Leb Test 1

Front 1

Sources of Law

Back 1

Primary- legally binding
Secondary- not legally binding

Front 2

Example of Primary Law

Back 2

Legislative Branch, and Executive Branch

Front 3

Example of Secondary law

Back 3

explanations that help explain primary law

Front 4

Classification of Laws

Back 4

Federal vs. State
Statutory vs. Common
Civil vs. Criminal

Front 5

Federal vs. State Law

Back 5

Fed can only govern whats in law
state can do whatever they want

Front 6

Statutory vs. Common Law

Back 6

Statutory (written law) - passes by legislative bodies, congress ordinances, treaties...ect.
Common (case made law) - judge made
-statutory can be overruled by court where common law is situational

Front 7

Civil vs. Criminal Law

Back 7

Civil - interpersonal, no government, plaintiff brings lawsuit/complaint
Criminal- offense against state

Front 8

Courts: Federal System

Back 8

SCOTUS <- appellate federal circuits <- trial courts: federal district courts (trial courts of general jurisdiction) - special/limited courts

Front 9

Courts: State System

Back 9

COLR <- appellate <-trial courts, general jurisdiction - special/limited courts

Front 10

Types of Questions

Back 10

Questions of Law
Questions of Fact

Front 11

Questions of Fact

Back 11

judge or jury can answer

Front 12

Questions of Law

Back 12

Can only be answered by a judge
ex. "right legal decisions giving facts"
"is evidence permissible"
" what to do with objects"
"jury this is what you need to do"

Front 13

Whats courts deal with what questions?

Back 13

High Court - law
Appellate Court - law
Trial courts - law and fact
-only appeal questions of law at high and appellate level

Front 14

What laws are overturned?

Back 14

Only material laws in nature

Front 15

Jurisdiction

Back 15

Power, authority of a court to enter a legally binding against a person

Front 16

SMJ

Back 16

(subject matter jurisdiction)
power of court over a case

Front 17

Two types of cases that can go to fed district courts?

Back 17

1. Federal question cases ( any claim of fed)
2. Diversity of citizenship

Front 18

Stipulations of Federal Questions?

Back 18

1. plaintiff must raise question, not delta
2. pendent/ ancillary jurisdiction
3. if multiple complaints and they come out of same fact pattern, and even if only one has a federal question
4. executive or concurrent

Front 19

Stipulations of Diversity of Citizenship?

Back 19

1. complete diversity : no plaintiff or defendant from same state
2. amount in controversy: minimum money amount of controversy (>75K)
-delta can not remove federal to state
-delta removal of case state to federal

Front 20

Types of cases that can go to state courts?

Back 20

Everything but 2 can be heard by the state
1. exclusive fed questions
2. specialty court questions (ex. domestic violence)

Front 21

Forum shopping

Back 21

want court/county that give out bigger penalty

Front 22

Forum state

Back 22

state where filed

Front 23

In personam

Back 23

SMJ + PJ
- seek damages from person or assault

Front 24

In REM

Back 24

SMJ + IR
- does not involve person
-decides property status, tangible or otherwise

Front 25

PJ

Back 25

(personal jurisdiction)
-power over person
-plaintiff consent to court power by submitting case

Front 26

3 ways to obtain personal jurisdiction over defendant

Back 26

1. appearance by defendant ( makes it a legal appearance)
2. Summons
3. Long-arm Statute

Front 27

Appearance by defendant:

Back 27

ex: Texas plaintiff vs. Cali defendant
-If he does anything to reply to court in Texas( any step to defend himself) he is giving consent to personal jurisdiction
-exception: special appearance: appearance by defendant is to have hearing ( challenge) of PJ

Front 28

Summons:

Back 28

-formal notice of law suit
-must be in forum state
-service of summons - only in forum state

Front 29

Long-arm statute:

Back 29

- reaching to get defendant
-did out of state have sustainable past ( previous ) contacts prior contact with forum state

