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40 Cards in this Set

  • Front
  • Back
someone who filed case to sue
working for state, fighting against defendent
someone who is being sued
party - plaintiff or defendant
non-party - everyone else
person that lost the trial and want an appeal
person defending an appeal
Criminal or civil
civil action usually done for money

criminal action usually physical
civil wrong - ex. assaulting someone
negligence elements
careless act causes "bad problems"
1. duty of defendent to plaintiff
2. defendent breached duty
3. proximately caused
4. most probably + Forseeable
5. damages
Palsgraf case
Story: lady gets hit on head when someone carrying fireworks was pulled onto a train. the fireworks fell and causes vibration which cause the object to fall. read. negligence elements
sources of law
1. cases
2. statutes
3. constitutions
4. admin. regulations
Preemption Doctrine
if state law conflicts w/ federal law, federal law rules
Joint & Several Liability
a plaintiff can pick and choose which defendant to collect + the defendants have to fight over the percentages over a lawsuit of contributions.
GA magistrate - Claims Court
up to $15,000
GA State/Superior Court
matters over 15,000 (concurrent Jurisdiction)
appeal to get to 2nd appellate court (Supreme Court). Takes 4 of 9 supreme court judges to agree.
Exclusive Jurisdiction
1. felonies
2. "Equity Cases"
3. Divorce - " family Court"
4. title to land
-Declaratory Action
ask judge to interpret terms of a contract
-Specific performance
ask judge to make someone do something; bind to contract..
equity cases
get judge to stop someone from doing something, bulldozing trees on my land
equity cases
-quantum meruit
6 months of cleaning service. value of services. value of a contract.
equity cases
-implied contract
fence painting. owner's silence signifies a contract.
federal Court
1. constitutional issue
2. federal statute
3. $75,000+ and diversity of citizenship
caselaw (common Law)
Law derived from a case.
Binding precedent
us. 2002.
1. same jurisdiction
2. higher court
3. same facts
4. same issues
Stare decisis
"let the decision stand"
persuasive precedent
Lee and Abernathy case.
In order to recover from emotional or psychological harm, must have physical injury that causes the harm.
Pepsi Case - Jurisdiction got pulled into NY because of its stated on the contract.
only place you can file something
can file case in either court, ex. matters over 15k, state or superior
1st place you file
right of plaintiff to move to different jurisdiction if they sense that current jurisdiction is biased on opinion.
long arm statute
right of plaintiff to drag defendant into own state
-contract, tort, minimum contracts
Forum non conviens - for the convenience of the court and the suing party.
due process
void for vagueness/overbroad-example: loitering.
+focus on content, or substance of legislation
Due process
requires that government decision to take life, liberty or property must be made equitably.
Punitive damages
how much do you recovered?
-punish defendent 4 bad conduct, intentional actions, or gross negligence.
1. intentional harm - whole thing
2. product harm user - 25% to suer, 75% to state.
3. everything else including gross negligence = 250k only/max.
1. Beyond reasonable doubt
2. clear and convincing evidence
3. preponderance of the evidence
Majority - needs 5 of 9 judges. contains law
concurring - voted with maj. but with different reasons
dissent (minority) - writes dissenting opinion.
made under oath - good for impeachment at trial