Term
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Definition
| constitution, federal law, state, municipal |
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Term
| new jersey belongs to what circuit |
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Definition
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Term
| appellate process (state and federal) |
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Definition
FED:
- us supreme court
- fed appeals
- fed trial court
STATE:
- state supreme court
- appellate court
- trial court
- municipal court |
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Term
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Definition
| civil cases in which the amount in controversy exceeds 75,000 dollars |
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Term
| injunctions (where it is filed) |
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Definition
| to make someone not do something, chancellery division |
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Term
| 4 divisions in state court |
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Definition
| chancellery, criminal, civil, family |
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Term
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Definition
| rule that evidence which is illegally obtained must be excluded |
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Term
| transferred intent (battery) |
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Definition
| where the actor intends to batter one person and actually causes harmfully or offensive contact to another, the actor will be liable to the actual victim under the doctrine of transferred intent |
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Term
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Definition
| out of court statement made by a person not available in court |
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Term
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Definition
- liable - written defimation
- slander - spoken, oral defamation, ex: oral statements concerning plaintiffs buissness, that plaintiff has committed a crime of moral turpitude(serious), plaintiffs suffers from a communicable disease |
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Term
| bail considerations (factors that cause to go up) |
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Definition
- ensure that the defendant returns to court
factors:
- flight risk - higher risk, higher bail
- threat to community - high threat, higher bail
- seriousness of crime - more serious, higher bail |
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Term
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Definition
| a person cannot be tried twice for the same crime, to limit govt harassment of citizens |
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Term
| bench trial v. jury trial (some you don’t get a jury) |
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Definition
| civil court, criminal court you get a jury |
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Term
| assumption of risk (tort world) |
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Definition
| - a defense which bars a plaintiff from recovery, against a tort feaser, if the defendant can demonstrate that the plaintiff vonlentarilly and knowingly assumes the risk at issue inherent to the dangerous activity in which he/she was participating at the time of his injury |
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Term
| how many people sit in jury,how many people deliberate (state and fed jury) |
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Definition
criminal - 14 sit, 12 deliberate (unanimous)
civil - 8 sit, 6 diliberate (majority) |
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Term
| robbery vs. larceny vs. burglary |
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Definition
- robbery - theft by force or fear
- burglary - 1) breaking and 2) entering of the 3) dwelling of 4) another, with the 5) intent, to 6) commit a felony, 7) therein |
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Term
| 2 types of legal briefs (differences, similarities) |
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Definition
- trial brief, appellate brief
- A formal document that a lawyer uses to convince a court that their clients position is sound and persuade a court to adopt that position |
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Term
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Definition
| - (tort) the act of confining another intentionally, without lawful privilege and without consent within a limited area for any amount of time |
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Term
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Definition
| - involves stores) a shopkeeper is permitted to detain a suspected shoplifter on store property for a reasonable period of time so long as the shopkeeper has reason to believe that the person detained infect committed, or attempted to commit, theft of store property |
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Term
| 3 branches of govt (specific roles, identify person that belongs to each) |
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Definition
Legislative- create laws, senate, house of rep
Judicial- interpret the law, judges and courts
Executive- enforces the Law, President |
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Term
| standards in a criminal trial v civil trial |
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Definition
- criminal – beyond a reasonable doubt
- civil – preponderance of the evidence |
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Term
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Definition
| only relevant evidence comes in |
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Term
| intentional infliction of emotional distress |
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Definition
- 1) outrageous conduct - conduct that exceeds all bounds of decency tolerated in civilized society
- 1) conduct that occurs repeatedly
2) if the defendant is a common carrier (transportation companies) or innkeeper(hotels), trained to be nice to people
3) plaintiff is a member of a fragile class if defendant is aware of the phobia then they may be liable (snake example)
2) severe distress |
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Term
| trespass to land (person or object) |
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Definition
1) defendant must intentionally commit an act of physical invasion
2) on land
- any intentional entry on land, could be an object as well
- person or a tangible object only
- land can also involved airspace above and below (throwing a ball over someones house, but has to be a reasonable distance |
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Term
| what the defenses to trespass are (2 of them) |
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Definition
1) public necessity - emergency to protect the community or a significant amount of people (not liable for damages)
2) private necessity - defendant is behaving in a self interested fashion to protect his or her safety (being chased by a gunman) liable for actual damages |
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Term
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Definition
- you take your plaintiff as you find him
- true for every tort that we have spoken about |
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Term
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Definition
- the defendant will bring evidence in that the plaintiff failed to recognized relevant care for his own safety
- failure for their own care |
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Term
| 4th amendment and its applicability (home, airspace ect.) |
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Definition
- reasonable expectation of privacy (REOP)
1) home - is greatest expectation of privacy (strongest 4th and.)
2) curtilage - area immediately surrounding ones home or in close proximity to it
3) open fields - no 4th amendment applicability |
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Term
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Definition
- nor shall private property be taken for public use without just compensation
- govt can take private property so long as it is for private use, and property owner is compensated for the loss (fair market value) |
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Term
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Definition
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Term
| the grounds to strike a will, how can it be challenge |
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Definition
1) homicide doctrine - if you kill the decedent you get nothing -menendez brothers killed parents to get their property
2) disclaimer - specifically exclude someone from a will |
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Term
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Definition
1) Case name and citation
2) procedural history - Appellate, or Supreme Court - you have to tell what happened at trial
3) Facts - legally significant facts which effect the outcome of the case
4) Issue - posed as a question
5) Holding - the courts decision,if there is 3 issues then there should be 3 holdings,holding is a yes/no answer and is generally short
6) Reasoning - crux of the brief, cite case law, site statuary law,longest section of the brief |
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Term
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Definition
- 1) duty of care
- to foreseeable victims, how near are far the victim is "zone of danger"
- how much care do i owe?
