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The list from which jurors are ultimately selected is called the venire
- some states automatically exempt policemen firemen doctors lawyers etc
- there are no automatic excuses from jury duty but a person could request to be exempted due to hardships ( such as transportation, physical and mental weakness etc) |
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meaning "speak the truth" in french, it is when potential jurors will be called in a group and examined for their suitability to serve; Judge may do questioning or the atty's for both parties
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seeks to remove jurors who are biased
examples: related to any the parties; landlord/tenant, employer/employee, creditor/debtor, etc.; previously involved in a case with parties or that covered a similar crime; personal interest; already passed a judgment; dislikes either party |
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-limited arbitrary challenges offered to both sides that can be used to eliminate a juror without having to specify a reason
- based on stereotypes that certain jurors will be better than others to help their case |
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reversal of jury's verdict by judge b/c judge believes there was insufficient facts or verdict did not correctly apply law |
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-to isolate, separate, or keep person/people apart from others for purpose of fair trial
-court takes property subject to dispute pending outcome of case/trial |
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keeps communication between an attorney and client confidential |
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Chinese Wall
Doe ex. rel. Doe v Perry Community School Dist. |
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Disqualifies atty who switches sides during a case, eliminates conflict of interest
-must only prove a standard relationship between former
3 pronged test
1.) nature and scope of prior representation
2.) the nature of the present lawsuit
3.) if client might have disclose confidence from prior case that is relevant to current case
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Recusal
Cheney v. US Dis. Crt for DC |
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a situation in which a judge or prosecutor is removed/voluntarily steps down from a case usually due to conflict of interest
- Cheney case: Justice Scalia argued against recusing himself from case involving Cheney as requested by Sierra Club. Recusal of Supreme Court can impair it's function etc |
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Thomas v. Thomas case
In re Discipline of Eicher
atty making personal attacks on opposing party's client
-no over-zealous behavior
- no withholidng evidence/information
tampering with witnesses |
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| legally prescribed time limit in which a lawsuit must be filed; differs depending on type of legal claim and on state law |
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| fundamental principle of fairness in all matters, both civil and criminal; all legal procedures set by statute and court practice must be followed for each individual so that no prejudicial or unequal treatment will result |
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right gauranteed by 14th Amendment to be treated the same, legally, as in other situations
- must be rational basis for gov't law that discriminates on the basis of suspect classification (race, gender, or other trait that has historically resulted in discrimination) |
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certain rights protected by due process/equal protection clausethat can only be regulated if it passes criteria of strict scrutiny |
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| Strict Scrutiny / Lemon Test |
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legal standard to determine the constitutionality of a statute
1) a court considers whether gov't has compelling interest in creating the law
2) whether the statute is narrowly tailored" to meet the gov't objectives
3) if there are less restrictive means of accomplishing the same thing |
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a legal standard that determines constitutionality of statute
- must consider whether statute has reasonable connection to achieving a legitimate objective |
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| a trial decided by a judge |
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| a rule of evidence that prohibits the use of out-of-court statements that are offered as proof of the subject of the statement. it isnt not admitted bcos the person that made the statement is not present in court for cross-examination |
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| a jury unable to come to final decision resulting in a mistrial. a judge usually orders to reconvene but if its final then a mistrial occurs. then it is up to the prosecutor to try it again. |
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| a decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. |
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| a trial that ends prematurely and without judgement due either to the msitake that jeopardizes a right to a fair trial or twi a jury that cant agree on a verdict |
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| the right to dismiss or execute a potential juror during jury selection without having to give a reason. each party to a lawsuit gets a set number of preemptory challenges eg- potential bias is an example. |
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| either a real/apparent conflict btw ones professional or official duties n one's private interests or a situation where one duty conflicts with another |
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| the removal of an attorney's license to practice law. |
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| model code of professional conduct |
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| a set of professional standards prescribing legal ethics and professional responsibility for attorneys in the united states. most states have adopted it. replaced code of professional responsibility |
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a situation in which a judge or prosecutor is removed or voluntarily steps down from a legal case- this happens when the judge or prosecutor has a conflict of interest
eg would be the cheney case. |
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| a fee paid in advance to a lawyer to secure the lawyers services, acts as a down payment to make sure the client will be represented. |
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| a legal standard to determine the constitutionality of a statute, when the statute applies to a quasi-suspect classification such as gender. |
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| least restrictive alternative |
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| a requirement of the individuals with the disabilities education act that skool districts place disabled children in the classroom setting best meeting their individual needs |
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| latin for "let the decision stand" a doctrine requiring that judges apply the same reasoning to lawsuits as has been used in prior cases. |
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| the taking and recording of the testimony of a party or witness under oath before a court reporter before trial. part of pretrial discovery |
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| a formal investigation governed by court rules that is conducted before trial by both parties. it allows both parties to question the other parties and sometimes witnesses |
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latin for an inconvenient court. the idea that a court may change the venue of a lawsuit if that is more convenient for the parties has lost meaning
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| written questions sent by one party to another as part of the pretrial investigation process. part of discovery |
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| a law that gives a court jurisdiction over a nonresident company or individual who has had sufficient contacts with the jursidiction to warrant being subject to its laws |
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| the delivery of copies of legal documents such as summons, complaints, subpoena, order to show cause and certain other documents usually by personal delivery to the defendant or other person to whom the documents are directed. |
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| a legal principal making government bodies and employees immune from being sued in their own courts without government consent. the legislature can and often does carve out areas where this immunity will waived. |
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| a benefit or right for which the parties to a contract must bargain |
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| honest intent to fulfill a promise to act or to act without taking an unfair advantage over another person. absense of intent to defraud someone |
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| in a contract, an amount of money agreed upon by both parties that a party who breaches the contract will pay to the other party. may not be enforced by judges when appearin in consumer contracts. |
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| the requirement that someone injured by anothers negligence or breach of contract must take reasonable steps to reduce the damages, injury, or cost and to prevent them from getting worse. |
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| if there is a written contract the terms of the contrzct cannot be altered by evidence of oral agreements purporting to change explain or contradict the written document |
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| a legal principle that prevents a person who made a promise from reneging when someone else has reasonably relied on the promise and will suffer a loss if promise is broken |
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| latin for as much as he deserved. a principle used to award the reasonable value of services performed by the victim of a broken contract |
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| returning property or its monetary value to the rightful owner. the losing party in a negligence or contracts case may be ordered to make restitution, such as restoring ruined landscaping |
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| a law in every state requires certain types of documents to be in writing and signed by the party to be charged |
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| latin for 'let the buyer beware". the basic premise is that you are buying a product or property at your own risk and should personally examine and test for obvious defects and imperfections |
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| an item of personal property that can be moved from place to place |
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| a right to use another person's real estate for a specific purpose. eg to travel over another person's land |
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| the power of the federal or state government to take private property for a public purpose even if the property owner objects |
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a person or a company that handles escrow arrangements
escrow is the holding of funds or documents by a neutral third party prior to closing a sale. |
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| implied warranty of habitability |
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| a legal doctrine that requires landlords to offer and maintain livable premises for their tenants. you could withhold rent if landlord fails. |
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| intangible and tangible property |
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personal property that has no physical existence eg such as stocks, bonds
personal property that can be felt or touched eg furniture, cars, jewelry |
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| the right of the public to use property taken by the goernment through the exercise of its power of eminent domain. |
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| an agreement in a deed to real estate that restricts future use of the property |
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| the right to pass over or through property owned by someone else usually based on easement. |
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