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97 Cards in this Set
- Front
- Back
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Affidavit
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Sworn statements by parties or witneses
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Affirmative defense
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By raising new facts the defendant may show that they are not fully responsible for the action against them, this is called an affirmative defence
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Alternative Dispute Resolution
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Mediation and Arbitration
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Answered
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The defendants response
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Arbitration
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decision is an award like a small trial without any public record. Most civil cases involving 15,00 or less
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assumption of risk
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sign a waiver
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award
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monetary distribution
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breach not a tort
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Brief
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contains a short statement of the facts, a statement of the issues, the rulings by the trial,
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ciminal
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prosecution v. defendant - beyond a reasonable doubt.
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civil case
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Defendant v. plainfiff, may file director of verdict. Preponderance / greater weight of evidence
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Closing Argument
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Each part's attorney argues in favor of a verdict for his or her client.
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Closing Argument
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Each part's attorney argues in favor of a verdict for his or her client.
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comparative negligence
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an exercise of practicing safe practices
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compensatory damages
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compensation to plaintiff to make the plaintiff whole
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Complaint
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the document filed by the plaintiff
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Consulting with an Attorney
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contributory negligence'
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Conduct by the plaintiff, contributing as a legal cause to the harm he has suffered.
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Counter Claim
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defendant my deny claim and set forth his or her own action.
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court system
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on a county by county basis - criminal courts cannot try civil cases.
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Crimes agianst society
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Proclaimed in a statue
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Cross-examination
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when the witness is questioned by the opposing side
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Default Judgment
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usually for failure to respond to the allegations
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Deposition
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a sworn testimony by a prty to the lawsuit or by any witness
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direct examination
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when calling of a witness for questioning by the plaintif
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discovery
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The Process of gathering evidence concerning the case involves ( depositions, interogations, requests for admissions, documents, examinations, or other informaiton relating to the case.
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dram shop act
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a owner of a bar may be held liable for a customer's actions if he or she injures someone
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duty of care
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people may act as they want as long as they don't cause harm to others
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Enforcing the Judgment
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Entrapment
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a law enforcment officer originates the idea of a crime
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Examination of witnesses
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Plaintiffs intro and examiation of witnesses
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exclisive jurisdiction
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can only be heard in a certain court
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false imprisonment
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time too long for offence
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Federal district courts NC has 3
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Parties must be from different states and the claim must be for 75,000 or more. The claim arises under the federal constitution or federal law
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Federal Rules of Civil Procedure (FRCP)
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Procedural rules of the court
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four elementw of tort
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Duty, breach of duty, Causation, and injury four elements
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Good Samaritan statue
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recuses a helper from a tort
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Hearsay
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is a statement made by someone who was no under oath when they made the statement.
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in rem jurisdiction
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Court jurisdiction over a defendants property
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Interrogations
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Written answers are signed under oath and delivered to othe party
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Intervening causes-
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a defence to liability - you shot someone and they ran into an ambulance and died on the way to the hospital.
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judicial review
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The constitutionality of leglislative enactments and actions of the executive branch
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Judgment
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in civel cases involving property are enforced by writs of execution directing sheriff to seize property.
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JNOV Judgment Notwithstanding the verdict
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May be rendedred by the judge in spite of the jury's verdict. However, is only available if the defendant moved for dismissal.
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jurisdiction
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Court orders defendant to perform or stay off the property
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Jury instrucutions
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The judge instructs the jury
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Litigation
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the process of resolving a dispute through the court system. very costly and a settlement may occur
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long arm statue
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a state statue that permits a statae ot obtain personal juristiction over nonresident residents
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malpractice
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Mediation
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A method of settling disputes, if not it goes to trial.
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miranda vs arizona
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given rights
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Motion
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is a procedural request submitted to the court by an attorney on behalf of her or his client
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Motion for a directed verdict
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raised if there is insufficient evidence to convict the defendant
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Motion for a new trial
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Judge may decide jury was in error,
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Motion for judgment on the Pleadings
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After pleadings are filed either party can ask for judgement prior to trial
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Motion for summary judgment
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Asking the court enter in their favor with out a trial, granted only if there are no factual disputes on the case.
