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55 Cards in this Set
- Front
- Back
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What is the difference between common law and statutory law? |
Laws based on English customs. Brought over from England. Statues enacted by the government (congress) legislative branch laws. |
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What are some other sources of law? |
Administrative, common law, statutory law, uniform law |
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Which document is considered to be the Supreme law of the land? |
US constitution |
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What is the "bill of rights"? What is the effect of the 14th amendment? |
The 1st 10 amendments. Incoporporated into the bill of rights to apply to states. |
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What is the doctrine of stare decisis? |
Stand on previously decided cases, decisions should be the same if similar cases existed. |
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What is a precedent ? |
Cases on which stare decisis are standing on, interpreted according to time. |
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Who enacts statues on a federal level? State level? |
Each has their own set of rules. |
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What are the differences between criminal and civil law? And their burden of proof? |
Criminal "beyond a reasonable doubt" -protects society, charged for crime guilty vs not, 99% jurors Civil "preponderance of the evidence " compensation, 9/12 jurors, sued torts, civil wrong liable vs not. |
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What are the basic judicial requirements in a court matter?
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Jurisdiction (inpersonam, in rem, subject matter), venue, and standing to sue. |
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What is "in personam" jurisdiction? How do courts exercise jurisdiction over non residents? |
Jurisdiction over the person. The long arm statue. By proving minimum contacts with your state. |
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What is "in rem" jurisdiction? |
Jurisdiction over property. |
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What is the burden of proof in a civil matter? Criminal matter? |
Criminal: beyond a reasonable doubt civil : preponderance of the evidence. |
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What is the difference between general and limited jurisdiction? |
General: hear more than 1 case. Limited: hear only certain type of case. |
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What is the difference between original and appellate jurisdiction? |
Original: court is hearing case for 1st time. Appellate: reviewing court, reviewing another courts decision. |
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What is the difference between federal and state jurisdiction?
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Federal jurisdiction are things that affect more directly with the government or country, while state is more on what is going on in that state. Different rules, etc. |
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What types of cases can only be heard in a federal court. |
Immigration, patents, copyrights, military, taxes (federal), bankruptcy, Indian rights. |
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In addition to the federal courts exclusive subject matter jurisdiction, under what conditions may a state case be heard in federal court? |
1. Diversity (citizens from different states) 2. Amount in controversy above 75k |
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What does the federal court system look like? (The different levels) |
1. District courts 2. US court of appeals 3.USSC |
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What does the state court system look like? |
1. Superior courts 2. State court of appeals 3. State Supreme Court 4. USSC |
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Under what circumstances may one appeal his or her case? |
Issue of law only! Not issue of fact. An error judge might have made. |
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What is the order if appeal for the federal system? And state system? |
State: superior courts,state court of appeals, state Supreme court, USSC Federal: district courts, us court of appeals,ussc |
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What may an appellate court do with a lower courts opinion? |
1. Affirm: agree with Lower courts decision 2. Reverse: disagree " " 3. Remand: sending back down mistake, do it the right way. |
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What is the difference between the majority, concurring and dissenting opinions? |
Majority: rule of the case Concurring: agrees with outcome but for different reasons. Dissenting: disagree with each other |
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How does one request the Supreme Court to hear his or her case? What is the Rule of 4? |
A writ of certiorari. Convince 4/9 just to hear case. |
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What is litigation? |
Process of going through the court system. |
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What resources (books) do attorneys often use for reference when filling a case in court? |
1. Code of civil procedure 2. Local rules |
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After the "boom!" what is the 1st step in the litigation process?
