Term
| Bringing, maintaining, or defending a lawsuit |
|
Definition
|
|
Term
| The document the plaintiff files with the court and serves on the defendant to initiate a lawsuit |
|
Definition
|
|
Term
| A law that establishes the period during which a plaintiff must bring a lawsuit against a defendant |
|
Definition
| The Statute of limitations |
|
|
Term
| Step in the litigation process where parties share information |
|
Definition
|
|
Term
| The process whereby prospective jurors are asked questions by the judge and attorneys to determine whether they would be biased in their decisions |
|
Definition
|
|
Term
| What is the standard of proof in a criminal trial |
|
Definition
| Beyond a reasonable doubt |
|
|
Term
| Evidence of substantial likelihood that a person either committed or is about to commit a crime |
|
Definition
|
|
Term
| A hearing during which the accused is brought before a court and is (1) informed of the charges against him or her and (2) asked to enter a plea |
|
Definition
|
|
Term
| To be found guilty of a crime, the State must prove both _______ |
|
Definition
| Criminal intent and criminal act |
|
|
Term
| 4th Constitutional Amendment |
|
Definition
| Protects from unreasonable search and seizure |
|
|
Term
| 5th Constitutional Amendment |
|
Definition
| No defendant shall be force to testify against themselves |
|
|
Term
| An agency that the government creates, usually to enforce a statute |
|
Definition
|
|
Term
| A doctrine that provides that when an administrative agency is created, it is delegated certain powers, and that the agency can use only the legislative, judicial, and executive powers that are delegated to it |
|
Definition
|
|
Term
| When an agency adjudicates a case, it must comply with what |
|
Definition
|
|
Term
| Federal administrative agencies |
|
Definition
Federal administrative agencies that have the authority to enforce federal statutes enacted by Congress
- OSHA, EPA, IRS (FBI & CIA are not) |
|
|
Term
| Federal act that gives the public access to documents in the possession of federal administrative agencies. |
|
Definition
| Freedom of Information Act (FOIA) |
|
|
Term
| Powers of an administrative agency |
|
Definition
-delegation doctrine
- rule making
- licensing power
- judicial authority
- executive power
- admin searches
- judicial review of admin agency actions |
|
|
Term
| Representation of another with conflicting rights |
|
Definition
|
|
Term
| Forms of privileged communication |
|
Definition
- the doctor-patient,
lawyer-client,
clergy,
spousal,
NO accountant-client |
|
|
Term
| Physical objects that may have caused an injury |
|
Definition
|
|
Term
|
Definition
|
|
Term
| Limitations to what can be disclosed through the FOIA |
|
Definition
1. -classified documents concerning national defense and foreign policy
2. Internal personnel rules and practices
3. exemptions under other laws that require information to be withheld such as patent applications and income tax returns
4. confidential business information and trade secrets
5. intra-agency and inter-agency internal communications not available by law to a party in litigation
6. protection of privacy of personnel and medical files and private lives of individuals
7. law enforcement investigatory files
8. examination, operation, or condition reports of agencies responsible for the regulation and supervision of financial institutions
9. geological and geophysical information and data, including maps concerning wells |
|
|
Term
| The process by which law is applied to a set of facts to answer an issue |
|
Definition
|
|
Term
| Facts significant or essential to the issue |
|
Definition
|
|
Term
| The legal writing format taught in this class |
|
Definition
|
|
Term
| A legal brief submitted by a “friend of the court |
|
Definition
|
|
Term
| Writings that explain or comment on the law |
|
Definition
|
|
Term
| Process of verifying citation, do through ALWD and bluebook |
|
Definition
|
|
Term
| The two most common forms of citation format |
|
Definition
|
|
Term
| Process of finding the answer to a legal question |
|
Definition
|
|
Term
| Statutory law is passed by who? |
|
Definition
| Legislative branch of government |
|
|
Term
| Court decisions that are binding on all lower courts |
|
Definition
|
|
Term
| The citation to the same case in a different publication |
|
Definition
|
|
Term
| The legal principle that prior case law should apply to a factually similar current case |
|
Definition
|
|
Term
| Common types of Pretrial Motions in civil litigation |
|
Definition
1. Motion to Dismiss
• Requests that a plaintiff’s complaint be dismissed for failure to state a claim for which relief can be granted.
• Also sometimes called a demurrer.
• Motion alleges that that even if the facts as presented in the plaintiff’s complaint are true, there is no reason to continue the lawsuit.
• Can be a way to get out of filing an answer to a complaint.
• If the motion is denied, defendant is given further time to file an answer.
• If the motion is granted, defendant does not have to file an answer.
2. Motion for Judgment on the Pleadings
• Either party can make once pleadings are complete.
• Usually filed before discovery.
• If all facts are deemed to be true, person who makes motion wins and is ruled there is “no cause of action”.
• Judge cannot consider any facts outside of pleadings in deciding motion.
• Motion alleges that if all of the facts presented in the pleadings are true, the party making the motion would win the lawsuit when the law is applied ot these facts.
3. Motion for Summary Judgment
• Says that there are no factual disputes to be decided by a jury and that the judge can apply the law to the undisputed facts and decide the case without a jury.
• No genuine material issue of fact or law
• Usually filed after discovery, if filed before discovery, will be dismissed as premature.
• These motions are supported by affidavits, documents, and deposition testimony. |
|
|
Term
|
Definition
o Determined if will be biased in trial the process whereby prospective jurors are asked questions by the judge and attorneys to determine whether they would be biased in their decisions
o Challenges: Preemptory (limited, 3 limit), stricken for cause (unlimited)
o Explain what it is, when it occurs (1st step to trial after pretrial conference), what are the challenges. |
|
|
