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21 Cards in this Set
- Front
- Back
4 Sources of Law
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1. Constitution
2. Legislation 3. Case Law 4. Administrative Agency and Regulation |
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State Legislation is known as
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Statatory
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The reason for case law
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provides some predictablity (follow a precident)
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IRAC Method = I
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Issue - decide what it is
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IRAC Method = R
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Rule - find it and copy it verbatim
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IRAC Method = A
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Applicaiton - (toughest part), apply the law to your issue
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IRAC Method = C
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Conclusion - draw a conclusion
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Jurisdiction (define)
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latin for Let the law speak (Juris and Diction); Power of a court to hear a particular case
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Subject Matter Jurisdiction (State Court)
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The court's power to deal with the general subject matter involved in a case. Must have this and Personal Jurisdiction in order to try a case
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Personal Jurisdiction (State Court)
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For Plantiff: easy - they always have it;
For Defendent: easy - if they are from state; tricky - when out of state (have to look at the details). Must have this (or "in rem") and Subject Matter in order to try case. |
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In Rem Jurisdiction (State Court)
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Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants
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Long Arm Statute (State Court)
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All 3 must apply: (1) Are there sufficient minimum contacts (2)Are those contacts related to the subject of the litigation? (3) Is it fari to hail defendent into court in this state
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Diversity Jurisdiction (Federal Court)
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Suit is between people (or entities) of different states AND the amount in controversy is over $75,000 (controversy could be all things added up including physical and emotional damages)
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Federal Question Jurisdiciton (Federal Court)
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Cases arise under the federal Constitution or a federal law or treaty
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Grounds for Appeal (5)
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1. Procedural Problem that affected outcome
2. Lower court lacked jurisdiction or authority 3. Action was not justified by record evidence (arbitrary and capricious) 4. Agency or court made a mistake in interpreting law 5. Action violates Constitution |
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Writ of Certiorari
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Appealing to the Supreme Court (They then choose whether or not to hear you)
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What does a Court of Appeals do?
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Look at the facts of case and they (1) Remand (send back to trial) (2) Send up to Supreme Ct (3) Make a decision
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Civil vs. Cirimal Law (Differences 1 of 4)
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1. Civil Law plantiff and defendent 2 private parties while criminal law the State brings the action (or the United States in case of Federal)
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Civil vs. Cirimal Law (Differences 2 of 4)
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2. Burden of Proof are different (harder for Criminal)
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Civil vs. Cirimal Law (Differences 3 of 4)
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3. The stakes are different (Criminal, you lose your freedom and go to jail; Civil, you lose money)
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Civil vs. Cirimal Law (Differences 4 of 4)
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4. Goals of 2 systems are different (Criminal = to Punish; Civil = settle a dispute) and there is no concept of Guilt in Civil cases (A defendent loses a civil case they are Liable)
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