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50 Cards in this Set
- Front
- Back
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Small claims court's jurisdictional limit is $4,000..
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In order to serve on a jury in IN, one of the qualifications is for the person to be a resident of the county where they intend to serve..
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A summons is an order for a person to appear in court to testify as a witness on behalf of one of the parties involved in the lawsuit..
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An employer, pursuant to a Garnishment order, is required to withhold from the weekly earnings of a judgment defendant the lesser of 25% of the employee's disposable earnings for that week or an amount by which the disposable earnings exceed 30 times the federal minimum hourly wage..
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IN is an at will employment state, which means that an employee may be discharge or fired from his employment at the will of the employer..
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A person who has been terminated from his employment in IN is legally entitled to sue the employer for the return of his job if the employer did not have just cause in terminating the employment..
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The Miranda Rule does require the police to provide an advice of rights to a person who has been arrested; otherwise the charges will be dismissed against that person..
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A person's voluntary statement given to the police is not admissible in a court of law against the person unless the police have advised that person of their Miranda rights..
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A criminal defendant who has obtained a diversion agreement from the prosecuting attorneys office may have their criminal conviction erased after the successful conclusion of the terms of their probation at the end of one year..
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A criminal defendant is entitled to have their arrest record erased if they proceed to trial and are found not guilty by the judge or jury..
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An individual who has been injured on a job may sue their employer directly for any damages that resulted from said injury..
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A tort is a civil wrong for which a plaintiff may recover money..
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One defense to a negligent tort is for the defendant to claim that the plaintiff contributed to his injury and/or harm and consequently, the defendant is not liable..
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An example of an intentional tort is one in which someone has made false and malicious comments about another person's reputation..
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If an individual wishes to file a lawsuit against a gov. entity, that individual must first provide a written notice to the gov. entity within a certain amount of time..
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A person who has recovered punitive damages as a result of a reward in a lawsuit, by statute, does not receive all of the money..
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The term "venue" relates to the right or power of the court to hear a particular case..
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The first step to be taken in the starting of a civil lawsuit is to file a complaint with the clerk of the court..
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The plaintiff's burden of proof in a civil case may be described as proof beyond a reasonable doubt..
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If a store owner or manager has probable cause to believe a person has committed shoplifting, the store owner or manager has a right to stop the person and conduct a physical search..
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The violent Crime Compensation act will allow individuals who have been subjected to violent crimes to recover some compensation..
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A person who has been arrested and is in custody has a constitutional right to refuse to talk to the police even though the police have provided the Miranda warnings to such individual..
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A person who makes a voluntary statement to his cell mate is entitled to have that statement suppressed and not used against him in a court of law unless the police have first advised him of his Miranda Rights..
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A homeowner who keeps wild animals on his or her premises will be liable to persons injured by these wild animals on the basis of contributory negligence..
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Under the doctrine of Respondent superior, an employer may be liable for the acts of the employee if the employee is engaged in an activity which is in furtherance of the employer's business..
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A store owner who has probable cause to believe a theft has occurred may detain the person suspected of the theft and request that the person identify himself..
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The injury suffered by a person from an intentional tort must be such that the injury was proximately caused by the act of the defendant and the injury must have been foreseeable..
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Anyone who sells or otherwise places into the stream of commerce a product in a defective condition which is unreasonably dangerous to any user is subject to liability for harm caused by that product under a theory of negligent tort..
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Persons who raise or harbor wild animals owe a duty to the public to contain the animals in a safe and secure environment..
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Persons who own and harbor domesticated animals may be liable if the owner fails to exercise due care after the animal has exhibited one act of violence..
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The person who has been victimized by a violent by a violent crime may apply to the tipp. county prosecuting attorney's office to recover compensation such as medical expense and loss of wages..
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The IN tort claims act requires the state to be given notice within 90 days of the incident of a person's intent to hold the state liable..
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Comparative fault means that if the plaintiff has any share of fault in the incident, the plaintiff will fail to recover any money from the defendant..
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In IN, there are no longer exemptions for individuals to be excused from jury duty..
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Intoxicated, for the purposes of driving a motor vehicle while intoxicated means under the influence of alcohol drugs to such an extent that the person is drunk and unable to control the motor vehicle in a safe manner..
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A subpoena is a notice to an individual that they have been sued in a civil case..
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One way to serve a subpoena or a summons is for the sheriff to leave the summons at the persons address with an individual of suitable age..
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A summons may actually be served upon an individual by leaving the copy of the summons on the persons door provided the sheriff also mails the summons by ordinary mail to that persons address and the mail is not returned..
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A judgement defendant is entitled to exempt from execution tangible property up to a value of $8,000..
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A judgment defendant may exempt up to $300 of money, which is maintained and held in a retirement/pension acct..
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A judgment defendant may exempt up to $15,000 for his interest in his family residence..
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A judgment defendant may have an exemption of up to $300 for interest in stocks or bonds..
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A creditor may initiate a proceeding called a "pro supp" in an effort to obtain information from the judgment defendant as to income and property subject to execution..
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A Person who appears in court as a witness is entitled to be paid the loss of their wages for the time that they actually spend in court..
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An employee may be discharged for just cause if the employee has damaged the employer's property or refuses to obey instructions..
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A person who appears in front of an admin. agency has a right to a hearing before an impartial hearing officer..
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A person has a constitutional right to be advised of their Miranda rights if they are placed in custody..
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A person has a right to use whatever force is reasonably necessary including deadly force to protect their person and property from a criminal act..
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A person who has been arrested may post a bond by cash, surety, or real estate..
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I is possible to expunge a persons arrest record if the person has been arrested, by no criminal charges were file..
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