Term
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Definition
| This is an appeal during or before the trial. While a regular appeal asks the court to review the final decision of the court, an interlocutory appeal asks the court to rule on a single procedural issue, usually a ruling by the trial court regarding the admission of evidence. The party wanting to engage in an interlocutory appeal must ask the trial court's permission to do so. It is a fairly rare maneuver and is a step usually taken only when the evidence in question is crucial to the case. |
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Definition
| When an attorney asks questions of a witness aimed at discrediting that witness's earlier given testimony. Note that an attorney is usually prevented from attempting to impeach his or her own witness. |
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Definition
| This is a motion requesting that information which might be prejudicial not be allowed to be heard in a case. It is not arguing that the evidence is irrelevant, but that its relevance is outweighed by its prejudicial effect. |
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Term
| Petition for a Writ of Certiorari |
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Definition
Pronounced: sersh-or-are-ee
The document that asks permission to appeal. Closely related to the Notice of Appeal, the Writ of Cert (as it is often called) could be thought of as a Request to Appeal. |
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Term
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Definition
| A petition can be a verb or a noun. When an attorney petitions the court, s/he is asking the court to take some action (similar to a pleading or motion). Or the attorney can file a Petition with the court. (For example: a Petition for Adoption.) |
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Term
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Definition
| reasonable basis to believe crime has been committed |
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Definition
| = prosecution in criminal matter |
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Definition
| party responding to appeal |
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Term
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Definition
Question potential witnesses
-- determine competency
-- appropriateness of testimony |
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Definition
| the point @ which a series of incidents BEGIN which ultimately result in event w/damages occuring |
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Definition
| Questioning witness first by the party who called the witness |
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Term
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Definition
AFTER direct
-- other party may question
-- BUT limited to topics from DIRECT ? ONLY = SCOPE |
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Term
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Definition
to clarify matters from cross-examination
*** LIMITED to CROSS!!! NO NEW INFO*** |
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Term
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Definition
only cross on what was in re-direct
(MANY courts do not allow)
There is no right to recross-examine a witness, provided the scope of any redirect examination is limited to matters raised on cross-examination. Whether to allow recross-examination is left to the trial court's "broad discretion." [Green v. United States, 718 A.2d 1042 (D.C. 1998)] |
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Definition
dismiss juror for good causes shown
**** UNLIMITED **** |
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Term
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Definition
dismissing juror with NO need for reason
**** LIMITED - usually 3-6 **** |
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Term
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Definition
Questioning of potential ______ to determine fitness
- Jurors
- witnesses |
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Term
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Definition
| the group from which the jury is selected |
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Term
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Definition
| legal question to be answered by court |
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Term
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Definition
From PERSONAL observation; Can establish a fact w/o need for inference
ex: witness SAW X fire the gun |
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Term
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Definition
evidence of one fact that REQ's inference to establish another fact
ex: witness HEARD a shot, turned and saw X with a gun |
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Term
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Definition
evidence GIVEN orally
aka
testimonial evidence |
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Term
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Definition
| TANGIBLE or DEMONSTRATIVE evidence |
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Term
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Definition
-Direct (saw)
-Circumstantial (heard, turned, saw)
-Oral (testimony)
-Physical (tangible object) |
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Term
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Definition
court rules to limit requests
ex: in NC limit ea party to 50 interrogatories |
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Term
| 5 MAJOR discovery devices |
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Definition
* Interrogatories
* Deposition
* Request for Admissions
* Request for Production
* Request for Mental or Physical Examination |
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Term
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Definition
written questions to opposing party & MUST be answered under penalty of perjury
ex: describe events leading to accident |
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Term
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Definition
written STATEMENTS opposing party must ADMIT or DENY under Penalty of perjury
* failure to respond w/in time (usually 30 days) = statements assumed to be ADMITTED
EX: Admit or Deny you had been drinking alcohol shortly before the accident |
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Term
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Definition
REQ for DOCs or OTHER physical items be provided for INSPECTION
ex: please produce all receipts for for ABC drycleaning b/w 2/1/ and 2/14/2013 |
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Term
| Request for Physical or Mental Examination |
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Definition
- usually REQ by D of P
- may require court approval so not used as intimidation |
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Term
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Definition
* Oral questions answered UNDER OATH
* take place OUT of court w/a court reporter transcribing testimony (verbatim)
* often video &/or audio taped
**** PARALEGAL MAY NOT DO BY SELF! **** |
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Term
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Definition
"let the decision stand"
* ie: stand by previous court which guides current court (unless a COMPELLING reason not to) |
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Term
| 6 Subject Matter Jurisdiction Courts |
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Definition
* Bankruptcy
* Family
* Tax
* Juvenile
* Small Claims
* Water (CO) |
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Term
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Definition
aka - Proof of service or Return of service
* person serving swears before notary that doc's were served |