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1. File complaint |
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What is the difference between the plaintiff and the defendant? |
Plaintiff: party bringing action in every case brings to defendant or sues, initiates. Plaintiff: party bringing action in every case brings to defendant or sues, initiates.Defendant: the one or ones being sued... Defendant: the one or ones being sued... |
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What is the summons? What is its purpose? |
Mandation, formal notice that you are being sued |
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What is the complaint? What does it say? |
Allegates, does not prove, every single element must be included. |
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What is the difference between a judicial council form and a pleading paper? |
Jc forms are just preprinted forms and pleading paper is document sets forth allegations upon which relief should be granted separated by paragraphs. |
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What is service of process? |
Serving the defendant. |
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Who may "serve" the defendant? |
Anyone over the age of 18 & not a party to the case. |
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How may one "serve" the defendant? |
1. Personal service: handing documents 2. Substitute service 3. Publication 4. Notice acknowledgement and reciept |
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What is an answer? What does an answer do and what does it include? |
Pleading admit or deny all allegations. 30 days after the date of service. Includes affirmative defenses, which state you did do but the other side also forgot... |
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What else may a defendant do after being served with a complaint? |
1. Answer 2. Cross complaint: sue back 3. Demurrer ( motion to dismiss): attack complaint, forgot element. |
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How long does a defendant have to file a response after being served with a summons and complaint? What happens if the defendant fails to answer? |
30 days from the date of service. Default judgement if you do not respond can start collections effort. |
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What is a demurrer? When is it filed? |
Dismiss a complaint, " failure to state a cause of action" Within the 30 days after the 1st 30 notice of the summons. |
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What is discovery? What is its purpose? |
Process of gathering information from the other side. |
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What are some tools of discovery? What is the the purpose of each? |
1. Interrogatories: either form or special written questions sent to the other side. 2. Request for production of documemts: ask other side any info to support their claims. 3. Deposition: oral examinations put of court, under oath. 4. Request for admissions: admit to certain facts, request [genious] of a document admitting for further access. 5. Request for evalutions: undergo an issue under ex: my doctor. |
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What is a summary judgement motion? |
No triable issue of fact |
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What takes place at a pretrial conference? |
1. Motions in limine 2. Exhibit list 3. Witness list 4. Jury instructions Never talk about strategy |
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Can you think of an example of a motion in limine? |
- limit testimony - motion to exclude evidence - limit evidence - gag order - interrogatories |
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What is the process of jury selection called? |
Voice dire 1. Peremptory challenges: dismissing a juror without giving a reason. 2. Challenges for cause: " " for cause |
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What are the steps in a trial? |
1. Opening statements (Not Argument) present what you will be presenting 2. Plaintiffs case in chief direct then cross examination 3. Defendants case " " 4. Closing arguments: plaintiff 1st then defendant, can argue all facts and evidence 5. Jury deliberates: comes back with answer |
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What is the difference between negotiation, meditation and arbitration? |
1. Negotiation: both parties sit down and try to negotiate, no 3rd party. Out of court. 2. Mediation: neutral 3rd party, mediator facilitie communication between the parties, do not make decisions, out of court 3. Arbitration: like a mini trial not in court room, arbitrator a retired judge usually, also usually binding. |
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What happened in the exxon Valdez case and what lesson can the exxon Valdez case teach? |
DO NOT LOOK THE OTHER WAY! Oil spill because of an -alcoholic captain precedent, exxon knew -punitive, gross negligence, sued with lead to an appeal over and over again |
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In what ways can one promote good/proper ethics in his or her business? |
1. Leading by example 2. Training programs 3. Incentives |
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What was the ethical dilemma for the tobacco company in tobacco on trial? |
Knowing selling a product that was a danger for the consumer to make a profit. |
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What arguments did the plaintiffs counsel make in tobacco on trial? |
1. Cigarettes cause cancer 2. Marketed as more glamorous 3. Addictive 4. Failed to be marked as a threat. |
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What arguments did the defendants counsel make in tobacco on trial? |
1. Risk taker 2. Eventually quit 3. Other known ways to get lung cancer 4. Customers should ok known 5. They aren't dangerous |
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What is the definition of ethics? |
Having principles, morals. Knowing right vs wrong. |
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What is a venue? |
Geographical location of a case being heard? |
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What is a body of laws enacted by agencies? |
Administrative laws |
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What are some advantages of moving your case from a state to federal court? |
- quicker - prettier - different rules - case loads much lighter |