Front 30

2 categories of substantial contact with forum state

Back 30

1. General personal Jurisdiction
2. specific personal Jurisdiction

Front 31

General Personal Jurisdiction

Back 31

- not good for defendant
- defendant contact with forum state are so substantial and long going, such that it is fair and with due process to make him to come here to forum state to answer for defendants actions

Front 32

Specific Personal Jurisdiction

Back 32

3 prong test:

1. purposeful direction (TORT)/ Availment (K/availment)
+
2. claim arises from defendant's forum related actions (#1)
+
3. fair and reasonable

Front 33

(#1) stipulations is 3 pong test

Back 33

1. defendant committed intentional act
2. expressly aimed and forum state &
3. causing harm defendant knew was likely to be suffered in forum states

Front 34

venue-

Back 34

proper place to hear a case
-every state has own statues passed that tell you what country districts

Front 35

3 counties appropriate for venue

Back 35

1. place where tort occurred
2. county where defendant lives
3. where real-estate is

Front 36

Forum non-convenience

Back 36

courts says another court with jurisdiction venue is better suit to hear case ( move it)

Front 37

conflict of laws

Back 37

-not about what county venue but a conflict of laws contradicts at court. (leads to choice of laws)
-if two or more suits from different states, states of forum make up mind on where suit is held

Front 38

look at notes for colK and colT for traditional and m.e. view and steps

Back 38

seriously do it

Front 39

what is sought after in court?

Back 39

remedy only, money honey, ($)legal remedy($)

- equitable remedy is no money but order you to start or stop (injunction) something

Front 40

injunctions vs specific performance

Back 40

stop torts, start to do
- in USA no separate courts of law and equity

Front 41

who hands out what in remedies

Back 41

juries can hand out money damages, jury cannot hand equitable remedies, only judges can

Front 42

First two stages of litigation (pre-trial)

Back 42

1st: pleading stages (back and forth with papers)
2nd: discovering stage (parties in bark in info gathering)

Front 43

Pleading:

Back 43

1. complaint (plaintiff)
a. plaintiff version of facts
b. plaintiff prayer for remedy
2. answer (defendant) (file an answer/response to suit) (or motion to dismiss)
a. admit/deny (each claim)
b. affirmative defense: relieves you of liablity ever if plaintiff can prove, plaintiff is still not wining ( most claims, at least one each), and OR counterclaim (plaintiff)
c. plaintiff reply ( if "b" plaintiff can rply #3)

Front 44

stipulations for plaintiff in pleading stage:

Back 44

i. anything denied, plaintiff has to prove claims; defendant does not have to say anything
ii. note: what does plaintiff have to do to win claim? perpoderance of evidence, plaintiff bared burden in a civil case

Front 45

preponderance:

Back 45

more likely than not

Front 46

default judgment

Back 46

if a defendant does not respond to suit defendant loses trial

Front 47

discovery phases:

Back 47

Gather info
Have time to assess the material before the court so there's no time wasted with recess
Both sides have to play nice, good faith duty to comply with the reasonable discovery requests
If dont act in good faith you'll get in trouble with the court
Default judgement happens when,
Willful violation of court rules
Intentional delays
Contumacious-insubordinate
But not when, marginal time delays like a few days late

Front 48

Tools of discovery:

Back 48

1. depositions
2. interrogatories
3. production of documentation

Front 49

depositions:

Back 49

a. taking of testimony outside court room under oath (printed, video, etc.)
b. both sides have to be there
i. to make sure say same thing at trial
ii. and also for if they are not at trial
iii. if deposed maybe dont mean you will be called to court.

Front 50

interrogatories

Back 50

a. list of questions to answer sent to other side. responses to these are under oath.

Front 51

production of documents

Back 51

a. request for production of physical evidence...not under oath

Front 52

MSJ

Back 52

(motion for summary judgment) occurs on part of either party at end of discovery period
- judge gives us judgment now this dont need to go to trial
-facts are crystal clear no need for trial
-a plantiff has a tough burden to bare because has to prove all elements
-defendant easier burden to bear because he only has to shoot down one element

Front 53

order of case

Back 53

pleading
discovery
trial
appeal
5.

