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39 Cards in this Set
- Front
- Back
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Alternative dispute Resolution
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Any other formal or informal process used to settle a dispute without resorting to trial.
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Discovery
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Allow the two sides in a dispute to obtain documentary and other evidence from the opponent before trial.
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Class Action
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A suit in which one injured party represents a large group of people who have suffered similar harm.
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Trial Courts
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Determine the facts of a particular dispute and apply to those faces the law given by earlier appellate court decisions.
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Jurisdiction
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Refers to a court's power to hear a case.
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Appellate Courts
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Hear appeals of tried cases. Appeals Courts accept the facts given to them by the trial courts and review each case for errors. Will accept factual findings unless there is no evidence to support it.
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Appellant
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The party filing the appeal.
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Appellee
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The party oppposing the appeal
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Briefs
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Written arguments
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Diversity jurisdiction
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When the plaintiff and defendant are citizens of different states and the amount in dispute is over $75,000.
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Pleadings
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The documents that begin a lawsuit. It consists of the complaint, the answer and the reply.
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Writ of certiorari
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A petition asking the Supreme Court to hear a case.
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Complaint
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A short, plain statement of the facts alleged and legal claims made. The purpose is to inform the defendant of the general nature of the claims against him.
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Service
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A summons ordering the defendant to answer the complaint.
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Answer
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The answer tells the court and the plaintiff exactly what the issues are in the dispute.
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A motion
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A formal request to the court that the court take some step or issue an order.
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Protective order
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This is a request that the court uses to limit discovery options.
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In Camera Inspection
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To view the discovery documents alone to decide whether the other side is entitled to look at them.
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Summary Judgement
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A ruling by the court that no trial is necessary because there are no essential facts in dispute.
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Voir Dire
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The process of selecting a jury.
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Preponderance of the evidence
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At least slightly more likely to have occurred. This is the plaintiff's burden in a civil suit.
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Directed Verdict
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A ruling that the plaintiff has entirely failed to prove some aspect of his case.
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Common Law
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The accumulation of precedents. The principle that precedent is binding on later cases is stare decisis. Let the decision stand.
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Substantive Law
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State the rights of the parties.
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Procedural Law
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Tell the court how to proceed with settling a dispute.
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Stare Decisis
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Let the decision stand. This make the law predictable and enables businesses and people to plan intelligently.
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Statutes
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Laws passed by the legislatures.
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Administrative law
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Laws passed by government agencies like the FCC, SEC.
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Executive Order
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Laws issued by the executive branch of government.
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Public Law
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Refers to the rights and obligations of the government towards its citizens.
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Common Law
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Established by precedent
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Equity Courts
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May issue rulings such as injunctions to provide "fair" remedy where there might not otherwise be one
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Administrative Law
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May or may not be created by statute but always governed by administrative agencies.
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Sources of Law
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US Constitution, Common Law, Equity Courts, Adminstrative law, Federal and state legislatures, statutes treaties, executive orders.
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Substantive Law
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Defines the rights of people
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Procedural Law
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Process for the settle of disputes
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Public Law
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Sets the duties of government to its citizens
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Private Law
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Regulates duties between individuals
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Ethics
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The study of how people should conduct themselves
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