Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
84 Cards in this Set
- Front
- Back
|
dont use prior cases as precedent
|
Napoleanic Code
|
|
|
the judge can show bias
can ask questions to witnesses it's the judges decision who gets put on the stand judge can be a police officer (go to the scene of the crime) |
Rule of the Judge
|
|
|
Juries are made up of 3 people
the judge can show bias |
The code of France
|
|
|
you can convict someone and put them in jail by proving its more likely than not that they committed the crime
|
preponderance of evidence
|
|
|
says that there is risk there.. we know that a certain amount of people are going to die this year, but we don't know who
|
insurance
|
|
|
creates risk
|
gambling
|
|
|
courts dont have enough time to play what if
|
court has to attain an actual case or controversy
|
|
|
person filing the lawsuit
|
plantiff
|
|
|
any person cant just file and kind of lawsuit -- you need a personal interest in the outcome of the litigation
|
standing to sue
|
|
|
you have to have a personal interest in a person or property if u want to insure property
|
insurable interest
|
|
|
person can not create this -- the judge must create it -- can set up as either an opt in or an opt out
|
class action lawsuit
|
|
|
judge writes a description of the class or approves it --
|
certifying the class
|
|
|
notice goes out that says if you wish to participate in this suit and you have these characteristics then you need to notify the court
|
opt-in
|
|
|
if you dont wish to be in this lawuit you need to contact the court so that you are not included in it.. otherwise you are automatically in it whether you want to be or not
|
opt-out
|
|
|
aluminum chair frame example
|
products liability case
|
|
|
each plantiff only has a small amount of damage and only gets a small reciprocation -- lawyers cannot be reciporcated in the ususal way
|
coupon case
|
|
|
how could u get a case into federal court
|
1. if its a federal question - if it involves a federal law
2. diversity of citizenship -- for example if someone from one state went into trial against someone from another state 3. must also be at least 75K worth of damages |
|
|
corporation citizenship
|
are citizens in the state of the corporation as well as the headquarters of the company (the company must claim both)
|
|
|
jurisdiction over the person
|
im personam
|
|
|
if you are in a place then that place has jurisdiction over you -- if you go somewhere briefly that state has jurisdiction over you
|
presence
|
|
|
the plantiff is consenting by coming
|
consent
|
|
|
where you live -- where you think that your home is... is where your home is
|
domicile
|
|
|
involves situations that repeat over and over again (it happens all the time)
|
state long-arm statute
|
|
|
venue
|
the county
|
|
|
court order that judge signs.. it says your being sued in this court and you need to show up
|
summons
|
|
|
you have to get the runner to deliver the stamped copy to the defendant
|
service of process
|
|
|
people that serve the defendants summons (they do this for a living)
|
process servers
|
|
|
both sides know the same information -- if the parties have enough moey and the judge doesnt have a backbone this can last years
|
discovery
|
|
|
external
|
law
|
|
|
internal, your conscience
|
ethics
|
|
|
to get a conviction.. what must the agreement be
|
unanimous
|
|
|
discrimination against sex
|
Title 7
|
|
|
judge made law -- case at bar decided -- case at point used as a reference
|
common law
|
|
|
stare decisis
|
stand by decisions
|
|
|
there is a list that says when you can sue the gov
|
statutory law
|
|
|
laws created by the executive (president, governor, head of the county)
|
executive orders
|
|
|
dont elect someone - vote on a ballot - ex: same sex marriage and stem cell research
|
Ballot initiatives/Direct Democracy
|
|
|
bench
|
judges
|
|
|
bar
|
lawyers
|
|
|
three levels of the courts
|
1. highest court
2. court of appelas 3. trial court |
|
|
cannot sue the king or queen/gov. unless they say it is okay
|
sovereign immunity
|
|
|
judge can do this if she doesnt like how she had to rule in a case -- it is very uncommon
|
written opinion
|
|
|
3 levels of gov
|
1. judicial
2. executive 3. legislative |
|
|
rights and duties between entities
|
substantive
|
|
|
what do you do about it? can you sue? how do you do it?
