Term
|
Definition
the resolution of disputes through the court system |
|
|
Term
|
Definition
it is the individual vs. individual resolving disputed between private parties through the court system. |
|
|
Term
|
Definition
procedural law; the set of laws that governs how a case is conducted through the court system |
|
|
Term
|
Definition
set of laws that governs the rights of parties in a suite (tortes) |
|
|
Term
|
Definition
|
|
Term
Federal Rules of Civil Procedure |
|
Definition
The set of laws that governs how a case is conducted through the federal court system. Found at www.law.cornell.edu |
|
|
Term
NC Rule of Civil Procedure |
|
Definition
The set of laws that governs how a case is conducted through the NC court system. |
|
|
Term
|
Definition
treatise- explaining the rules of civil procedure in NC. |
|
|
Term
|
Definition
Covers specific rules for each county, found in NC Rules of Court Local |
|
|
Term
|
Definition
body of federal laws governing the united states of america |
|
|
Term
|
Definition
body of state laws governing the NC |
|
|
Term
|
Definition
judge-made-law, also called case law |
|
|
Term
|
Definition
the process of following precedent, "Let the decision stand".
The philosophy in modern law, if the case has been decided earlier that is sufficiently similiar to the current case then the same decision should be rendered. |
|
|
Term
|
Definition
earlier case decision that controls a later one. |
|
|
Term
|
Definition
they decide questions of fact and questions of law |
|
|
Term
|
Definition
What happened? Witnesses, physical evidence, opinion, eye witness or expert testimony |
|
|
Term
|
Definition
"How will the law be applied to these facts"; judge decides. |
|
|
Term
|
Definition
has the party met his or her burden of proof? Which is true? Jury or judge. Who has the obligation to convince the trier of fact |
|
|
Term
|
Definition
person who brings the lawsuit |
|
|
Term
|
Definition
|
|
Term
|
Definition
they decide appeals, questions of law only, review transcripts only |
|
|
Term
|
Definition
appeals from the district court, you get it if you want to appeal |
|
|
Term
|
Definition
court records of a case at trial? |
|
|
Term
|
Definition
summary of a decided case |
|
|
Term
|
Definition
uphold; agreed with the lower court |
|
|
Term
affirm with modifications |
|
Definition
court rules the same but with a change to some element of the decision |
|
|
Term
|
Definition
disagree with the trial court; change the decision |
|
|
Term
|
Definition
disagree with the trial court, sned it back to the trial court |
|
|
Term
|
Definition
one of the judges disagrees |
|
|
Term
|
Definition
procedure by which a case is appealed to the US Supreme Court (pertition the court for writ...) |
|
|
Term
|
Definition
formal written documents to begin litigation or respond |
|
|
Term
|
Definition
document that is filed and served that begins the litigation |
|
|
Term
|
Definition
|
|
Term
|
Definition
written or oral request for the court to do something |
|
|
Term
|
Definition
formal investigation, request and receive information from the other parties |
|
|
Term
|
Definition
relief from damages; what the plaintiff is asking for from the defendant through the court |
|
|
Term
|
Definition
money requested to compensate the plaintiff because of this injury by the defendant; money for pain and suffering or for medical costs or loss of income. |
|
|
Term
|
Definition
money requested to punish the defendant for bad behavior |
|
|
Term
|
Definition
court orders defendant to stop; this stops actions that adversely affect the plaintiff. |
|
|
Term
|
Definition
court orders the defendant to do something |
|
|
Term
|
Definition
court decides an issue so the parties can go forward |
|
|
Term
|
Definition
database of everything about your cases; searchable; "relational"; conflict checking; keeps up with statutes of limitations. |
|
|
Term
|
Definition
professional activity; case management, document assembly, contact management, calendaring |
|
|
Term
|
Definition
business activities, billing and some time tracking |
|
|
Term
|
Definition
every piece related to each other |
|
|
Term
unauthorized practice of law |
|
Definition
prohibits nonattorney from the practice of law. Class 1 misdeanor in NC. |
|
|
Term
|
Definition
do not reveal information disclosed by a client |
|
|
Term
|
Definition
we are held to the highest level of integrity |
|
|
Term
candor toward the tribunal |
|
Definition
do not make false statments to the tribunal/court; Can't misprepresent the law;can't engage in fraud |
|
|
Term
|
Definition
you cannot seek to unfairly influence a judge or juror; cannot communicate with a juror. |
|
|
Term
|
Definition
the representation of one client which adversely affects another client. |
|
|