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Term
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Definition
motion before trial
*** limits the # of issues before the court |
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Term
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Definition
violation of ethical rules during TRIAL & punished by court
include: Fines, limit on evidence, even witnesses |
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Term
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Definition
appeal made prior to or during trial
** asks a ^ ct to provide ruling on LIMITED ISSUES & does NOT determine final judgment
** CAN affect right to appeal on that issue later!! |
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Term
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Definition
- has 1 judge
- where legal action initiates
- facts & evidence presented
- (in most cases) either party can demand trial by jury, where permitted by law |
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Term
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Definition
administrative agencies settle disputes through hearings
ex: tax disputes, social security, immigration issues |
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Term
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Definition
Complaint
Answer
Counterclaim
Cross-claim
Reply |
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Term
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Definition
* trial level court where federal actions commence
* Every state has 1 or > federal districts
* cases filed in: Federal Supplement (F. Supp.) |
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Term
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Definition
* federal appellate court broken into Circuits
* AKA __ Circuit Court of Appeals
* Circuit = collection of fed districts
* cases filed in: Federal Reporter (F.2d) |
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Term
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Definition
* highest appellate court
* 9 justices nominated by president, confirmed by US Senate, term = life
cases filed in:
US Reports (U.S.)
Supreme Court Reporter, (S. Ct.)
US Supreme Court Reports, Lawyer's Edition (L. Ed. 2d) |
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Term
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Definition
- review trial court decisions by reviewing RECORD to determine whether TRIAL court erred
- SEVERAL judges - ONLY deal w/ ?s of LAW |
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Term
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Definition
Jury
(can be judge if bench trial) |
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Term
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Definition
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Term
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Definition
nat'l court system, have jurisdiction over:
- federal ?s
- where U.S. is a party
- where specific statutes grant
- where diversity of citizenship exists and >$75k damages |
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Term
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Definition
| judicial branch of state, has both trial and appellate levels |
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Term
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Definition
creates &/or enacts law
* Federal = Congress
* State = Legislature
* NC = General Assembly (House + Senate) |
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Term
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Definition
enforces or executes law
* Fed - president
* state - Govenor
* City - Mayor |
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Term
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Definition
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Term
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Definition
ALWAYS have this - court not req'd to follow
* from same or LOWER court
* from another jurisdiction |
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Term
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Definition
ALWAYS WANT this - in theory court MUST follow
* from HIGHER court
* must follow, unless law superseded or unconstitutional |
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Term
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Definition
LAW
* Any form of law
* statute, or common law (case law) |
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Term
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Definition
* Higher court must follow
* SAME or LOWER court, court will choose whether to follow |
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Term
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Definition
*** NON-LAW ***
- good place to start - may cite PRIMARY
ex: legal encyclopedias, restatements, journals |
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Term
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Definition
Court would NEVER use!!!!
EX: OVERTURNED case, STATUTES that are superseded, Dissents |
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Term
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Definition
| to swear (in front of a notary) |
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Term
primary authority
Opinions |
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Definition
case law
* decision by court applying law to a SPECIFIC FACTUAL situation
opinion = case = common law |
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Term
primary authority
Treaties
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Definition
* agreement b/w ≥ 2 gov'ts
* MUST be signed by President must
AND
* MUST be confirmed by SENATE ===> LAW |
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Term
primary authority
Executive Order |
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Definition
Law created by ^ entity of executive branch
EX: president or govenor |
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Term
primary authority
Constitution |
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Definition
^est form of LAW
* fundamental law establishes BASIC RIGHTS & OBLIGATIONS of/by/for citizens
* creates branches of gov't
ex: US Constitution, NC constitution |
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Term
primary authority
Administrative Rules |
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Definition
Rules & Regulations made by state & Fed admin agencies
ex: FAA rules govern air traffic |
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Term
primary authority
Administrative Decisions |
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Definition
* Admin agency applies rules to a factual situation
EX: FAA gives X a fine for making a bomb joke in airport
(FAA would then issue a report detailing their decision.) |
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Term
primary authority
Rules of Court |
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Definition
rules that govern the trial process
created by legislature, court or both
ex: Federal Rules of Civil Proceedure = court rules for civil federal trial |
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Term
primary authority
Charters |
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Definition
// constitution for LOCAL gov't
establishes structure |
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Term
primary authority
Ordinances |
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Definition
// local statutes
rules members of a COMMUNITY expected to follow
ex: if you fail to mow your lawn - violation
fail to put fence around pool - violation |
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Term
primary authority
Statutes |
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Definition
enacted law
laws created by legislature
U.S.C. = United States Code = federal statutes
states make their own
N.C.G.S.
