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75 Cards in this Set
- Front
- Back
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What is LAW?
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-set of rules by the government we must follow
-enforced by police, FBI, DEA |
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Jurisprudence
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philosophy of the law
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Natural law
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humans have rights- regardless of the law
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"Free Market System"
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1. law
2. rule of law 3. property |
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Why are those important?
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Creates predictable and credible laws, try to minimize liability, peaceful resolution
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Common vs. Civil laws
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commons- judges
civil- legislation (just enforce law |
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Public vs. Private
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public- must follow rulings!
private- is there a contract? |
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Substantive vs. Procedural
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s- defines rights and duties
p- rules or processes to be fair |
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Constitution
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federal and state
set up 3 branches of gov states retain all power |
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Legislation
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laws passed by Congress
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3rd branch of Congress
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JUDICIAL
only unelected branch. (US district courts-Court of appeals-Supreme Ct) |
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chief justice
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oversees all federal courts
"first among equals" NOW: John Roberts |
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3 personnel
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judges
jurors lawyers |
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2 major systems of court
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state & federal
trial ct of appeals & supreme ct |
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5 types of Judges
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fair and impartial
trial (WITNESSES) appellate elected vs appointed immunity |
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"writ of cersiori"
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appeal to supreme ct and don't have to see it, 9 justices, "rule of 4" must agree
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Jurors
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Petit Jury (6th&7th amendements)
hear evidence and get fact to make verdict |
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Lawyers
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1st duty to admin of justice (defend client well)
attorney/client privilege adverserial system (think everyones lying) |
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Trial Court
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only court that hears witnesses
decide what law to be followed |
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Appellate Court
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review courts decision!
3 panel judges |
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US Supreme Court
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court MUSt accept decision
file writ of certiorari very few cases accepted |
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Federal Courts
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Jurisdiction limited by congress
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jurisdiction limited to...
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federal question
controversy between states diversity of citizenship |
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Federal Appellate Court
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13 court of appeals
no witnesses simple majority |
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Judicial review
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power of courts to review act and exec branch unconstitutional
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Marbury vs Madison Case
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landmark case about judicial review
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Judicial restraint
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use judicial review in unusual cases
belief in state rights believe in precedent (consistency) |
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Judicial activism
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corrects society to live Constitution
less dependent on precedent federal gov very important |
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Defense vs. plaintiff
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defendant- responds to lawsuit
plaintiff- initiates lawsuit |
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3 things plaintiff shows court
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1. standing to sue (harm to you)
2. defendant violated law 3. cause of plaintiffs injury was cause of defendant |
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"sua sonte"
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an action by a court without action from other parties
"to its own accord" |
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Grand jury
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group of citizens who decide if a defendant should be charged
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Subject matter jurisdiction
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1. does court have authority?
2. general jurisdiction 3. limited jurisdiction |
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Pleadings process
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complaint
motion to dismiss counterclaim (answer) reply motion for judgement default |
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Discovery process
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1. purpose
2. methods 3. scope |
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Personal Jurisdiction
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are people justified for being in court?
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Motions
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request by party for court to do something
pretrial determination |
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Rule 2 motion
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frivolous conduct
legal basis for lawsuit |
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Trial
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judge, witnesses, trial, jury
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Post trial issues
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1. appeal
2. enforcement 3. Res Judicata |
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Article 1 of Constitution
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allocates the legislative power to congress
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Article 2
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the president has the power to nominate judges with the advice and consent of senate
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judicial review
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power that rests with more than 800 federal judges (from trial to appellate courts)
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What does executive branch do?
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presidents look to senators to provide names of judicial candidates for consideration
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Strict constructionists believe...
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that Const. has complete list of rights that americans enjoy. and any right not listed in const. doesn't exist
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"right to privacy"
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difference between judicial conservatives and liberals
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How many legal systems in US?
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51 separate legal systems (one federal and 50 states)
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Subject Matter Jurisdiction
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dictate whether a case is heard in federal or state court
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Torts
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any civil wrong other than a branch of contract and can cover any situation where people suffer legal injury
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in Original Jurisdiction cases...
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lawsuits between states can be filed directly with US and Supreme Ct
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Federal Question
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any case involving a federal law of Const. that gives rise to subject matter jurisdiction in federal courts
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The Supreme Ct's jurisdiction is…
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discretionary, NOT mandatory
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In forma pauperis
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filed by litigants who can't afford a lawyer
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Rule of Four
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Supreme Ct rule that only 4 justices need to agree for a case to be heard
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Majority opinion
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an opinion of the court, written by a judge and joined by others who voted the same way
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The chance of Supreme Ct hearing your case...
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less than 1 percent!
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Truth in Lending Act (TILA)
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a federal statute requires lenders to give accurate info concerning costs
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limited jurisdiction
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a court is restricted to hearing cases in a specific subject matter
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Subject matter jurisdiction
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authority of a court to hear cases in specific area or matter
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writ of certiorari
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petition filed with a supreme court arguing why case should be heard
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work product doctrine
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materials prepared in anticipation of litigation protected form disclosure during discovery
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complaint
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initial document that starts lawsuit!! set forth plaintiffs claims
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impeach
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to challenge credibility of a witness to tell the truth
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administration of justice
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highest duty of a lawyer
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"voir dire"
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questioning of prospective jurors
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burden of proof
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responsibility of a party to produce sufficient evidence to convince trier of fact of a issue
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deposition
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statement by a party or witness under oath
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pleadings
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the complaint, answer, and any documentation
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standing
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constitutional requirement for plaintiff to bring a claim in litigation
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prosecution
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governments side in a criminal case
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irreparable harm
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type of injury that can't be corrected by money or someone else
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discovery
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method used in cases to get info about each others case- no surprises!!
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affidavit
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sworn statement in writing made under oath
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motion
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any request to a court for court to take an action
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verdict
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jurys decision
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