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30 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Appeal Brief |
Written arguments addressed to appellate court. |
Written argument |
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Appellate Court |
Court consisting of 3 or more judges "justices" Courts review decisions of prior courts for procedural correctness. |
Consist of _ judges, Reviews decisions of_____ for_____ |
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Motion |
Formal request made to court. |
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Trial Court |
Initial court that hears evidence & applies law to decided facts. |
Hears ______&applies ______ to decided facts |
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Plaintiff |
Person trying to get money or relief from Defendant |
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Defendant |
In a civil, Person who plaintiff is seeking money or relief from. In a criminal trial "The accused." |
In civil trial is______ In criminal trial is_____ |
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Jurisdiction |
Power of court to decide a controversy & to award apropriate relief. |
Power of court to decide ____ & award ______ |
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Concurrent Jurisdiction |
When more than one court, Both Federal & state have power to hear a case. |
When more than one court, both _____&_____ have power to _____ a case |
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Limited Jurisdiction |
Limits a court on what cases it can hear & decide. |
Limits court |
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General Jurisdiction |
A court that can hear & decide almost any cases, within political boundaries of which it is located. |
Within boundaries |
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Venue |
Proper place for a trial that has appropriate subject matter jurisdiction for either a civil or criminal case. |
Trail with appropriate subject matter |
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In personom jurisdiction |
The power of a court over a person |
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Verdict |
Jurys decision |
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Judgment |
Judges decision |
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Voir dire |
Deciding of jury members |
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Challenge for cause |
Juror cant be fair |
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Peremptory challenge |
No reason given, just remove canidate for jury |
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Burden of proof |
Duty to produce evidence as trial progresses. |
Civil - preponderance of evidence(prove more likely than not) -damages Criminal - beyond reasonable doubt Due to jail death prison etc.. |
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Jury instructions |
At end of trial |
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Process server |
(Sheriff) hands law suit, summons or legal documents to defendant |
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Answer |
Filed by DF to respond to complaint. |
Response |
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Pleadings |
Paper work filed via court |
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Demurrer or Motion to dismiss |
Filed by DF in response to summons & complaint alleging the complaint even if true is insufficient to state a cause of action |
Defendant filed in response to |
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Statue of limitations |
Time limit for bringing suit about |
Time limit |
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Indictment |
Come from grand jury 7-21 local & is used for capital crimes (can be put to death) |
Cant be charged with info from state attrny |
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Complaint |
Document stating the facts constituting a cause of action |
Document stating |
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Diversity of citizenship |
Basis of jurisdiction in fed court requiring that plaintiff & defendant be involved in acutal controversy. |
Different states, minimum of 75k damages sought |
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Long-arm statute |
State law authorizing a court to hear cases brought against nonresidents under certain circumstances. |
Nonresidents |
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In rem jurisdiction |
The power of s court to declare rights against the world rather than solely against the named defendants. |
World instd DF |
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Subject matter jurisdiction |
Power of court to hear & decide cases of general type to which the subject in question belongs. |
Determines type of case court can hear |