|
procedural
|
|
|
can be considered a legal entity
|
men, women, corporation, partnership, trust, bankrupt of state
|
|
|
you died with a valid will
|
testate
|
|
|
woman that gets the estate
|
executrix
|
|
|
man that gets the estate
|
executor
|
|
|
the person in line for an estate after the executor
|
administrator
|
|
|
person dies w/o a valid will
|
intestate
|
|
|
rights of a noncriminal nature between entities or between entities and the gov
|
civil law
|
|
|
in this type of law the plaintiff is always the gov
|
criminal law
|
|
|
in this type of trial the judge comes up with the verdict
|
bench trial
|
|
|
written questions that are submitted to the other side or you have to tell the court and the other side well in advance who your going to be calling as a witness in the trial.. these questions are answered under oath… problem is that many times the lawyers write the questions.. they are sterile and don’t give u any flexibility
|
written interrogatories
|
|
|
could be thousands of dollars, the plaintiff causes the defendant and says I would like to depose you or a witness and they come up with a time and place they want to meet, lawyer from both sides are there (expensive – plane tickets, meals, cabs, rent space) – it wouldn’t make sense to have a deposition over something that is not a lot of money
|
oral dispositions
|
|
|
you go in and sue someone your arm is messed up and I can never use it again.. I have to let the other side choose the physician that is chosen by the other side
|
physical exam of a person
|
|
|
getting letters from the other side, today this is more email – so you ask for all the emails from a certain person to a certain person – problem with this is the volume is so huge is that its so much that its not humanly possible to pick all of these out
|
Documents
|
|
|
widget broke both sides can see why something broke (airplanes crashes – gov has custody)
|
Tangible items
|
|
|
– the judge and 2 lawyers – can be extremely casual
- The judge does arm twisting at this stage (he says can u stipulate – agree to things ahead of time) – its not unusual at this time for the case to end at this time – the judge has to agree to the settlement and agree to dismiss the lawsuit it cant just happen because the lawyer said so |
pretrial conference
|
|
|
where do jurers come from?
|
voir dire
|
|
|
you can dismiss a juror if they display a prejudice
|
challenge for cause
|
|
|
you can get rid of a juror w/o saying a reason... you cannot gid rid of them because of sex or race
|
peremptory challenge
|
|
|
guy who was there when the incident occurred
|
lay witness
|
|
|
a witness at a trial -- you want to check these people out -- where did they go to school?
|
expert witness
|
|
|
someone directly hears or sees something – report on what you see or hear -- present this in a trial
|
direct evidence
|
|
|
what you heard) – a lot of times you don’t have anything but circumstantial – there is nothing wrong with this if it is handled correctly
|
circumstantial evidence
|
|
|
lawyer doesnt get paid unless you get paid -- lawyers dont invest their time in a case they dont think that they will win
|
contingency fee basis of litigation
|
|
|
powers in the constitution are given to the federal government
|
enumerated powers
|
|
|
idea is that there is a state law and a federal law on something.. the federal law will trump state
|
federal pre-emption
|
|
|
says if the executive has come up with the law it’s a law and someone doesn’t like it they can go to the judicial branch and say I think this is unconstitutional b/c the judiciary has to interpret the law
|
judicial review
|
|
|
state powers a.k.a.
|
reserved powers/state police powers
|
|
|
talks about race, sex, national origin and more – part of the act says for public accomadations (bus, mtel, etc.) – u cant discriminate on one of these – you cant have a white only motel
|
Act of '64
|
|
|
telling a lie about someone that hurts that persons reputation
|
defimation
|
|
|
lying about a company or product and hurting their reputation
|
trade disparagement
|
|
|
4th amendment
|
unlawful searches and seizures
|
|
|
says if the police goes in and sees someone without a proper warrant it is no good because they cant bring it into evidence
|
exclusionary rule
|
|
|
if a corporation is charged of a crime -- can they plead the 5th
|
no they must put someone on the stand
|
|
|
gov can not take life, liberty, or property unless
|
they go through due process
|
|
|
some gov action takes away individual liberties and so for this to be okay u have to show that the gov has a compelling state interest
|
subs process
|
|
|
these are extra important – if the gov takes these away then not only do u have to show compelling reason for the gov to do this – the court will put the gov under strict scrutinity to see why this was necessary
|
fundamental rights
|
|
|
if the gov does something to abridge one of your freedoms, interstate travel, right to vote, right to privacy, right to marriage
|
fundamental rights
|
|
|
the gov has to treat similarily treated persons the same
|
equal protection clause
|
|
|
if people are treated diff because of sex u can go in and challenge that
|
intermediate scrutiny
|
