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31 Cards in this Set
- Front
- Back
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Purpose of Judicial Immunity (2)
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-Judges are not concerned with the relative power of parties who appear in court.
-To protect the system from undue influence on judicial decision-making. |
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Davis vs West
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Judicial Immunity
-Derived judicial immunity by a person is the same as absolute immunity for judges. Usually given to an officer of the court by the judge.Texas refers to this process as the functional approach. |
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Federal Court System is composed of
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-Federal District Court
-U.S. Court of Appeals -Specialized Federal Courts |
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Federal District Court
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-First place you go to
-Judge or Jury decides -Based solely on facts |
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U.S. Court of Appeals
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There is the RIGHT to appeal to this court.
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Specialized Federal Courts
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-Patent, trademark and copyright
-Federal Claims -International Trade -Tax |
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U.S Supreme Court
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-Appellate review court
-Deals with issues of the law -Review is through writ of certiorari |
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Writ of certiorari
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-Writ of review (document) only used by supreme courts. If not granted lower court decision is final.
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Pro Se
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Represent Yourself
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Diversity of Citizenship
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citizens of different states
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If the amount is more than $75000 what court?
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Federal
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What is jurisdiction
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Right of a court to hear and decide the case
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What court hears Wills and Trusts
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Probate Court
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What court hears Divorces, Child Custody
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Domestic Court
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What court hears municipal matter
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Municipal Court
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Less than $5000, What Court
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Small Claims Court
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Long Arm Statutes
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-aimed at non resident businesses
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Blimka v My Web Wholesalers LLC
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Long Arm doing business in the state
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In rem jurisdiction
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"the thing"
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If property is removed to another state, in rem?
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No in rem jurisdiction
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Concurrent Jurisdiction
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Where state and federal have jurisdiction over some matter
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If plaintiff files suit in defendant's home state court, defendant can or cannot move case to federal court.
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Cannot
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Erie RR Co. v Tompkins
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Diversity of Citizenship
-Federal common law does not apply in diversity of citizenship cases. |
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Williamson Pound Architects PC v Tunica County Mississppi
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"center of gravity" concept is applied. Violated public policy. Tennessee law violated Mississippi's public policy law
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change of venue
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well publicized cases defendants can move to different locations
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Doctrine of forum non conveniens
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where actions of case take place, where witnesses are located, unfair burdens to parties.
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Basic Trial Procedures
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1. Pleading Stage
2. Discovery State 3. Pretrial Stage 4. Trial Stage 5. Appellate Stage 6. Enforcement Stage |
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Voir Dire
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Selection of Jury
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w/cause
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pregnant
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challenge for cause
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predigest, same crime, know someone in courtroom
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preemptory challenge
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(2-3)
-molest case dont want women -cocaine sale dont want cop or old people |
