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34 Cards in this Set
- Front
- Back
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starey decisis
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lower courts in the futuer follow appellate court ruling due to the similarity in the case
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Facts in legal system
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Events causing the lawsuit
Parties |
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Critical Analysis Steps and expand
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Issue - point in contention
Rule - laws to follow Analysis - courts application of laws to issue Conclusion - resolution of issue |
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Appellate rulings
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Affirmed, Reversed, Remanded
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Issues (narrow, broad)
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Whether and if there is a question
narrow - lots of words, applies to few broad - less words, applies to everyone |
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Courts in Fed Court System
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US District Courts, US Court of Appeals, US Supreme Court
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US District Court
- how many are there - topics in limited jurisdiction |
- 96
- bankruptcy, patent, claims against US |
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US Court of Appeals
- how many - Michigan is in which |
- 13
- the 6th (Cincinnati) |
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US Supreme Court
- how many justices - cases other than appeals - if 4/9 vote to take the case it is called granting... |
- 8 associate, 1 chief
- state vs. state, foreign ambassadors - a certiorari 'cert' |
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State of Michigan Courts
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District Courts, Circuit courts, Probate Courts, Michigan Ct of Appeals, Michigan Supreme Court
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MI District Court
- amt in controversey allowance - criminal trial? |
- CIVIL trial w/ amount <25,000
- Misdemeanor criminal trials |
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MI Circuit Court
- michigan has how many - amt in controversey allowance - types of cases |
- 57
- >25,000 - divorce, custody, adoption, felony, district court appeals |
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MI Probate Court
- what they handle |
- trusts, wills, juvenile issues
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MI Court of Appeals
- two cases |
- appeals of Circuit Court trials, Circuit Court appellate rulings
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MI Supreme Court
- how many justices and how long they stay |
- 7 and 8 years unless elected again
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Exclusive Federal Jurisdiction
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Bankruptcy, Copyright, Patent, Trademark, Fed crimes, Admirality, Crimes against gov
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Exclusive State Jurisdiction
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State crime, divorce, wills, trusts, adoptions
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Concurrent Jurisdiction
- if it is one of these federal questions - if it meets certain requirements |
- interpretation of constitution, federal statute, federal treaty
- amt in contro >75,000, complete diversity of citizenship, not exclusive state jurisdiction |
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In personam jurisdiction
- what does it mean - served outside of state if def does 1 of 4 things in state...based upon what statute? |
- once person is served court has jurisdiction over them
- business, commits tort, contracts to buy goods, owns property subject to lawsuit —>long-arm statute |
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In rem jurisdiction
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- court has power to decide claims to property located in its jurisdiction
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Venue of court case filing
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- Location of event causing lawsuit
- Location of land subject to suit - Location of defendant - Location of plantiff (only in some states) |
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Attorney-client privilege
- 4 rules |
- comm must be related to representation or legal advice
- employees of law office limited - priv survives court order - only client waives by publicly disclosing info |
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A-C Priv exceptions
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- Client says he plans to commit crime
- Attorney sues client - Client sues attorney |
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Relationships with state privelege ONLY
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Accountant-client
Doctor-patient Husband-wife Clergy-penitent |
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CSSDAMTA
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Complaint, Summons, Service of Process, Answer, Discover, Motion, Trial, Appeal
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Complaint
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Formal written allegation against defendant; demands for remedy
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Summons
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Notifies defendant of complaint; must submit an answer
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Service of Process
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Defendant is presented with Summons
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Answer
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Response to the complaint; either admits/denies/lacks knowledge
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Discovery
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Gathering information to prepare for trial
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Motion
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Ask court to make some order against the other party
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Trial
- under oath = - process |
- voir dire
- opening statement, direct ex, cross ex, closing statement, verdict |
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Appeals
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- No witnesses or new evidence and then justices release written opinion... either affirmed, reversed, or remanded
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Standards of Proof (what lawyers do to prove)
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- Beyond a Reasonable Doubt, Clear and Convincing proof, preponderance of evidence
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