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75 Cards in this Set
- Front
- Back
How to establish a case
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establish facts
what is the issue the discussion the decision |
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Trial Courts
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The most basic or first level of this court system
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plaintiff
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party bringing the case
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Appellate Courts
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Once a judgement has been made, the case may be appealed to the next level in the court system. Three or more judges review evidence introduced to trial court, listen to and read the legal argument or the parties, then make their decisions. Generally released to the public
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Appellate Decisions
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Integrate the sterile rules with the activity of everyday life and this rich with meaning
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jurispondence
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the philosophy of the law
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Naturalist
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Locke
Declaration of Independence People know the difference between right and wrong, you should follow your conscious, even if there are negative consequences Man is inately good Dont need many laws |
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Positivist
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Hobbes
Constitution man is eveil need many laws to stop evil people You have to follow society and government laws, even if you disagree |
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Institutionalist
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Like a positivist, but you follow any institutions laws like the NCAA
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Legal Realism
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American philosphy, observe people and have laws reflect that behavior
(UNIFORM COMMERCIAL CODE) |
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Historical School
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German Philosophy, different locations have different rules with historical reasons why they are in place. Law is found by scholars not made by the sovereign
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Marxist School
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Wealthy people write the law and control
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Feminist School
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Men write the laws to suite them and not women, exploration of the women ?>
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Critical Legal Studies
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Law is to protect property
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Historical
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German, overtime people develop rules for their area, these are the ones that apply
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Values
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Broadest term denotes anything one person or group has a preference or aversion to, need not have a moral component, if you like the color blue you have a value for it
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Morality
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Human behavior that people find good and just
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Ethics
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The study of morals and morality, you would refer to an ethical theory that helps define one's morality
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Utiliterian
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Cost/benefit analysis on all situations, does end justify means
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Deontologic
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Emmanuel Kant- Its wrong to lie, duty base, do to others as you want others to do unto you, do your duty regardless of cost/benefit
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Process for moral reasoning
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Perception
Reasoning Coordination Implementation |
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Duty to Rescue
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Legally you must help someone if you can, there is a dutch and vermont law that says you must save someone if you feasibly can
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Civil Law
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Legislature has power
85% of world |
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Common Law
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Judges have power
*precedence |
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Legislative
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Creates Rules
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Executive
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Implements and enforces rules
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Judiciary
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adjudicates, decides whether a breach has occured
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Stare Decisis
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Notion of Precedent
Most important with property, least with courts High degree-predictable, stable legal system law becomes inflexible, judges dont look forawrd used in property and contract law |
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Magna Carta
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Even the king is subject to the law
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Law Court
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In England, 1400-1850, you want financial retribution
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Equity Court
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If you dont want money, and you cant get into the law court
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Criminal Law
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States are plaintiff
you have to show beyond reasonable doubt (95%) Loose money and Life Jail for over a year |
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Civil Law
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Between private individuals
Have to be 51% guilty only lose money and possessions jail for less than a year |
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Plea Bargain
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Bargain between state and defendant so dont have to go to trial. Tax payers dont want to pay more money, this eliminates their expense, it is a reduction in penalty for admitting youre guilty, associated with criminal law. There are not enough district attorneys for how many criminal cases there are
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Federal Court
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District
Appellate Supreme |
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Supreme Court
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Need writ or certiory, ask judges to hear your case base on their discression,
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Surrogate Courts
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Wills and Trusts
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Tax Court
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Must prove IRS wrong
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Small Claims Court
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hear cases on issues under a certain dollar amount, no lawyer
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Diversity
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Can have cases moved from state to federal, different laws in different states, value of case is greater than 75,000
Deleware is most common principle place of business |
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Federal Court
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Between two states
Constitution Issues |
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Alternative Dispute Resolution
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No time delays, you get to pick the arbitrator, you keep the results private
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Final offer arbitration
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One side is chosen, no middle ground, often used in sports
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Mediation
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Mediator tries to persuade parties to reach a solution, but cant make them or decided for them, diffcult to do
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Summary Jury Trial
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Retired Judge hears a short case, 1/2 arguements
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Juries
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dont know law, generally correct, made up of rejects
many jury cases are settled halfway through without the juries help and are lasting longer and longer |
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Attractive Nuisance
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If you know your stuff is cool to play with and dangerous, you must take precautions to make sure no one gets hurt
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Pleadings
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To start lawsuit, must file pleadings in required amount of time.
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Summons
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Notice to Defendant they are being sued
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Complaint
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Gives more detail including why and what for
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Discovery
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Between pleadings and trial, all info is shared to everyone
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Deposition
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Sworn statement of facts, taken down by stenographer, generally can ask any questions. Lawyers prepare their client before being questioned
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Interrogatories
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Written list of questions sent to other side, have a lot of time to answer, used for unimportant or old and dying people, used for people that live far away
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Subpoena
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used to acquire written info from someone, personal files
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Priveledge
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certain communications cant be repeated without permission
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Pre-Trial conference
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judge gets case one month in advance and calls lawyers to try and settle it
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Voir Dire
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Process of selecting a jury, the lawyers get info on available jurors, get to question them
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Challenge for cause
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there is a legitimate reason the juror wont be impartial
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Preemptory challenge
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no good reasons but you dont want them on the jury, limited amount, only get as many as there are jurors
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Motion
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A request
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Hearsay
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Ules dictate what info you can bring in and what you cant, the info has to come from the primary party
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Dead Mans exception
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If you got your info from a dying man, you can use it in court
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Instructions to jury
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judge tells jury what the laws are and jury decides base on the instructions
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Verdict
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Take juror verdict downtown to put in book and make it a judgement
30 days after judgement to pay tax free on all $ |
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Attachment
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30 days pass you can have state take defendants possessions
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Garnishment
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Tell the persons employer to send you their checks so you get money
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Judgement Proof
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Person has no property or a job to pay, judgement will stay on book for a few years, you can renew it in case the defendent comes up with the money years later
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Contingent fee
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lawyer gets 1/3 of judgement instead of upfront fee, only plaintiff on tort can use it, US is the only country that allows it
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American Rule
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If you lose, you dont ow lawyers on other side or anyone anything:Encourage Litigation
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English Rule
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Have to pay both lawyers if yo lose
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Class Action Lawsuit
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A bunch of people consolidate cases into 1 case to fight it together
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Articles
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powers of branches of government
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1st Amendment
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Congress, legislative branch
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2nd Amendment
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President, executive branch
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3rd
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Judiciary Branch
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