- ordinary reasonably prudent person (ORPP)
- under the circumstances (UTC)
- you have to compare the defendant to orpp
- if defendants actions fall underneath ORPP then the defendant is negligent |
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Term
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Definition
| statement of facts, legally significant that effect the outcome |
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Term
| correct way to cite a case |
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Definition
| underline case name, not comma, and law reporter including period |
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Term
| 4 categories of fragile class |
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Definition
| elderly, preggo, children, ethnic minorities |
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Term
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Definition
two types
- libel - written defamation
- slander - spoken, oral defamation, ex: oral statements concerning plaintiffs business, that plaintiff has committed a crime of moral turpitude(serious), plaintiffs suffers from a communicable disease |
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Term
| requirements of a warrant under 4th amendment |
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Definition
| - 3 things a warrant must have: must be issued by a neutral magistrate, must be a showing of probable cause, must describe with particularity the place to be searched, and items or persons to be seized |
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Term
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Definition
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Term
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Definition
| Due Process, self incrimination, double jeopardy |
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Term
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Definition
| speedy trial, right to counsel (required to have only in business situation) |
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Term
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Definition
| trial by jury of your peers |
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Term
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Definition
| protection against excessive bail, cruel and unusual punishment |
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Term
| inchoate criminal defenses (3) |
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Definition
1) solicitation - when you ask someone to commit a crime
2) conspiracy (2 parts)
- agreement between 2 or more people to commit a crime
- some overt act in furtherance of the crime
- all involved persons will be charged equally with the offense
3) Attempt - attempting to commit a crime but you are unsuccessful in completing the crime |
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Term
| elements of a valid contract |
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Definition
- offer
- acceptance of the offer
- consideration - each side is giving up something, something must be exchanged both ways |
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Term
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Definition
- difference in tone, memo (discuss), brief (argue)
- memo – highlight or assess your strengths and weaknesses, start from the beginning then come to a conclusion, inter-office
- brief – highlight only the strengths of the case, start with the conclusion and work backwards, research law and research facts to support the conclusion (case at hand), for the court |
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Term
| settlement negotiations (openness) |
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Definition
| - non fault divorce, easier of the two, you decide the terms here |
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Term
| Miranda (4 rights, and when they are read) |
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Definition
- right to remain silence
- anything you do or say will be used against you
- right to an attorney
- if you cant afford one then one will be afforded to you
- custodial interrogation - he is in custody, and he must intend on questioning you |
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Term
| 4 ways to get into federal court |
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Definition
1) federal question - civil actions that involve the constitution, laws, or treaties of the US
2) Diversity jurisdiction - civil cases in which the amount in controversy exceeds 75,000 dollars
3) Federal Crimes - smoking in an airplane bathroom
4) Admiralty and Maritime law - involving the sea, export and import |
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Term
| how a defendants character can not be uses as evidence |
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Definition
1) change - we do not always act in conformity with our character
2) prejudice - jury is likely to jump to an unwarranted conclusion that the defendant committed the act based on the type of person that he or she is |
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Term
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Definition
1) Appropriation
2) Intrusion
3) False Light
4) Disclosure |
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Term
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Definition
| exists when a plaintiff has suffered an unreasonable degree of interference with his or her ability to use or enjoy his/her own land |
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Term
| fruit of the poisonous tree |
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Definition
| if a search is unlawful, not only is the evidence seized unlawful, but also is the evidence seized later |
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Term
| exceptions to warrant requirement |
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Definition
Hot Pursuit
Search Incident to an Arrest
Automobile doctrine
Consent Search
Plain view
Airport Security |
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Term
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Definition
- promise made in consideration of marriage, prenup/postnup
- promises to pay a decadence debt (debt of dead person)
- suretyship - promise to pay another persons debt if they dont pay (co-sign)
- long term contracts - contracts not capable of being performed in less than one year
- transfers in real-estate - sell someone a home
- sale of goods of 500 dollars or more (UCC - uniform commercial code) |
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Term
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Definition
when police are in immediate pursuit of a suspect fleeing the scene of a crime, they are permitted to chase him or her into a building or home, without a warrant to effectuate an arrest
- once inside they may conduct a warrant less search for the suspect, and any weapons he may have access to |
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Term
| Search Incident to an Arrest |
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Definition
| if you have an arrest, you can have a search, of the suspect and the area around him |
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Term
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Definition
| police are permitted to search a vehicle when there is probable cause to believe there is contraband or other evidence of criminal activity |
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Term
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Definition
if you consent to a search by an officer, no warrant req., you can limit the search
- a magistrate can limit a search
Plain view - evidence may be seized if the police can see it in plain view, so long as the officers original intrusion is lawful |
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Term
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Definition
if you consent to a search by an officer, no warrant req., you can limit the search
- a magistrate can limit a search |
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Term
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Definition
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Term
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Definition
| using plaintiffs name or picture for a commercial advantage without a plaintiffs consent |
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Term
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Definition
| invasion of plaintiff by means objectionable to an average person (wiretapping, secret video taps, peering into a home), reasonable expectation of privacy - greatest in the home |
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Term
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Definition
widespread dissemination of mistaken info about the plaintiff
- you must tell more than one person something that is false |
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Term
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Definition
| widespread dissemination of confidential information about the plaintiff (true but sensitive, aka financial info, academic information, and medical info) |
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