Chapter 1 Sections 6-10

Front 1

Bar Exam

Back 1

each state has it's own licensing agreement, pass/fail, any exam, entry into law school

Front 2

Licensing Reciprocity

Back 2

if youve been practicing for awhile and have similar qualifications, you may transfer license for a fee, must still pass their bar exam again in ny and cali

Front 3

Officers of the Court

Back 3

an advocate for your client

Front 4

Definition and rationale

Back 4

you can never be sued for what your client has told you

Front 5

Privileged communication settings

doctor/patient

Back 5

duty to report abuse or gunshot wounds

Front 6

Privileged communication settings
clergy/parishioner

Back 6

must advise congregations, anything you tell them is in confidence

Front 7

Privileged communication settings

attorney/client

Back 7

friends arnt covered, office workers are extention

if fired still cant reveal what was said

Front 8

contingent fee

Back 8

attorney agrees to take your case and represent you for free, but then take percentage if they win

Front 9

6th amendment

Back 9

gives right to jury in criminal case

Front 10

7th amendment

Back 10

gives right to jury in civil case

Front 11

Judicial restraint

Back 11

constitution should be interpreted by the time it was written

Front 12

Judicial activist

Back 12

constitution should be interpreted to the times in which we live, also called constitution relativity

Front 13

Absolute immunity

Back 13

judges, prosecutors, justices cant be held personally liable as a judge through their decisions

- can sue the state not the judge

Front 14

limited or qualified immunity

Back 14

cannot be held personally liable for your professional actions unless those actions are unconstitutional ex) administrative workers

Front 15

statue of limitations

Back 15

defines how long you have to file the lawsuit, for lesser crimes

- breach of contract 8 years to file lawsuit

- trespassing: 21 years

Front 16

Jurisdiction

Back 16

power of a court to hear a case

3 different types:
1) subject matter

2) inpersonam

3) in rem

Front 17

Subject matter jurisdiction

Back 17

only have power to hear certain cases, divorce

class action suit: a bunch of people sue together to reduce costs

Front 18

Inpersonam Jurisdiction

Back 18

court has to have jurisdiction over all parties

long distance lawsuit (long arm statues)

- traveling: can go after you
- non resident with minimal contact: cant

Front 19

in rem jurisdiction

Back 19

court needs jurisdiction over property distributed

Front 20

standing to sue

Back 20

have to be personally involved in the case to sue

Front 21

due process

Back 21

miranda rights read to you

Front 22

US supreme court

Back 22

an appellete court, 9 justices, need 5 to rule in favor

Front 23

motion for writ of certoiroti

Back 23

request for documents of previous trial
for when your at appellate level

Front 24

US circuit court of appeals

Back 24

first level of appeals, 11 across the nation

Front 25

Trial courts: US district court

Back 25

has primary jurisdiction
bankruptcy, tax, court of claims, subject matter jurisdiction
have ability to appeal up

Front 26

ADR alternative despute resolution process

Back 26

not a law suit, an agreement

done by contract

submit dispute for independent party to resolve

Front 27

ADR concillation

Back 27

looks to start dialouge by getting both parties together, moderates

Front 28

ADR mediation

Back 28

listens to both sides and then comes up with recommended solultion, solution is not legally binding

Front 29

ADR Arbitration

Back 29

ledally binding

3rd party helps decide what to do

sometimes use pannel of 3, need 2 out of 3