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23 Cards in this Set
- Front
- Back
Substance |
Substantive law Rights and duties Substances = subdivide into topics |
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Process |
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. |
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Personal Jurisdiction |
Wherever you or the individual is located. |
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Federal Jurisdiction |
Federal Court System If someone has a federal question Diversity of citizenship AND issue of $75,000 + |
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In Rem Jurisdiction |
Suing an Asset like shipping crates. Have to request something of the asset i/e percentage or part ownership |
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Alternative Dispute resolution |
Offer & Settlement Negotiation Mediation Arbitration |
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Trial Courts |
Varies by your jurisdiction Looks at witnesses/evidence Small Claims, Civil Court, Criminal Court |
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Small Claims Court |
Usually service contracts Landlord/Tenant Usually $5,000 or less |
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Civil Court |
Above small claims value. If suing for larger dollar amounts. Copyright claims. |
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Criminal court |
For all crimes |
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Appellate Court & Supreme Court |
Appealing based on an error in the trial court |
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Parties To A Case |
Plaintiff V.S Defendant |
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Supreme Court Decision Makers |
Justice: Supreme Court Judge: Trial, Appeals Jury: Trial Only |
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Common Law |
Looking at past laws and coming to a better conclusion by analyzing past events |
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Statues & Regulations |
Laws created federal/state based Regulations = federally created by administrative agencies. |
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What can we request? |
Injunction: Stop Order Specific Performance: Contract that requires a specific skill set to fulfill the job Rescission: Asking the court to cancel the contract to start from scratch [usually only if there is fraud involved.] |
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Remedies |
Compensatory Damages: Consequential Damages: Punitive Damages: Nominal Damages |
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Compensatory Damages |
Compensation |
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Consequential Damages |
Consequences of accepting a deal |
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Punitive Damages |
meant to send a message and deter future behavior |
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Nominal Damages |
Suing for the principal. No tangible financial loss always awards less than $500 |
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Duty To Mitigate |
Requirement to pursue your case as soon as possible |
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Freebee Long Arm Statute!! - Will pull your from anywhere back into an area or prison. |
Freebee Long Arm Statute!! - Will pull your from anywhere back into an area or prison. |