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23 Cards in this Set

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Substance

Substantive law


Rights and duties


Substances = subdivide into topics



Process

Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

Personal Jurisdiction

Wherever you or the individual is located.

Federal Jurisdiction

Federal Court System


If someone has a federal question


Diversity of citizenship AND issue of $75,000 +

In Rem Jurisdiction

Suing an Asset like shipping crates.


Have to request something of the asset i/e percentage or part ownership

Alternative Dispute resolution

Offer & Settlement


Negotiation


Mediation


Arbitration

Trial Courts

Varies by your jurisdiction


Looks at witnesses/evidence




Small Claims, Civil Court, Criminal Court

Small Claims Court

Usually service contracts




Landlord/Tenant




Usually $5,000 or less

Civil Court

Above small claims value. If suing for larger dollar amounts.




Copyright claims.

Criminal court

For all crimes

Appellate Court & Supreme Court

Appealing based on an error in the trial court

Parties To A Case

Plaintiff V.S Defendant

Supreme Court Decision Makers

Justice: Supreme Court


Judge: Trial, Appeals


Jury: Trial Only

Common Law

Looking at past laws and coming to a better conclusion by analyzing past events

Statues & Regulations

Laws created federal/state based


Regulations = federally created by administrative agencies.

What can we request?

Injunction: Stop Order


Specific Performance: Contract that requires a specific skill set to fulfill the job


Rescission: Asking the court to cancel the contract to start from scratch [usually only if there is fraud involved.]



Remedies

Compensatory Damages:


Consequential Damages:


Punitive Damages:


Nominal Damages



Compensatory Damages

Compensation

Consequential Damages

Consequences of accepting a deal

Punitive Damages

meant to send a message and deter future behavior

Nominal Damages

Suing for the principal. No tangible financial loss always awards less than $500

Duty To Mitigate

Requirement to pursue your case as soon as possible

Freebee




Long Arm Statute!! - Will pull your from anywhere back into an area or prison.

Freebee


Long Arm Statute!! - Will pull your from anywhere back into an area or prison.