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Motion for Summary Judgment
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notwithstanding the verdict, judge dissagrees with the verdict
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Motion to dismiss
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Defendant asking that the trial be dismissed, usually for improper service, lack of personal juristiction, or the plaintiffs failure to state a claim.
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negligence
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a condition which creates an unreasonable risk of foreseeable harm to another . Intent is not an elemetht. 1. Dut of Care, Breach of Duty, Causation; actual cause and proximate cause, and injury
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negligence per se
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an act In violation of a s statutory requirement
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online dispute resolution
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a method of settling disputes through organizaitons online
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Opening statement
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allows each attoryney to give opening statements
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Pleadings
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The Plaintiff's Complaint, The defendant's response
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Post trial Motions
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The trial court has broad discretion to reweigh the evidence, reassess credibility, disbelieve witnesses, and act as a thirteenth juror.2 A motion for JNOV, while more limited in scope, can be an even more powerful tool. Since a JNOV challenges the legal sufficiency of the evidence at trial,3 prevailing on the motion results in a new and different judgment in the moving party's favor
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Pretrial
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to identify the matters in dispute after discovery has taken place and to explore the possibility of setting the dispute without a trial.
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Pretrial conference
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A ppretrial hearing ath the request of either party or the court to identify the matters in dispute after discovery has taken place and to explore the possibility of setting the dispute without a trial.
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Pretrial Motion
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Motion to dismiss, Motion for judgmetn on the pledings, dismissal, Motion for summary judgment
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Pretrial Procedures
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summons, pleadings, pretrial Motions, Motion to dismiss, discovery depositions, interogations, request for produciton of documents, request for admissions. conference or motion that can settle the case
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probate court
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a state court of limited jurisdiction that conducts proceedings relating to the settlement of a deceased person's estate
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Procedural Rules
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rules that define the manner in which the rights and duties of individuals may be enforced
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question of fact
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in a lawsuit , an issue involving a factual dispute that can only be decided by a judg, and not a jury.
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question of law
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In a lawsuit , an issue involving a factual dispute that can only be decided by a judge and not the jury
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Rebuttal
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after the defendant attorney presents evidence, the plaintif may reply in a rebuttal
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Rejoinder
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The defentant rejutes the rebullal of the plaintifss rebuttal
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Relevant evidence
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Evidence will not be submitted in court unless it is relevant
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Request for admission
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Were you there?
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res uosa kiquitar
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the thing speaks for itself - Defences are contributory negligence, assumption of risk, intervening causes, foreseeability
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respeonde superior
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let the master answere
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Right to a jury trial
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in the constitution
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Service of Process
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Can be delivered by email
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small claims court
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2,500 or less
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strict liabilities
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liabillity regardless of fault, used in tort cases where there is abnormally dangerous, dangerous animals, product liability
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summary jury trail
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trial by jury but verdict does not count
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Summons
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Superseding cause
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an intrvening cause that breaks the connection between a wrongful act and an injury to another, a defence to liability
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The Appeal
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The Trial
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Judge calls the court to order, jurors are selected, openneing statements, cases are presented, witnesses are called and sworn in. Direct and cross examinations. trial and testimony is taken
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trespass
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use of your land
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venue
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the geographic district a jury is selected
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Verdict
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Once the jury has reached a decision it will issue a verdict
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Voir dire
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The process of selecting jurors
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writ of certiorari
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a writ from a higher court asking the lower court for the record of a case
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wrongful interference with a contractural realationship
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a valid contract between two parties known by a third party that was intentionally broken by one of the third parties.
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IV Ammendment
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prohibits unreasonable search and seizure of property
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V Amendmanet
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Defendant must have' a notisce of charges, oportunity to defend, cannot be tried twice or forced to testify against self
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VI Amendment
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Def has right to speedy trial, confront witnesses, subpoena witnesses, assistance of counsel
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VIII Amendment
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Prohibits excessive bail and fines. Cruel and unusaul punishment.
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