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Definition
GOVERNS THE ISSUES THAT ARISE BETWEEN OVER PRIVATE RIGHTS |
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penalties in a civil case |
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1. no imprisonment 2. judgment that awards money is payable to the individual whose rights were violated |
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sufficient to compensate the injured party for the reasonable cost of the injures. |
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punitive damages /exemplary damages |
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Definition
additional monies that the defendant is ordered to pay as a form of punishment |
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the reasoning behind punitive damages |
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some actions are grossly improper that the defendant should be punishable in a way that will serve as a deterrent and an example |
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Substantive Law creates defines and regulates rights |
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Difference between Substantive Law and Procedural Law |
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Definition
Procedural Law provides a method of enforcing rights Substantive Law body and essence and substance that guides the conduct of citizens it encompasses principles of right and wrong as well as welll as the principle that wrong will result in a penalty |
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prescribes as a methos of enforcing right or obtaining redress for invasion of rights |
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What is the basic function of civil law? |
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Definition
tp facilitate the movement of a lawsuit through the legal system. |
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what was Procedural law created |
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Definition
ensure that all parties are afforded fair and impartial treatment, |
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Term
PROCEDURAL lAW PLAYS A PART IN LITIGATION AND INCLUDES WHAT |
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Definition
1, Time, 2, Manner in which the lawsuit is begun.3. Proper wad to inform the defendant that a lawsuit has been filed. 4. The types of information stat each part must release to the other party. 5. The procedural trial. 6. The evidence that can be introduced at trial . 7. The method for appealing the decision if the losing party feels that the decision was inappropriate. |
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Term
Whne can Substantive rights are affected be procedural law |
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Definition
When there is a conflict of law, different legal standards may apply in different states. More than one jurisdiction has contact with the dispute; there is a potential for procedural law to affect the outcome of the suit rather than Sub. Law |
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Term
When Substantive rights are affected py procedural law. , |
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Definition
Different legal standards apply in different states or when more the one jurisdiction has contact dispute, the potential for procedural law to affect the out some of the suit rather than the sub-law |
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Parties bring suit to federal court |
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Definition
Diversity of Citizenship or dispute based on a series of events and injuries |
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Term
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Definition
court should attempt to apply its own procedural law regardless of which Sub Law applies |
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Term
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Definition
Conflicting Procedural Law and Substantive Standards from varying jurisdictions arises when more than jurisdiction could serve as the forum for the suite |
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Term
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Definition
Is a procedural law in jurisdiction indicating the time within which particular a lawsuit can be commenced |
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Term
What is the outcome determination test |
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Definition
the court examines what would happen under this law. The goal would be outcome would the same in the federal court or state court |
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