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| judge-made law (following precedent) |
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| following precedent "standing by the decision" |
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| follows a CODE for new decisions (only louisiana) |
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| federal and state and local ordinances (passed legislatively) |
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| committed against society; fine money from a felony goes to state |
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| committed against a victim; no jail, but owe victim money |
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| beyond reasonable doubt (burden of proof on prosecuting lawyer) |
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| to convict the defendant in criminal suits, the jury must be... |
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| preponderance (burden of proof on defendant) 75% |
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| to convict the defendant in a civil suit, the jury must be... |
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| where the responsibility lies to prove or disprove the case |
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| once found innocent, you can't be tried again for the same crime by the same governmental body |
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| statute of descent and distribution |
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| general legal outline for what happens to your stuff if you intestate |
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| land and items permanently attached |
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| NOT land or permanently attached items |
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| the process of settling an estate |
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| primary probate estate; where you have your driver's license, where you vote, taxes filed |
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| named in will to handle estate |
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| court appointed to handle estate when someone dies intestate |
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| descendants inherit from will through representation (get exactly what that person would've gotten) |
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| descendents rise to level of parent and the entire sum is re-divided equally |
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| if there are no living relatives, all estate goes to general state fund |
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| oral will "soldier & sailor's will" |
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| must be put to paper by within 6 months & must have 2 witnesses & can't exceed certain amount |
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| stipulations of noncupative will |
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| person assigned to raise children of the deceased |
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| person left in charge of money to be used for raising children |
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| money goes through a trust fund, not directly to a child |
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| probate court neglects will due to claims against validity (insanity, written against their will, under undue influence) |
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| -know who you are -know your relatives -know what property you have -know how you want property distributed |
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| multiple laws apply and there is debate over which to use |
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| power over specific kind of case; power to hear a case |
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| jurisdiction over subject matter |
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| what kind of case a court can hear |
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| jurisdiction over a person |
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| jurisdiction over property (the subject of the suit) |
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| municipal courts/ county courts |
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| courts of limited jurisdiction, can hear misdemeanor cases, "small claims court" |
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| probate court, juvenile division, domestic relations, general trial division |
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| 4 divisions of the court of common pleas |
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| division of court of common pleas dealing with estates, adoptions, name changes, competency |
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| division of court of common pleas dealing with minors (committed by a minor or involving a minor) |
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| division of court of common pleas dealing with divorce, annulment |
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| division of court of common pleas dealing with felonies, and civil cases |
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| before a suit is presented to the general trial division, it is evaulated to see if there is enough to present a case |
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| only one court has the power to hear a case |
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| multiple courts have potential jurisdiction |
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| all lower courts appeal to the court, 3 judges (no jury, no witnesses, no trial) |
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| person bringing the appeal |
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| party against whom the appeal is being brought |
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| reversed decision (in appeals court) |
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| agree with the first ruling |
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| affirm the decision (in appeals court) |
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| send the case back to the court |
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| remand the decision (in appeals court) |
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| transcript, written briefs, oral arguments |
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| 3 factors in court of appeals |
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| request for the right to appeal to the supreme court |
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| state administrative agencies |
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| possess legislative power to pass regulations (enforcement powers, judicial powers); meant to help judicial branch with specialized cases |
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| court of original jurisdiction at the federal level |
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| diversity of citizenship, raise a federal question |
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| 2 ways to get entry to US district court |
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| plaintiff and defendant are each (all) from different states & causative action exceeds $75,000 |
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| somebody violated a federal statue or the federal constitution |
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| raise a federal question (question a federal statue) |
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| with multiple options, plaintiff seeks the court that will rule most beneficially for them |
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| request a country to send a criminal back to the country where the crime was committed |
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| obigates a country to send criminals back to the country where they committed a crime |
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| 1) file suit in defendant's state of domicile 2)serve defendant while they're in an area covered by the court 3) defendant voluntarily submits 4)long arm statute |
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| ways to gain jurisdiction over the defendant |
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| court can bring defendant from outside of the boundary of the court (where the wrong was committed) to bring him back to that court |
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| court can decline to hear a case due to inconvenience |
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| rights and duties according to states (although states are not obligated to use their own) |
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| outlines proceedings for filing lawsuit (ALWAYS according to state) |
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| not paying attention to laws--> you still broke them! |
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| common procedural law across all states |
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| contributorily, comparitvely, NEGLIGENT |
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| plaintiff sues although they contributed to accident |
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| court determines percentage of negligence on each side |
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| use substantive law of state where wrong occured |
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| use substantive law where the suit takes place |
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| 1. pleading 2. discovery 3. trial 4. post trial |
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| procedural steps in a civil trial |
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| discovery phase of a civil trial |
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| try to narrow the issue; decide what's relevant and ask to see evidence of the opposing side |
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| pre-trial underoath interrogation |
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| questions sent between sides pre-trial, under oath |
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| to speak the truth, attempt to avoid bias (premptory challenge |
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| don't need a reason to kick someone off the jury stnan, just do |
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| unlimited but not immediate |
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| story explaining preceding events and the direction of the examination |
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| can call defendant back to state where he committed tort (or if he does business there or something) |
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