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12 Cards in this Set
- Front
- Back
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Arbitration
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No appeal, no jury, decision is final
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Mediation
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3rd party who tries to mediate dispute without trial.
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Structure of the Tennessee State Court Systems
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i. judges are elected
ii. Tennessee Supreme Court (5 judge panel; elected) (no appeal as a matter of right) |
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*Structure of the federal Court System*
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i. federal district court
Jurisdiction (federal law; US as a party; or diversity and $75,000) ii. Circuit Court of Appeals (ours is 6th Circuit out of 11) (3 judge panel; appointed) iii. U.S. Supreme Court (9 justices)5 |
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U.S. Supreme Court
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-appointed by the president (for life)
-request permission with a writ of certiorari |
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Current Chief Justice
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Thurgood Marshall
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First woman on the court
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Sandra Day O'connel
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Litigation
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a. Pleadings
b. discover c. Pretrial motions d. Trial |
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Pleading (litigation)
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i. Complaint and Summons (plaintiff)
ii. answer (defendant) (30 days from service; and renders the pleadings "jointed") |
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Discovery (litigation)
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i. interrogatories
ii. deposition iii. physical examination (physical /mental) iiii. Request for production of documents and things (tangibles) |
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Trial (litigation)
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i. voir dire (selecting jury)
ii. right to jury trial (unless bench trial) iii. burden of proof (criminal vs. civil) |
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What is Burden of Proof?
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Criminal: "beyond a reasonable doubt"
Civil: "preponderance of the evidence." |
