Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
71 Cards in this Set
- Front
- Back
The law vs. A law
|
The law is very broad A law has to be enacted by legislation |
|
Classifications of the law
|
Civil law- spells out the rights and duties that exist between people and their governments, as well as the relief available when a person's rights are violated Criminal law- wrongs against the public as a whole. Violation of law jail & fine |
|
Classification of the law cont.
|
Substantive law- define what rights & duties we have procedural laws. Procedural law- Enforce rights and responsibilities of substantive law |
|
Four primary sources of law
|
Constitutional- US and state Statutory law- Federal laws, state laws, local ordinances Administrative law- regulations of administrative agencies(federal, state, and local) IRS, DEA. created and given authority by congress Case Law- Judicial decisions, largest amount |
|
Doctrine of Stare Decisis
|
Precedent used as guidance, for consistency, time, and efficiency.
|
|
Case of first impression
|
There is no precedent
|
|
Jurisdiction
|
Authority court has to decide certain matters
|
|
Types of Jurisdiction
|
Original Appellate In personam Diversity Cyberspace |
|
Original Juris
|
Lower trial courts |
|
Appellate Juris
|
Review transcript of lower trial |
|
In personam
|
courts have jurisdiction over people and business' with border disputes
|
|
Diversity
|
occurs when there are people from two different states and dollar amount must exceed 75,000$
|
|
Cyberlaw
|
The courts have created a sliding scale standard to use in determining when jurisdiction over a website owner or operator in another state is proper
|
|
Court system terms
|
Venue Standing Contempt |
|
Venue
|
Most appropriate location for a trial
|
|
Standing
|
Sufficient outcome to persue a case
|
|
Contempt
|
Violate a court order
|
|
Purge
|
Do what you need to do and get out of jail
|
|
State court system
|
Trial court- if under 5,000 can go to small claims PA superior court- focus on question of law PA supreme court- final decision if made |
|
Federal Court system
|
US district court- at least one per state US court of appeals-13 in the nation US supreme court- one with 9 justices |
|
Writ of certiorari
|
Rule of 4, 4 justices want to hear a case, so they can
|
|
Alternative dispute resolution
|
Another way to solve a dispute before a trial |
|
ADR advantages
|
Flexibility, privacy, speed, cheaper, not as emotionally draining, helps avoid destroying relationship
|
|
Negotiation
|
Process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them Highly advised by lawyers |
|
Mediation
|
A neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution Less adversarial Mediator tries to bring them together |
|
Arbitration
|
More formal Method in which an arbitrator hears a dispute and imposes a resolution on the parites Usually legally binding |
|
mini-trial
|
Each party's attorney briefly argues the party's case before the other party and a panel of representatives from each side who have the authority to settle the dispute. Usually an expert acts as an adviser |
|
Summary jury trials
|
Federal court holds, in which the parties present their arguments and evidence and the jury renders a verdict. Not binding, but acts as a guide to an agreement |
|
Conciliation
|
The act of adjusting or settling disputes in a friendly manner through out of court means. Conciliation means bringing two opposing sides together to reach a compromise in an attempt to avoid taking a case to trial.
|
|
Selecting an attorney
|
Usually from a friend or family recommendatin
|
|
Attorney fee arangements
|
Hourly rate Fixed rate Contingency fee, 33 % of award |
|
Pleadings
|
The complaint and answer, taken together. Each side's story
|
|
Complaint
|
Filed by Plantiff Contains a statement showing the court has subject matter and personal jurisdiction, the facts establish basis for relief, and the remedy sought. |
|
Reply to complaint
|
Defendant says admits, denies, or neither and demand proof in a trial
|
|
Counterclaim
|
Claim set forth by defendant , which plaintiff has to answer
|
|
Pretrial motions
|
Submitted to court by attorney on behalf of client Include the motion to dismiss, the motion for judgment on the pleadings, and the motion for summary judgment
|
|
Motion to dismiss
|
Party asks for court to dismiss case based on reasons stated in the motion If granted, plaintiff has time to amend complaint |
|
Motion for judgment on the pleadings
|
Asks the court to decide the issue solely on the pleadings without proceeding to trial Granted when there is no dispute over facts of case and the sole issue is the question of the law |
|
Motion for summary judgment
|
Asks the court to grant a judgment in that party's favor without a trial. Question is how law applies to facts Can consider evidence outside the pleadings, such as sworn statements and other materials that would be admissible as evidence at trial |
|
Discovery
|
The process of obtaining information from the opposing party or from witnesses prior to trial. Gaining access to witnesses, documents, records, and other types of evidence |
|
Deposition
|
Sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official Answer questions from both attorneys |
|
Interrogatories
|
Written questions for which written answers are prepared and then signed under oath. Directed to a party to the lawsuit, not a witness 13 days to answer |
|
Request for documents, objects
|
A party can gain access to items not in their possession |
|
Request for examinations
|
Physical or mental condition of one party is in question, the opposing party can ask the court to order a physical or mental examination by an independent examiner
|
|
Pretrial confrence
|
An informal discussion between the judge and the opposing attorneys after discovery has taken place. Explores the possibility of a settlement before trial Establishes ground rules |
|
Bench trial
|
No jury, judge hears and makes decision
|
|
Jury trial
|
Held in front of a normal jury
|
|
Trial
|
Introduction to case Jury selection |
|
Voir dire
|
Jury selection, questions asked by lawyers to determine if there are any biases or connections to the case.
|
|
Challenge
|
Order given by judge to dismiss a jurer
|
|
Opening statements
|
Made by both attorneys, setting forth the facts that they expect to prove during the trial. Their own version of the story
|
|
Plaintiff case
|
Direct examination Cross examination Redirect examination Recross examination |
|
Direct examination
|
Made by Plantiff to witnesses, first round |
|
Cross examination
|
Defendants lawyer is given chance to ask same witness questions that relate to topics covered |
|
Redirect examination
|
Made by plaintiff, responds to defendants questions, less topics
|
|
Recross examination
|
Last questioning done by defendant, afterwards everyone "rests"
|
|
Motion for directed verdict
|
Made at conclusion of plaintiff's case by defendant asking judge to direct a verdict because there is no evidence to support their claim
|
|
Defendants case
|
Same as plaintiff case
|
|
Rebuttal
|
Additional evidence offered by plaintiff that refutes defendant's case
|
|
Rejoinder
|
Refute from defendant about evidence introduced in rebuttal
|
|
Rules of evidence
|
Series of rules created by courts to ensure any evidence presented in trial is fair and reliable
|
|
Relevance
|
Tends to prove or disprove a fact in question or to establish the degree of probability of a fact
|
|
Hearsay
|
Testimony someone gives in court about a statement made by someone else who has not under oath at the time
|
|
Closing arguments
|
Made after each side rests their case, each attorney summarizes the facts and evidence and why it supports their client. Shortcomings of opposition |
|
Verdict
|
Specifies the jury's factual findings, decides amount on the reward. Jurors then dismissed |
|
Charge to the jury
|
Jury instructions given by judge
|
|
Jury deliberation
|
When jury reaches a verdict
|
|
Standard of proof
|
Balance of probabilities
|
|
Appeal procedure
|
Submit a brief, which will be reviewed by court
|
|
Differences between criminal and civil trial
|
Need only 6 jury members in civil case need majority rather then unanimous Based on probability, not beyond reasonable doubt |
|
Appellate review
|
Review records for errors of law Attorneys present oral argument, court then issues a written opinion Court can: confirm decision reverse decision remand(send back) decision in part- send back part of decision Modify- change the opinion of lower court such as reducing reward |