 in Controversy and diversity of citizenship |
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| U.S Courts of Appeal Jurisdiction |
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| Hears appeals of the U.S district courts |
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| Has the right to hear State Supreme Courts and U.S Court of Appeal |
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| Rules that must be followed |
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| Filed with the Court and served on the other party |
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| Document used to force a defendant to court- must respond to a complaint or the court will render a judgement against them |
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| Document that will require any person to appear in any type of courts to give testimony |
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| Document in which the plaintiff alleges the foundation of his or her claim. |
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| The 3 elements of a Complaint |
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1) Statement of the essential facts
2) Basis for the courts jurisdiction
3) Demand for a judgement for relief |
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| Counter Claim by Defendant to Plaintiff |
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| Party obtains evidence and facts prior to the trial |
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| Process by which the testimony of a party/ witness is taken out of court |
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| Series of written questions relative to the case that a witness is required to answer |
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| Request for the Production of Documents |
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| Requires a party to turn over relative documents |
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| Can be required if a persons physical issue is required in the case(require them to go to a doctor) |
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1)Voi Dire: Court proceedings where the jury s of the trial are selected.
2)Opening statement: Oral Statement explaining what they are going to approve |
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Witness's
1) Give testimony
2) Show exhibits
3) Offer physical evidence
* Followed by cross examination by defendants attorney |
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1) refute the planiff's case
2) Establish a defense
3) Assorting a counter claim |
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1) Closing Argument
2) Instructions
3) Verdicts
4) Judgement |
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| Summarize the case and hold their positions |
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| statements of the applicable law from judge to jury |
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| Official decision of the court made by Judge ( Establishes the rights and duties of the parties) |
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1) Created the 3 branches of government
2) Specified their powers
3) Allocates powers of Federal and State governments
4) Allocates rights of citizens |
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| Article VI: States the constitution is the supreme law of the land |
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Article I: Legislative to Congress
Article II: Executive to President
Article III: Judicial to Supreme Court |
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Section 1: Gives all legislative power to congress and Separated House and Senate.
Section 2: Gives house 2 year terms and says states decide the house
Section 7: Procedure of how all federal statues are settled
Section 8: Enumerated powers or specific powers(Taxing, Spending, Power over commerce, immigration, coin money) |
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Section 1: Gave executive power to the president
Section 2: The president shall be the commander of the military
Section 3: State of the Union message |
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Section 1: Judical Power shall be vested in one supreme Court. Also inferior courts made by Congress
Section 2: Gives the courts jurisdiction between a State and Citizen of another state |
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| First ten Amendments to the Constitution |
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| Guarantees freedom of religion, speech, press, and assembly(reasonable time, place, and manner) |
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| A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms |
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| Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, no warrants shall be issued but upon probable cause. |
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1) Double Jeopardy
2) Right to be from self incrimination
3) Due Process: nor be deprived of life, liberty, or property, without due process of law nor shall private property be taken without just compensation. |
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1) Right of a speedy trial
2) Informed of the charges against you
3) Right to confront witnesses against tehm
4) Right to sapeona witness's in ones favor
5) Right to attorney |
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| Government cannot impose excessive bail or fines and cannot conflict cruel or unusual punishment |
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| Any powers not given to the federal government by the constitution and not prohibited by the states, respectively belongs to the states |
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Selective Incorporation of Bill of Rights to states(grand jury and right to bear arms do not apply)
*State can not unreasonably discriminate against some of its residents.
*state can not unreasonably discriminate against citizens against another state |
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| 3 Elements of a Valid Contract |
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1) Agreement
2) Consideration
3) Legal Object |
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| Binds one party but not the other: Non binding party has the option to follow the contract |
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Mutual assent as to the substance of the contract: "Meeting of the Minds"
1)Offer
2) Accepted |
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| Bargain for exchange of legal value |
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| Has to be legal(no drug dealing contracts) |
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| Parties are able to understand the contract and are of legal age |
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| Strong as written contract unless there is a statute of frauds |
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| Business owned by one person and not corporated |
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| Characteristics of Sole propritertorship |
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License: required to engage in certain regulated activity
Liability: Unlimited personal liability(Can take personal assets)
Tax: Business income just added to there indidvual taxes |
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| Voluntary association of two or more persons to carry on as co-owners of a business for a profit |
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| Characteristics of a Partnership |
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Definition
1) Common ownership of a business
2) Sharing of profits and loss's
3) Right to manage the business
*Can be oral/written agreement(Articles of Partnership)specifies Rights and Duties)
Tax: Does not pay federal income tax
Liability: All owners are liable for business |
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| Formation: File a certificate of limited partnership. In the principle business state(Document states name ,purpose, duration, and profit sharing) |
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| Usually involved in management of business(Has personal liability of debt) |
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A investor and not involved in the running of a business(Can only lose their investment in the partnership
Tax: Limited partner taxed the same way general partner is taxed just taxed for percent of net income they take home. |
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| Limited Liability Corporation |
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Definition
Tax: Do not pay income tax
Liability: only amount invested in company
Formation: Need to fill out a Articles of Oraganization |
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| Legal entity formed in accordance of a state incorporation statute to engage in business on its own |
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1) Articles of Incorporation: filed with a Secretary of state
2) Secretary of state issues a certificate of Incorporation
3) Organizational meeting is held ot adopt bi laws and elect a board of directors. |
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rules that are adopted to regulate its management
*gives actual authority to the officers to conduct business |
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| Characteristics of Corporation |
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*Legal entity separate from its owners
*Liability of it share holders limited to his/her investment
* Ease of the Transfer of ownership
Centralized Management |
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1) Board of Directors
2) Officers
3) Managers
4) Employee's |
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| Debt security Corporation is the debit-er, holder is the crediter |
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| Activities by Board of Directors |
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1) Set corporate polices
2) Set financial structure
3) Hire fire and pay officers
4) Declare dividends
5) Initiate Fundamental changes
6) Delegate Authority |
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