Section 1
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circumstance one can appeal their case
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Last updated
6 years ago
Date created
Mar 1, 2020
Cards (102)
Section 1
(50 cards)
circumstance one can appeal their case
when there is an issue of law
in rem jursidiction
jursidiction over property
writs of centiorari
request to supreme court to hear case
Criminal Law
wrongs against society (crimes)
Plantiff - criminal
governemnt/state
appellate
rewiewing courts
Doctrine of Stare Decisis
must stand on perviously decided cases that are same/ similar, case precidents
Us Congress
enacts statutes on a federal level
Bill of Rights
located in the first 10 amendments of the constitution
Common Law
orginal definitions of the law, form old English Customs
State jursidiction
everything else
State court system
superior courts state court of appeals state supreme court united states supereme court
Primary Source of Law
States law
general jursidiction
court hears several types of cases
14th amendment
incoperated so amendments apply to states
original jursidiction
court where case begins
types of Federal court cases
bankruptcy diversity + 75,000 copyright Treatys IRS Immirgation
limited jursidiction
court only hears their specific types of cases
Plantiff - civil
injuried
Federal court system
district courts united states court of appeals united states supreme court
Secondary Source of Law
Explains the Law
Precident
previously decided cases that are used for ruling on other cases
first step in the litigation process
file a complaint and summons
defendant
diversity for federal juristiction
citizen for different state
order of appeals in state system
superior courts appeal to state court of appeals then appeals to state supreme court then appeals to united states supreme court
Statutory Law
statutes, written law
in personam jursidiction
jurisdiction over person involved
dissenting opinion
appelet court ruling - justice disagrees with majority ruling
affirm
agree with lower courts ruling
long arm statute
establish minimun contacts... then use to establish jursidiction over a non-resident
minimum contacts
doing business in state attend school in state
judical requirments
jurisdiction
Us congress
enacts statutes on a federal level
majority opinion
appellet court ruling- opinion of the majority of the justices
Burden of proof - civil
perpondance of the evidence
reverse
disagree with lower courts ruling
concurring opinion
appelet court ruling - justice agrees with ruling but for different reasons
rule of four
must have 4 of 9 justices to agree to hear case
plantiff
references that refer to filing a case
code of civil procedure civil code rules of court
Burden of proof - criminal
beyond a reasonable doubt
Plantiff
injured party, one filing lawsuit
federal jursidiction
falls under federal laws
US Constitution
Supreme Law of the land
order of appeals in federal system
district court appeals to united states court of appeal then appeals to united states supreme court
appelet court can:
affirm, reverse, remand
Civil Law
wrongs against individuals (torts)
Defendant
person that is accused, being sued
remand
send the case to be redone in lower court
Section 2
(50 cards)
circuit courts, US court of appeals
intermediate courts in federal system
Voir Dire
process of jury selection
demurrer
failure to state cause of action, file instead of an answer
district courts
trial courts in federal system
preemptory challenges
remove jurror without reason, only get six
ways to serve defenfant
personal service substitute service publish in the newspaper acknowldgement and recipt
substitute service
handing them to person over the age of 18 in the household
default judgement
dont answer in 30 days
answer
admits or denys allegations and sets forth an affirmative defense
ethical dilemma for Tobacco Company
knowingly selling a product that is dangerous for the purpose of making profit
complaint
document that sets forth allegations on which relief should be granted
pleading paper
numbered paper used to file a complaint, must use specific formating
request for production of documents
asking for specific documents relating to the case
summary judgement motions
(summation) J no trialble issue of fast
interrogatories
written questions given to the other side to answer
subject matter jurisidcition in bankruptcy case
federal, original, limited
serves the defendant
anyone over the age of 18, not a party to the case
appelet court
subject matter jursidiction
statory law
body of law set by the governemnt
cases only heard in federal court
bankruptcy diversity +75000 copyright treaties irs immigration
Plaintiff's arguments
-tobacco failed to warn public of danger of use -nicotine is addictive - product causes cancer - misleading advertising
discovery
process of gathering information during litigation
venue
geographical location of case
response to being served
answer cross complaint demmur
methods of discovery
interrogatories request for production of documents deposition request for admissions request for expert evaluations
codes
laws arranged by subject matter
Defendant's arguments
-other causes of cancer (pollution, dietarty) - nicotine is not addictive -plantiff knew risks (was a risk taker in life) - he quit (when it mattered to his life)
personal service
handing them the documents
pretrial conference
judge and attorneys exchange information, witness lists, evidence lists, jury instructions, motions in limine
defendant fails to file response
failure to answer - default judgement
state gov
plantiff in criminal case
service of process
serve the defendant summons and complaint
request of admission
asking to admit facts so they wont have to be proven in court
Steps in trial
opening statements plaintiff's case defendant's case closing arguments jury deliberation
motion in limine
gag order to keep press out of court, if there is a child involved keepout someone while witness testifies
closing arguments
step in trail when attourney argues case to jury
how long to file a response
30 days
advantages for filing state case in fed court
less case load, get through quicker
cross examination
attourneys examine other parties witnesses
majority opinion
rule opinion of appelet case
challanges for cause
unlimited, remove jurror with reason, cant be unibased
complaint
pleading that sets forth allagations upon which relief should be granted
challenges for cause
unlimited time you can dismiss jurror
original jurisidtcion
court hears case for 1st time type of subject matter jursidiction
JC form
fill in form used in filing complaint
request for expert evaluations
having your experts evaluate them
Summons
formal notice that the lawsuit has begun and you are being sued
defendant do after being served
file cross complaint - sue them back
depositions
oral examination of someone
jurisidiction
courts power to hear a case
Section 3
(2 cards)