SUPERSEDES COMMON LAW |
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Term
10 types of
Primary Authority
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Definition
- Opinions
- Statutes
- Treaties
- Executive Order
- Constitution
- Administrative Rules
- Administrative Decisions
- Rules of Court
- Charters
- Ordinances
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Term
2 ?s to anticipate court's
PROBABLE
response
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Definition
Is the authority LAW or NON-LAW?
(primary vs. secondary)
If it is LAW, what WEIGHT does it carry?
(mandatory vs. persuasive) |
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Term
Canino v. New York, 475 A.2d 528 (N.J. 1984)
A B C D E F
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Definition
A) Title (name of case) underline or italicize
B) VOLUME #
C) PUBLICATION
D) PAGE #
E) COURT - NJ = supreme ct of NJ
F) YEAR - opinion written in |
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Term
42 U.S.C. §1204 (2006)
A B C D
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Definition
A) Title or Chapter of Statute
B) Publication United States Code)
C) Section #
D) Year Statute Enacted |
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Term
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Definition
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Term
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Definition
Federal Circuits
&
Federal Districts |
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Term
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Definition
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Term
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Definition
Regional Reporter (by West Publishing)
and how to cite
- NorthWest (N.W.2d)
- NorthEast (N.E.)
- SouthWest (S.W.2d)
- SouthEast (S.E.2d)
- Pacific (P.2d)
- Atlantic (A.2d)
- Southern (So._2d)
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Term
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Definition
publications by gov't
unofficial 3rd party |
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Term
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Definition
what law should be
Westlaw & lexis |
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Term
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Definition
American Law Reports
-- find law
-- contains law (REPORTER)
-- valued for ANNOTATIONS
-- important or interesting cases ONLY
-- Westlaw (ALR) & lexis (alr) |
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Term
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Definition
American Jurisprudence 2nd edition
-- find law
-- References cases & statutes
-- each TOPIC has commentary & FN
-- Westlaw (AMJUR) & lexis (am jur 2d) |
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Term
| Am Jur Proof of Facts, Pleading & Practice, Trials |
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Definition
** HELPS TO USE THE LAW **
- checklists, sample ?s & As, reference to PRIMARY, petitions, forms, strategy etc |
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Term
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Definition
Corpus Juris Secundum
ONLY ON WESTLAW!Legal Encyclopedia
each topic has COMMENTARY & FN leading to primary
westlaw (CJS) |
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Term
| PRETRIAL Civil litigation Process |
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Definition
1) client interview
2) Plaintiff files complaint
3) Defendant files motion to dismiss
4) Defendant files answer (w/in 30 days)
4a) if not - Plaintiff files for motion for DEFAULT judgment
5) DISCOVERY (takes a LONG time!)
6) Plaintiff or Defendant files Motion for Summary Judgment
7) if denied - goes to trial |
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Term
| TRIAL Civil litigation Process |
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Definition
1) jury selection
2) opening statements
3) Plaintiff presents evidence
4) Defendant motions for DIRECTED Verdict (DV)
5) Defendant presents evidence
6) DEF or PLAIN move for DV (unlikely)
7)Closing Statements
8) Judge instructs jury
9) Jury Deliberates
10) Jury renders verdict
11) Judge enters judgment on verdict
12) Looser moves for JNOV |
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Term
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Definition
| Plaintiff states their FACTUAL position (permissive) |
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Term
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Definition
| Defendant - MANDATORY response to Complaint - MUST file w/in 30 days |
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Term
** pleading **
COUNTER-CLAIM |
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Definition
| a Defendant's 'complaint', can be on same issues or separate (permissive) |
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Term
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Definition
| Plaintiff's 'answer' to Defendant's counterclaim |
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Term
** pleading **
CROSS-CLAIM |
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Definition
| when defendant sues ANOTHER (3rd) party |
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Term
** pleading **
3rd PART ANSWER |
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Definition
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Term
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Definition
| party that lost at trial and initiates appeal |
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Term
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Definition
| party that won at trial and responds to appeal |
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Term
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Definition
- client vs. attorney
- CIVIL court
- MONETARY $$$ Damages |
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Term
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Definition
- State BAR vs. attorney
- ADMIN hearing
- disbarred, suspended, reprimanded |
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Term
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Definition
1) breach of fiduciary duty (^ standard)
2) breach of K (ex: engag. letter)
3) negligence (Statute of Limitations)
4) intentional tort (conversion of funds) |
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