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94 Cards in this Set
- Front
- Back
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cause of action
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claim against you, right to sue
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plaintiff
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person suing
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defendant
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person being sued
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civil claim
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rights between 2 parties
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criminal claim
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outlawing behaviors
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complaint and summons
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file with court, lays out cause of action, very basic (get served)
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motion on pleadings
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ask judge not to even put effort into it
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discovery
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share info with both sides
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interrogatories
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questions from one to other
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deposition
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verbal questioning
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request for production
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ask for documents
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request for admission
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"will you admit to this contract?"
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motions
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summary judgement
-no genuine (material) question of fact -evidence |
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pre trial disclosures
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gather all evidence
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trial
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verdict/ ruling
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motion for judgement not withstanding the verdict
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judge overrule jury
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motion for new trial
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jury was wrong, trial not done right
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appeal
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request formal change to an official decision
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criminal process
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gov vs individual
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first appearance
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talk about bail/ bond
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preliminary hearing/ grand jury
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probably cause, determines if theres enough evidence to go to trial
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trials
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very rare
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voir dire
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picking jury
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direct examination
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your witnesses
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cross examination
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defense questions
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motion for directed verdict
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civil case
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motion for judgement of acquittal
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criminal
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remedies
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what plaintiff wants
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equity
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(civil mostly) injunction, order something to be stopped (no fence on your land)
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court systems
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state/ federal
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trial court
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where you start (district court)
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where do you go after trial court
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state appellate court
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state appellate court
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court of appeals, 3 judge panel
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state trial court jurisdiction
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limited to small claims
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municipal courts
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city regulation
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county court
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smaller misdemeanor crimes
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juvinile courts
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kids
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probate court
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wills/ estates
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general court
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anything mostly
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federal court jurisdiction
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limited to tax and bankruptcy
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writ of certiorari
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the public can try to get federal court to listen to their case
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apellate court
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discretionary, if they even hear your appeal. no new facts or evidence or witnesses, only looks at record of appeal to see if there is an error
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sources of american law
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constitution, legislature, executive, courts, treatises
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legislature source of american law
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statute, uniform laws, create administrative agencies
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executive source of american law
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administration: create regulations, executive orders
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courts source of american law
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common law, case law, precident, stare decisis
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precident
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how to solve case involving similar or identical facts
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stare decisis
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"to stand on decided cases"
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common law doctrine
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judges are obliged to follow the precidents established on prior decisions
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treatises
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agreement with foreign nations
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marbury v madison
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established judicial review. responsibility of courts to say what the law is. if 2 laws conflict the courts must decide on the operations of each.
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judiciary act of 1801
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adams appointed judges and created judicial review
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long arm stature
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minimum contacts aka divorce
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in rem
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"jurisdiction over the thing" aka property
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federal questions
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any case based on the constitution, a treaty, or a federal law
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venue
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where to have the case
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standing
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standing to sue: were you suffered harm?
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roles of attorney
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advisor, drafter, negotiator, advocate
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attorney client relationship
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attorney controls the mean of how to get end result
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attorney client privilege
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communication between is protected. privilege belongs to client, court may not order disclosure
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price fixing
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group of companies getting together to form one price on good
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mark p case
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neal killed 3 people. mark pretended to be public defender. real guy shows up and attorney reputation was broken
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state law claims
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diversity of citizenship. any controversy between citizens of different states and amount is >75k
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alternatives to litigation
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negotiation, mini trial, early neutral case evaluation, conciliation
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negotiation
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informal discussions between parties to resolve disputes, generally without attorneys
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mini trial
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private proceeding where each party argues its case before the other side and vice versa. a neutral 3rd party may advise or encourage settlement
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early neutral case evaluation
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a party presents its case to a neutral 3rd party, usually an expert in the area, who evaluates the strengths and weaknesses of the case
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mediation
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neutral 3rd party assists the parties to reach a mutually acceptable agreement
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advantages to mediation
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informal, quicker, less bitter, mediator is selected by parties, confidential
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disadvantages to mediation
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no one decides but the parties, no deadlines, could fail and be expensive, free discovery
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arbitration
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settling dispute by independent 3rd party who renders a decision, may or may not be legally binding
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advantages to arbitration
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more formal than mediation, less formal than litigation, there will always be decision, quick, sometimes cheaper than litigation
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disadvantages to arbitration
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unpredictable, may not know reasons for decision
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grounds for cancelling an arbitration award
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erroneous (no court would uphold), result of corruption, exhibited bias
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executive agencies
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cabinet and subagencies, president appoints and removes them
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independent regulatory
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offer is fixed term, removed for only just cause
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legislative rules
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just as binding as laws
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notice of proposed rulemaking
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say what rule is, why, where and when hearing will be held
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comment period of legislative rule making
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allow expression of views
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final rule (legislative rule making)
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binding as if legislation unless overturned by court
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adjudication
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resolution of disputes by an agency
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process of formal complaints
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complaint, answer, hearing, order, appeal, final agency order, appeal to court, court order
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commerce clause
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constitutional authority to regulate business
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commerce
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all business dealings that affect more than one state
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substantial effect rule
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does activity substantially effect interstate commerce?
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fundamental rights
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anything in bill of rights, privacy
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procedural due process
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any governmental action to take away basic rights must be accompanied by a process to ensure fairness
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substantive due process
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focuses on the content of a law. if law limits a fundamental right it is unconstitutional unless it furthers a compelling or overriding state interest
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equal protection
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14th amendment: treat one similarly as others
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equal protection tests
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strict scrutiny, intermediate scrutiny, rational basis
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strict scrutiny
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fundamental right. is classification necessary to promote a compelling state interest and be narrowly tailored to further that interest
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intermediate scrutiny
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gender or legitimacy. is the classification substantially related to important governmental objectives
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rational basis
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economic issues. is the classification related to any legitimate rational governmental interest
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central hudson test
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law or regulation limiting lawful and truthful commercial speech will be deemed constitutional if the law:
-seeks to implement a substantial governmental interest -directly advances that substantial governmental interest -goes no further than to accomplish that objective |
