Term
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Definition
• Constitution –Comes from constitutional convention
• Statues –Legislature, city counsel. Some elected body
• Administrative law – Administrative agencies eg. IRS
• Common law – We look to our judges for common law. Do you English law as a reference. |
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Term
| Are Scholarly journals a source for law? |
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Definition
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Term
| All law comes from the government? (T/F) |
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Definition
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Term
| When a judge goes to apply common law, where do they find common law? |
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Definition
| • Precedence or stare decisis |
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Term
| What is the Doctrine of Stare Decisis? |
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Definition
| Lower courts must follow the precedent established by higher courts. (courts of one jurisdiction not bound by the precedence established by the courts of another jurisdiction). (May look to for guidance) |
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Term
| If state and federal laws conflict, who generally wins? |
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Definition
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Term
| If you’re a judge and have a criminal case in front of you. Their defense is that they were provoked and therefore justified in their assault (battery). What’s the first thing the judge needs to look to? |
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Definition
• Constitution (eg. Freedom of speech)
• Statues
• Administrative law
• Common law |
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Term
| Equitable vs legal remedies |
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Definition
Equitable: Restoration of Property (court order) –eg. Give up some sort of property or something
Legal: Return of property (compensatory damages)- Desired outcome in civil cases |
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Term
| If the legislature enacts a law that violates the constitution is that law valid? |
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Definition
| • No, courts will not enforce it. |
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Term
| • Federal Court (Jurisdiction of) |
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Definition
Federal question - US constitution, Treaties, and federal statutes and regulations.
Diversity of Citizenship - Citizens of different states, or citizen of a state and foreign country
Exclusive Jurisdiction - antitrust, bankruptcy etc. |
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Term
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Definition
| "Jurisdiction over the thing." Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. |
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Term
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Definition
| A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state. (nonresident must have had some minimum contact with the state) |
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Term
| Why won't most cases go to trial? |
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Definition
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Term
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Definition
| Procedure whereby the parties to a dispute negotiate to try to reach a VOLUNTARY settlement of their dispute (No 3rd party) |
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Term
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Definition
| A neutral 3rd party helps the negotiation. |
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Term
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Definition
| Parties decide on an impartial 3rd party to hear and decide the dispute. Decision is usually binding. Most commonly done because contract requires you to do so. |
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Term
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Definition
-Plaintiff files a COMPLAINT to give reason for lawsuit.
-Summons is a court order for defendant to appear in court
-Answer is from the defendant in response to plaintiff complaint
• Defendant files an answer
o Counter claim – Defendant suing plaintiff
o Cross claim – defendant suing defendant
o Third party complaint – someone that hasn’t been involved
• Discovery phase
o Depositions
o Interrogatories |
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Term
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Definition
| Plaintiff attorney questions witness (your own witness) |
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Term
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Definition
| Defendant attorney questions witness (can only ask questions about the subject that were brought up during direct examination |
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Term
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Definition
| To see them speak. This is where we get to ask prospective jurors questions to see if they'd be good jurors. |
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