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