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| Parties from different states, more than $75,000 |
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| A case about an issue of federal law |
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Trial- US Districts
Appellate- no new evidence, looking for errors of law, circuit courts of appeal
US Supreme Court |
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| Ask for Supreme Court to hear case |
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| Two circuit courts have opposite interpretations of a law |
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Trial- District, Superior
Appellate- Court of Appeals
Supreme Judicial Court |
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| All judges of the court hear the case (about 9) |
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| Complaint filed in court, served on defendant, defendant admits/denies each claim |
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| Entered if complaint is ignored by defendant, plaintiff wins |
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| proper grounds- if entire complaint is true, plaintiff would still lose |
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| Pre-trial exchange of information |
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| A 3rd party brought in as a defendant |
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| Joint and Several Liability |
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| All defendants may be liable, but not all of them have to pay |
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| Request for outside documents |
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| Written questions that the opposing party must answer |
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| Plaintiff asks defendant to admit certain things |
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| One party's lawyer questions the other party or a witness |
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| Motion for Summary Judgement |
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| Objections during jury selection |
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Objections for cause- juror cannot be impartial
Peremptory challenge- no explanation needed, each party has 3 |
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| No argument, tells what the evidence will show |
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Plaintiff has this so they go first, they must prove that the defendant is guilty, not vice versa
Criminal- Must prove beyond a reasonable doubt
Civil- Preponderance of the evidence, must be 51% sure |
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| Asking questions of your own witness, open-ended questions, let witness talk |
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| Ask questions of other party's witness, ask leading questions, lawyer does the talking |
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| Motion for Directed Verdict |
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| Defendant asks judge to dismiss case because plaintiff has not met burden of proof. Often entered, rarely awarded. |
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| Judge overturns jury after the verdict |
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| Expensive, time consuming, confidentiality, prevent class-action, preserve relationships, eliminate risk of losing, alternatives to money |
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| Neutral, 3rd party mediator who has no power |
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| Can happen at any time. Cheap, confidential, flexible |
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| Case put on before arbitrator, arbitrator has power to make decision |
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| Let the decision stand, heed to prior rulings |
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| No duty to rescue, exception for employer/employee, special skills, cannot prevent help in public place |
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| Laws made by legislatures |
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Plain Meaning
Legislative history
Public policy |
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| Administrative Agency Powers |
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Rulemaking- Legislative or interpretive
Investigation
Adjudication- decide whether a rule has been broken |
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| An agency employee who acts as an impartial decision-maker |
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| Has never been the rule before |
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| Reasonable fear of battery |
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| Intentional touching that is unwanted/offensive |
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| False, defamatory statement, communicated, injury |
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| Written/published defamation- no injury necessary |
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| Public figures as plaintiffs in defamation cases |
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| Harder to win, must show malice by defendant |
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| Intentional Infliction of Emotional Distress (IIED) |
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| Extreme and outrageous conduct- average member of community, severe emotional distress |
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| Duty of care, breach of duty, causation, injury |
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In fact- direct causation
Proximate/foreseeable- indirect causation |
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| Lost wages, medical bills, pain & suffering |
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| When a legislature sets a minimum standard of care for a specific activity in order to protect a specific group of people, and a violation of the statute injures a member of that group |
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