Substantive

law that creates and defines legal claims and rights

Procedural

law that establishes the manner in which legal claims and legal rights are enforced

Minor Judiciary

Trial Courts

Apellate Courts

• Presided over by magistrates or justices of the peace
• Handle both civil and criminal cases
• Conducts cases on summary offenses and preliminary hearings for felonies and misdemeanors

• Federal: U.S. District Court
• PA: Court of Common Pleas
• Their basic function is to determine facts

• Those who lose at the trial level have right to appeal
• Also known as a court of review
• In order to appeal, defendant must issue a petition of Certiorari, aka petition for allocator

The Federal Judiciary has jurisdiction over cases involving:

When the case involves a federal question

or

When diversity of citizenships exist and the damages are worth more than 75,000

Jury Selection

Opening Statements

Defense Case-in-Chief

Plaintiff Case-in-Chief

Closing Arguments

Final Jury instructions

Parties may make more motions

Jury Deliberation/Verdict

When opposing parties in a case reside in different states.  If this is the case, federal courts have jurisdiction and one may sue if a "long arm" statute exists.

Personal jurisdiction refers to a court's power over a particular defendant (in personam jurisdiction) or an item of property (in rem jurisdiction).

The court must have jurisdiction over the person or item in order to compel them via their decision.

Law that allows a court to exercise authority over a person or a business outside the area in which the court usually has power.

Generally refers to out of state parties

• (civil law) the first pleading of the plaintiff setting out the facts on which the claim for relief is based
• charge: (criminal law) a pleading describing some wrong or offense; "he was arrested on a charge of larceny"

An objection held before trial which would hold that a trial would be impossible.

ie preliminary objection to jurisdiction

Two or More Competent Parties

Offer

Acceptance

Consideration

Mutual Consent

Proper Subject Matter

A contract which the courts will not enforce, namely due to lack of consideration.

Ie "I will give you ten dollars if I feel like it"

Voidable:

A contract that is no specifically void by the law but may be voided by one party

Void: Not legally enforcebale

Ie under duress, unconscionable contract

the requirement that certain kinds of contracts be memorialized in a signed writing.

Include, marriage, wills, etc

-“the thing speaks for itself”

-shifts the burden of proof to the defendant

Elements: 3

1.       That the injury would not ordinarily occur in the absence of someone being negligent

2.       The defendant was in exclusive control of the conditions that caused the injury

3.       That the plaintiffs conduct did not contribute to the injury

1.       Assumption of the Risk

A.      Expressed-when plaintiff enters into an express agreement where they waive the defendant’s duty of due care.

B.      Implied-exists when the plaintiff after becoming aware of the danger decides to take his/her chances concerning that dangerous. The plaintiffs action of continuing ahead in the face of danger is a manifestation or proof of their waiving of duty of defendant who created the danger in the first place.

Money damages

-Replevion

-Ejectment

The money paid or awarded to a plaintiff (in the US) in a civil action      

1.       Compensatory-make plaintiff whole again,

2.       Consequential-damages that are foreseeable consequence of the wrong-doers conduct. Not directly related to injury. Ex. Loss wages, medical bills.

3.       Punitive- seeking to punish the defendant for outrageous conduct.

4.       Liquidated-associated with contract cases. When parties include in their contract what the damages will be in the event of a breach.

Replevin-seeking a specific object instead of monetary damages.

Ejectments-deal with real estate. When a lawsuit is over who is entitled to real estate.

1.       associated with contract cases. When parties include in their contract what the damages will be in the event of a breach.

1.       Temporary Restraining Order-asks the court to keep the status quo while investigation is done.

2.       Preliminary Injunction-court conducts a hearing, can be an extension of TRO or TRO can be vacated.

3.       Final Injunction- Injunction becomes binding

Alternative Dispute Resolution

Resolution of a dispute through negotiation, mediation, arbitration, or similar means, as opposed to litigation

Student Loan Contracts

Military Contracts

Insurance Contracts

Those of ceratain sports and entertainment industries

1.  offerer must have present contractual intent (no ads)

2. offer must be clear, specific, and must have sufficient certainty

3.  offer must be intentionally communicated

-Party makes  a false representation about a material fact

-The party in which is defrauded relies on the misrepresentation

-if seller knows about it, but buyer hasn’t figured it out

-a duty is created on seller to advise to purchaser 

exists when a person has gained a position where they can exert influence over another, that they are substituting their judgement for the other.

Negates consent in contracts

-all parties to the contract are operating under the same material mistake of fact

-when both are mistaken, either party can rescind the contract

-does not relate to value or things that are opinion

Scriveners Error

-illegality

-acts against public policy

Non-Compete agreements

-must be reasonable in regard to geography and length of time

1.       Duty

2.       Breach of Duty

3.       Causation

4.       Damage

Duty

The plaintiff must prove there was a duty of care owed to him by the defendant.

Everybody owes a duty of due care.

-Ex. Taking the ice off front porch in bad weather

Invitee- Reasonable Care needed

Licensee-someone you didn’t invite, but not a trespasser

-you have a duty to refrain willful or wanton conduct

                -ex. Knowing of a dangerous condition, like a hole in your yard

Trespasser-no duty owed to people who aren’t to be there

Attractive Nuisance

holds that when a property owner knows a condition is on their property that is attractive to children, (pools, trampolines, pond) , even though they are trespassers, REASONABLE CARE is required to protect against harm.

your action or lack of actions faild to complete that duty

-ex. Failing to remove ice

Defendant must demonstrate that the plaintiffs breach of duty caused the harm for the Damages

-Breach of duty is known as the “Legal Cause”

Legal Cause

-determined by two tests

1. But for Test-but for the defendants conduct, the harm would not have occurred.

2. Approximate Cause Test-conduct was a significant factor in the harm.

1.       Contributory Negligence-

-if plaintiff is negligent, that relieves the defendant of liability

2.       Assumption of the Risk

A.      Expressed-when plaintiff enters into an express agreement where they waive the defendant’s duty of due care.

B.      Implied-exists when the plaintiff after becoming aware of the danger decides to take his/her chances concerning that dangerous. The plaintiffs action of continuing ahead in the face of danger is a manifestation or proof of their waiving of duty of defendant who created the danger in the first place.

1.       Businesses engaged in ultra-hazardous activity

1   2. Products Liability-a defendant is liable when a plaintiff is injured by the placing of a defective and unreasonably dangerous product into the stream of commerce.

-defendant can be the manufacturer, distributor, wholesaler, or a retailer.

1.       Insufficient warnings

2.       Malfunctions-during normal use w/out changes made by consumer

 the crime of preparing for or seeking to commit another crime

(Conspiracy, ect.)

Justified force used to defend oneself, one's property or dwelling or anyone under one's protection

Justified: Complete Exoneration

Imperfect/Incomplete: Reduction of sentence