Law 1

Front 1

Jury will determine the facts, judge will apply the law to the facts

Back 1

Trial Court

Front 2

no jury just judge

Back 2

Bench Trial

Front 3

official record of what happened at court

Back 3

Transcript

Front 4

No judge, multiple justices

Back 4

Appellate Court

Front 5

Attorneys get to speak with justices with equal amount of time

Back 5

Oral Argument

Front 6

Agreeing with judge below

Back 6

Affirm

Front 7

Overturning judge below decision

Back 7

Reverse

Front 8

Found an error of law but it was so important that they sent back down for a new trial at trial court level

Back 8

Reverse and Remand

Front 9

Justice voted with winning side

Back 9

Majority

Front 10

Justice voted with losing side

Back 10

Dissenting

Front 11

Justice with majority but used a different analysis of the law to get to that decision

Back 11

Concurring

Front 12

Action, Facts, Issues, Ruling, Reasoning

Back 12

Briefing a case

Front 13

a scheme of rules laid down by the state and backed up by enforcement

Back 13

Law

Front 14

two levels of government acting simultaneously (Federal & State/Local)

Back 14

Vertical Separation of Power

Front 15

Executive, Legislative, Judicial branches

Back 15

Horizontal Power

Front 16

Power to review the other two branches to make sure its constitutional

Back 16

Power of Judicial Review

Front 17

laws passed by legislative

Back 17

statutes

Front 18

prior cases of that topic are legally binding on future decisions on cases on that topic

Back 18

Precedent

Front 19

Creates consistency, Stability, Predictability, Fairness, Efficiency

Back 19

Advantages of following precedent

Front 20

agreements with foreign countries

Back 20

Treaties

Front 21

after the procedures are done, goes to the guts of the controversy

Back 21

Substantive Laws

Front 22

affect all of society (ignorance of the law)

traffic laws, criminal law, constitutional law

Back 22

Public Law

Front 23

affects only a few members of society (torte law, personal injury, property law)

Back 23

Private Law

Front 24

in addition to compensatory torte cases

Back 24

Punitive Damages

Front 25

can't prove how it damaged you

Back 25

Nominal Damages

Front 26

don't have to prove damages because you knew about this prior to breaching the contract.

Back 26

Liquidated Damages

Front 27

public taking of private property for a public purpose

Back 27

Eminent Domain

Front 28

commit knowingly and willingly (shooting someone)

Back 28

Intentional Torte

Front 29

Made a mistake/accident (rear ending someone)

Back 29

Negligence Liability

Front 30

ultra hazardous or inherently dangerous activity, doesn't matter if you meant to do something or not (working with explosives)

Back 30

Strict Liability

Front 31

agreement between two entities

Back 31

Contracts

Front 32

Land and anything permanently attached there too (pools, landscaping, sidewalks)

Back 32

Real Property

Front 33

everything that is not real property- tangible & intangible

Back 33

Personal Property

Front 34

nonviolent crime but financial distraction. (not heavily prosecuted due to limited man power

Back 34

White Collar Crime

Front 35

put in jail for a year or more

Back 35

Felonies

Front 36

Less than one year in jail

Back 36

Misdemeanors

Front 37

Traffic violations, parking tickets, speeding, etc

Back 37

Petty Crimes

Front 38

determine the facts

Back 38

Juries

Front 39

Criminal case, meet with prosecutor after defendant was arrested.

Back 39

Grand Jury

Front 40

Civil case, randomly selected to determine liability

Back 40

Petit Jury

Front 41

constitution should be followed in its original intent

Back 41

Judicial Restraint

Front 42

Constitution should be interpreted in time in which we live in

Back 42

Judicial Activism

Front 43

a person cannot be held personally liable for mistake they made

Back 43

Immunity

Front 44

Judges, justices, and prosecutors cannot be held personally liable even if those actions were unconstitutional

Back 44

Absolute Immunity

Front 45

everyone else that cannot be held personally liable unless they were unconstitutional

Back 45

Limited/Qualified Immunity

Front 46

how judges carry out intent (technical words/meanings)

Back 46

Rules of Construction

Front 47

how much time you have from when the case happens to when you file.

Back 47

Statute of Limitations

Front 48

the power of a court to hear a case; need to file in the right court

Back 48

Jurisdiction

Front 49

to get US Supreme Court consideration (higher/lower court approval)

Back 49

Motion for Writ of Certiorari

Front 50

personal stake in the outcome of the case

Back 50

Standing to Sue

Front 51

the location of the case

Back 51

Venue

Front 52

Pleading, Discovery, Trial, Post-Trial

Back 52

Stages of litigation

Front 53

plantiff files a complaint

Back 53

Pleading Stage

Front 54

complaints that aren't always true

Back 54

Allegations

Front 55

end of complaint that explains which remedy is used

Back 55

Pray for Relief

Front 56

anyone with any claims- joins in the trial

Back 56

Joinder Rules

Front 57

to accelerate the process of a trial

Back 57

Motion

Front 58

sets up opportunity to discover other sides of the case- no surprises.

Back 58

Discovery Stage

Front 59

under oath answer questions face to face (can use this to preserve testimony

Back 59

Deposition

Front 60

Under oath answer questions in writing (can use this to impeach witness)

Back 60

Interrogatory

Front 61

ask other side to agree to certain facts so you don't have to prove them at court- shortens trial

Back 61

Request for Admissions

Front 62

group of potential jurors

Back 62

Venire

Front 63

questioning all potential jurors under oath-unbias

Back 63

Voir Dire Examination

Front 64

don't have a reason, but gets rid of a potential juror

Back 64

Peremptory

Front 65

once the case is done its done

Back 65

Doctrine of Res Judicata