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| is a body of enforceable rules governing relationships among individuals and between individuals in their society. |
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| is a body of enforceable rules governing relationships among individuals and between individuals in their society. |
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| At the national level- government powers are divided among the legislative- executive- and judicial branches. |
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| Established principle that the courts can strike down legislation that judges deem to be in violation of the Constitution- |
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| Case being heard for first time- by judge or jury- such as in trial court |
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| Case being heard for second time- on appeal Federal court is called -Circuit Court of Appeal.- |
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| based on the persons involved Long arm statute sometimes required |
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| based on property Example- boat docked in state waters Example- warehouse in another state |
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| divorce, wills, bankruptcy and federal questions arising under a federal law. |
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| Accident while driving in another state -Sale of goods in another state. |
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| Before a lawsuit can be brought before a court- certain requirements must be met |
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| Jurisdiciton - Venue - Standing to sue |
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| Most appropriate location for trial- Usually- venue lies where the defendant resides (civil case) or where crime occurred (criminal case). |
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| is there a legal interest at stake - parent for child- Homeowner saving public park- justible controversy ripeness example moot example. |
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| employee complains that she has been denied a promotion due to her race- but has never applied for a promotion. |
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| law school applicant is admitted before his claim can be heard |
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| are independent and side by side- not on top of or superior to one another >> |
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| Filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendant |
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| Admits or denies allegations made by the plaintiff; may assert a counterclaim or an affirmative defense |
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| deopsitions - interogations- various request |
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| sworn testi(mony by a party or a witness). |
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| (written questions by one party towards the other made with assistance from the attorneys). |
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| (for admissions, documents, medical exams). |
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| The parties come together, with or without attorneys to represent them, and try to reach a settlement without the involvement of a third party. |
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| The parties themselves reach an agreement with the help of a third party- called a mediator- who proposes solutions. |
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| A more formal method of ADR in which the parties submit their dispute to a neutral third party- the arbitrator- who renders a decision- which may or may not be legally binding- depending on the circumstances. |
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| Controlling power of central government |
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| federalism- seperation of powers- bill of rights. |
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| At the national level- government powers are divided among the legislative- executive- and judicial branches. |
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| The commerce clause expressly permits Congress to regulate commerce- as opposed to leaving regulation to the states. |
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| state governments may regulate private activities to protect or promote the public order- health- safety- morals- and general welfare. |
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| The U.S. Constitution provides that the Constitution- laws- and treaties of the United States are -the supreme law of the land. |
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| Power to pay the debts and provide for the common defense and general welfare
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| Both the Fifth and the Fourteenth Amendments provide that no person shall be deprived of life- liberty- or property- without due process of law. |
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| Requires that any government decision to take life, liberty, or property must be made fairly, using fair procedures. |
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| Generally- a law violates substantive due process unless the law promotes a compelling state interest- such as public safety. |
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| laws regulating economic matters like push cart regulations) law need only have a rational basis. |
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| laws regulating illegitimate children but not legitimate |
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| Also Intermediate Scrutiny |
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| -- laws giving unequal protection based on gender |
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| (fundamental rights such a race, national origin or citizenship status such as affirmative action laws) |
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| Drivers Privacy Protection Act of 1994 |
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| prevents states from selling a drivers personal information without the drivers consent |
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| Health Insurance Portability and Accountability Act (HIPAA) of 1996 |
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| defines how health information can be used or disclosed. |
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| Gramm-Leach-Bliley Act of 1999 |
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| prohibits disclosure of nonpublic personal information about a consumer to a third party unless strict disclosure and opt-out requirements met |
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| Spells out duties between persons, such as under law of contracts and torts |
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| Offenses against society as a whole |
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