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67 Cards in this Set

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(CR&CV)

how cases are brought to court
CR - Commonwealth of PA v. John Doe

CV - Party A v. Party B
3 Levels of State Court System
(from lowest to highest)
Magistrate Court
Trial Court System
PA Superior & PA Supreme Court
Magistrate Court
local court for neighborhood, town, borough
Magistrate Court handles
low level criminal (speeding violation, underage, etc) and civil cases
Magistrate Court "teeth"
fines/community service.

*no jailtime
Trial Court System is for what type of cases?
CV CR
bench trial
both parties agree to no jury/ want case only to be heard by judge.
Appellate System allows
for loser to appeal court decision
writ of certiorari
request to the US Supreme Court to hear a particular case
The government can not appeal what type of decision
a "not guilty" conviction
Preliminary Hearing
criminal cases flow through the magistrate to decide if it can go on to Trail Court.
Structure of FEDERAL COURT

lowest to highest
US District Court
US Court of Appeals
US Supreme Court
How many Writ of Certiorari are granted out of the 10s of thousands that are sent in?
an incredibly small #
Circumstances what Writ of Certiorari is granted
- Issue of constitutionality
- 2 equal courts have offered 2 different opinions (same type of case; not the same case)
how many US District Courts are there?
13
US Supreme Court must accept Case (2)
If US court of appeals decides that a state statute is in violation of the US constitution or federal law

if state superior court found a federal statute invalid or held a state statute unconstitutional
jurisdiction
power of court to hear and decide a case
personal jurisdiction
court has authority over people involved
CR - in order for someone to be tried as defendant:

(subject: jurisdiction)
defendant has to commit crime in county where hearing is taking place
long arm statutes
law on books that gives court of one state jurisdiction of non-resident defendant if he has had some sort of minimal contact with the state
subject matter jurisdiction
Court has authority over subject of case
venue
Physical particular location where case should be heard
FEDERAL QUESTION JURISDICTION
– in order for case to be tried in federal court system it must involve a federal question, federal law or constitutionality that some how has been passed by federal government or US constitution
diversity jurisdiction
allows a person to file lawsuit against a defendant in a federal court rather than a state court when two people reside in two different states & the case involves $75,000+
why can a case be heard in fed case if not a fed matter?
allows even playing field for both parties. // so neither has an advantage over the other.
Standing
– require that one or more plaintiff in case show that they have actually suffered some direct effect or loss due to the defendant’s actions.
Three Elements Court will look at to detect if party has standing:
1: Alleged and ultimately proven injury (concrete)

2: Must be causation – connection between what the plaintiff says happened to them and action of defendant.

3: Redressability
Redressability:
– likelihood that what plaintiff is asking for to happen will actually help the plaintiff
Class Action Lawsuit
a few individuals file a lawsuit stating they are representing “all other similarly situated” individuals
Four Hallmarks of Class Action Lawsuit:
1: Number of people involved is very large

2: plaintiff must adequately present claims of large group

3: Common questions of law and fact among all parties

4: Plaintiff claim typically of rest of people in their class (same claims, damages, etc.)
federalism
certain powers granted to federal government while others are reserved to state government
Supremacy Clause
US constitution is final in the land and is superior to state law.
Based on Supremacy Clause,
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
if conflict between state law and constitution
state law is shut down
Preemption Document
when general government acts to regulate an area in which it has been given power, under constitution its laws and regulations preempt any state laws or acts that infringe directly or indirectly on federal power.
Preemption Document only applies in 2 situations
1. Where federal government acting in a substantive field as authorized by the constitution.

2. State law or action in question conflicts and infringes on federal power.
retainer
advance payment to secure relationship between attorney and client
settlement fee
fixed fee no more or less regardless
contingency fee
percentage of dollars obtained for client by attorney
why are there Attn-Client Privileges?
Because legal justice system works best when court, represented by attorney, can be open and free and show all relevance in case.
(Burden of Confidentiality)
Info from client can’t be shared with anyone else
when does Burden of Confidentiality not hold up?
when information is about future potential harm.
If the ATTN knows the client commited crime,
he CAN NOT allow his client to get on the stand and lie.
SUBORNING PERJURY
knowing and allowing client to lie under oath.
Conflict of interest
attorney can not represent client
why can a lawyer not represent multiple clients for the same case?
you are not able to keep the best interests of clients
federalism
certain powers granted to federal government while others are reserved to state government
Supremacy Clause
US constitution is final in the land and is superior to state law.
Based on Supremacy Clause,
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
if conflict between state law and constitution
state law is shut down
Preemption Document
when general government acts to regulate an area in which it has been given power, under constitution its laws and regulations preempt any state laws or acts that infringe directly or indirectly on federal power.
Preemption Document only applies in 2 situations
1. Where federal government acting in a substantive field as authorized by the constitution.

2. State law or action in question conflicts and infringes on federal power.
retainer
advance payment to secure relationship between attorney and client
settlement fee
fixed fee no more or less regardless
contingency fee
percentage of dollars obtained for client by attorney
why are there Attn-Client Privileges?
Because legal justice system works best when court, represented by attorney, can be open and free and show all relevance in case.
(Burden of Confidentiality)
Info from client can’t be shared with anyone else
when does Burden of Confidentiality not hold up?
when information is about future potential harm.
If the ATTN knows the client commited crime,
he CAN NOT allow his client to get on the stand and lie.
SUBORNING PERJURY
knowing and allowing client to lie under oath.
Conflict of interest
attorney can not represent client
why can a lawyer not represent multiple clients for the same case?
you are not able to keep the best interests of clients
Attorney Dispute Resolutions (ADR)are:
Alternatives to going to trial: ways for issues to be determined out of court to allow more cases to be heard more quickly
3 Parts of ADR
arbitration
mediation
mini-trials
ADR is
Attorney Dispute Resolutions
arbitration
Parties in disagreement retain neutral 3rd party to hear argument. He then makes a decision based on arguments he heard. LEGALLY BINDING.
mediation
Individual 3rd party attorney gathers to parties in disagreement together so they can reach a resolution.
mini-trial
Short trials // often used in corporate disagreements
how mini-trail works
short hearing where both sides are represented by their attorney and the top officials (CEO, MANAGERS, TOP EXECUTIVES) present for hearings // make arguments along with attorney and managers attempt to reach agreement. LEGALLY BINDING.