Front 54

Voir Dire

Back 54

process of selecting a jury

Front 55

2 types of challenging Voir Dire

Back 55

1. For Cause- you (pi or delta) feel for believing that person will be biased in trial, you get unlimited number of these
2. Peremptory challenges (only 3) - just dont want him on jury
-plaintiff always starts opening argument

Front 56

Three types of evidence with exception not allowed (immiscible)

Back 56

1. irrelevant - evidence not baring on case
2. hearsay evidence
3. opinion evidence
-ex. expert opinion

Front 57

stages of a trial:

Back 57

Plaintiff goes first with opening argument
Def opening argument
Plaintiff present case, first witness, testimony, chance for plaintiff to make case
Def. first witness/evident, make case
Closing argument-plaintiff
closing argument-defendant

Front 58

possible motions:

Back 58

1. dismiss
2. summary judgement
3. directed verdict
4. jurisdiction not without verdict
5. new trial.

Front 59

directed verdict

Back 59

a. defendant: end of plaintiff case
b. pliantiff- end of defendants case

Hey there's no sense in sending it to a jury, go ahead and rule in our favor
same as summary judgement, but timing is later
either side can do it
proper time is when the other side is concluded

Front 60

jurisdiction not with verdict/ motion for loser

Back 60

a. motion to judge to over rule jury
b. only if verdict rules completely over evidence - can be appealed

Hey there's no sense in sending it to a jury, go ahead and rule in our favor
same as summary judgement, but timing is later
either side can do it
proper time is when the other side is concluded

Front 61

2 types of jury instructions on the charge

Back 61

general
special

Front 62

general jury instructions

Back 62

Hey there's no sense in sending it to a jury, go ahead and rule in our favor
same as summary judgement, but timing is later
either side can do it
proper time is when the other side is concluded

Front 63

special jury instructions

Back 63

no signing of paper
lays out the fact questions/elements
and you need to answer them yes or no
rare
tells the judge who won by addressing every single point of the case

Front 64

reversable error

Back 64

Jury didn't follow the jury instructions that was denied by the judge when given by the parties

Front 65

elements of a reversible error

Back 65

-requested instruction accurately represents the law
-facts support it
-the instruction was necessary for the jury to resolve the case
--if it doesn't follow these elements then you have a reversible error

Front 66

appeals process

Back 66

file
record
briefs questions
oral arguments
decisions

Front 67

j/t notwithstanding the verdict

Back 67

look it up, no seriously do it

Front 68

Litigation

Back 68

1. pleading
2. discovery
3. trial
4. appeals -> jurisdiction
5. enforcement of jurisdiction: how do we make a defendant pay

Front 69

Res Judicata

Back 69

its over, its done, plaintiff can not sue gain for the same claim
-if you have more fact patterns you can bring it up later

Front 70

how do you enforce judgement

Back 70

writs

Front 71

2 types of writs:

Back 71

execution and garnishment

Front 72

execution

Back 72

if granted local law authority can go to the defendant and seize his or her assets

Front 73

garnishment

Back 73

takes assets of defendant that are not in possession of defendant, as in held by a third party

Front 74

ADR

Back 74

alternative dispute resoultion - ways to resolve dispute to not use litigation - saves money and time (post torts, pre contracts)

Front 75

Types of ADR

Back 75

Negotiation
Mediation
Arbitration

Front 76

negotiation

Back 76

Plaintiff & Defendant
-can have lawyers
-settlement

Front 77

Mediation

Back 77

plaintiff, defendant, and mediator
-3 parties, not legally binding
-courts often order mediation first

Front 78

arbitration

Back 78

Plaintiff, Defendant, & Arbitrator
Legally binding
you arrive to arbitration as result of post result/incidence
pre-dispute is about contracts-you agreed a binding arbitration
not a suggestion/opinion. it's a ruling and like a trial court, except not in the court