Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
40 Cards in this Set
- Front
- Back
|
Plaintiff
|
someone who filed case to sue
|
|
|
prosecutor
|
working for state, fighting against defendent
|
|
|
Defendent
|
someone who is being sued
|
|
|
party/non-party
|
party - plaintiff or defendant
non-party - everyone else |
|
|
appellant
|
person that lost the trial and want an appeal
|
|
|
Appellee
|
person defending an appeal
|
|
|
Criminal or civil
|
civil action usually done for money
criminal action usually physical |
|
|
tort
|
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)
|
|
|
Certiorari
|
appeal to get to 2nd appellate court (Supreme Court). Takes 4 of 9 supreme court judges to agree.
|
|
|
Superior
|
Exclusive Jurisdiction
1. felonies 2. "Equity Cases" 3. Divorce - " family Court" 4. title to land |
|
|
EQUITY CASES
-Declaratory Action |
ask judge to interpret terms of a contract
|
|
|
EQUITY CASES
-Specific performance |
ask judge to make someone do something; bind to contract..
|
|
|
equity cases
-injunction |
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. |
|
|
Jurisdiction
|
Pepsi Case - Jurisdiction got pulled into NY because of its stated on the contract.
|
|
|
Jurisdiction
-exclusive |
only place you can file something
|
|
|
Jurisdiction
-concurrent |
can file case in either court, ex. matters over 15k, state or superior
|
|
|
Jurisdiction
-original |
1st place you file
|
|
|
Jurisdiction
removal |
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 |
|
|
venue
|
Forum non conviens - for the convenience of the court and the suing party.
|
|
|
due process
-substantive |
void for vagueness/overbroad-example: loitering.
+focus on content, or substance of legislation |
|
|
Due process
-procedural |
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. |
|
|
Burdens
|
1. Beyond reasonable doubt
2. clear and convincing evidence 3. preponderance of the evidence |
|
|
Opinions
|
Majority - needs 5 of 9 judges. contains law
concurring - voted with maj. but with different reasons dissent (minority) - writes dissenting opinion. |
|
|
Deposition
|
made under oath - good for impeachment at trial
|
