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| US Constitution issues, statues from congress, agency regulation |
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| Court to hear matters of state law if opposing parties are from different states and amount exceeds $75,000 |
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| Determine facts and apply law |
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| decide if trial court made error |
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| a stature establishing and setting out the powers of an administrative agency |
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| a law promulgated by an administrative agency |
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US Supreme Court
US Court of Appeals
US District Courts |
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Highest Level
Mid level appellate
general jurisdiction
trial courts |
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| Person filing appeal, loser of trial court |
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| Party who won trial court |
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| parties submit there disagreement to a third party whose decision is binding |
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| a neutral third party assists the parties in reaching a mutuall agreeable, voluntary comprimise |
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| Summary Jury Trials (ADR) |
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| A non-binding process in which attorneys present synopses of their cases to a jury |
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| Pleadings, Pretrial Motions, Discovery, Standing |
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| papers that begin a lawsuit, generally the complaint and the answer |
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| a motion brought before the beginning of a trail either to eliminate the necessity for a trial or limit the information |
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| the modern pretrial procedure which one party ains info from the other party on the issue |
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| the power of a court to hear a case |
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| subject matter jurisdiction |
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| the power of a court to hear a particular case |
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| the power of a court to force a person to appear before it |
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| a consitutional law requiring that a defendant have a minimum level of contact with a state before the state courts can have jurisdiction over the defendant |
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| pleading that begins a lawsuit |
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| a notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the lawsuit |
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| defendants reply to the complaint, it may contan statement of denial |
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| Rule 12 Motion to Dismiss |
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| Lack of jurisdiction, improper venue, insufficency of process, failure to state a claim on which relief can be granted |
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| a court order that a person who is not a party to litigation appear at a trial or deposition and bring requested documents or accounts |
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| the opinion of the jury based on a question of fact |
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| a trial ended by the judge due to a major problem |
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| a system of government in which the authority to givern is split between a single, nationwide, central government |
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| Primary Responsibilities of Federal Gov |
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| republican form of government, protecting the people, regulation commerce, establishing rules, coining $, |
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| States are PROHIBITED from; |
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| entering treaties, coining money, passing bills agianst congress, granting titles of nobility, imposing duties or exports |
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| The powers not delegated to the US by the Constitution , nor prohibits by it to the states, are reserved to the states |
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| Doctrine of Implied Powers |
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| powers that are not stated in the Constitution but which are necessary for congress to cary out |
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| the power of federal government to prevent the states from passing conflicting laws |
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| A legal doctrine that exempts some members of the executive branch from having to disclose information weere nondisclosure is deemed necessary |
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| a legal doctrine that exempts the president from being criminally prosecuted for actions taken as President |
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| legal rights associated with being a citizen of a country, involve a government doing something for a citizen |
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| Legal gurantees that the government wont interefere with personal lives |
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| rights that all human beings have regardless of wehre they live |
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| right to a counsel in criminal cases |
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| Freedom of Expression Limitations |
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| Content neutrality, symbolic speech, time and place restrictions |
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| Discrimination Types and Cases |
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Definition
Race- Plessy v. Ferguson
Sex- US v. Virginia
Age- minimum laws for drivers license
Sexual Orientation- Romer v. Evans |
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| an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact |
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| an intentional act that creates a harmful or physical contact |
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| making a defamatory remark either knowing the material was false or with a "reckless disregard" to the informations truth |
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remarks so harmful they are automatically viewed as defamatory
(celebs) |
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| An intentional tort that covers disclosure, intrusion, appropriation and false light |
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| intentional publication of embarrassing private affairs |
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| the intentional, unjustified encroachment of another personas personality, name, |
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| the thing speaks for itself, a doctrine that suggests negligence can be presumed if an event happened that would'nt ordinarily happen |
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| negligence that the plaintiff in which contributed to his/her injury |
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| The doctrine that states a plaintiff cannot recover from an injury as a result of voluntarily subjecting themself to danger |
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