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1) US Constitution 2) Cases - Precedent 3) Statutues - Legislature |
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3 Characteristics of Legal Rules |
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1) Moral Judgement 2) Common Sense 3) Not Exact |
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1) Natural Law - What is right? 2) Positive Law - Who has the power, makes the laws 3) Sociological Law - Whatever works |
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Punishment, Fine, Treatment NEED 12/12 Jurors to convict |
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Money, Injunctive/Equitable NEED 6-12 like 5/6 or 10/12 |
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Who is going to prove and how much evidence? (perponderance) |
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-Look at what is at stake -Some procedures different -Some procedures same |
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The power of a court to hear a case... Needs 2 types of jurisdiction: -subject matter -personal more... -original (where it originates) -appellate (the power to hear and appeal) -concurrent (two or more courts could hear a case) -corporate (when does a court have power over a corporation) |
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1) from constitution, federal laws 2) USA vs. YOU 3) Diversity (people fighting from different states) |
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small amounts of money (no criminal) |
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shop lifting, minor assault, CITY COURT (no civil) |
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Hears civil (up to 50k) and criminal. Misdemeanors, gross misdemeanors. County divided by districts. |
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Misdemeanors, gross misdemeanors, and felonies. |
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