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32 Cards in this Set
- Front
- Back
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Ordinances
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City council enacted laws.
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Cause of Action
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Legally justifiable reason to sue someone. Will lose with a bad one.
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Stare Decisis and Precedent
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Cases will be decided the way it was decided before
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Jurisdiction--Subject matter, Property and Personal
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Subject matter-power to hear and decide a case
Property-stuff Personal-people Property and Personal can't be in another state. |
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Long Arm Statute
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Law allowing a NE court to get personal jurisdiction over an out-of-state defendant in a TORT case.
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Diversity
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Citizen of one state sues the citizen of another
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What law is used in a Diversity Case?
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Federal procedural law, but will apply state law.
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What question does the Erie Doctrine answer?
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What law is used in a diversity case?
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Venue
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Geographic Jurisdiciton.
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Summons
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Formal legal document informing you that you are being sued.
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Subpoena and Subpoena Duces Tecum
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Formal legal document requiring the attendance of a witness.
Duces Tecum- ...with documents. |
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Voir Dire
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Name of the jury selection process
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Instructions, purpose of
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Where the facts are mashed with the law
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Writ of Execution
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Order to enforce the judgement.
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Damages--Compensatory, Nominal, and Liquidated
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Compensatory-Direct Compensation
Liquidated-Agreed in Advance Nominal-Small amount given so you get something for winning, $1 |
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Specific Performance
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Want other guy to perform a certain task.
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Injunction
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Want action stopped.
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Commerce Clause
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Commerce shall have the power to regulate the control of interstate (between states) commerce, not intrastate (in-state).
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Supremacy Clause
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Federal law supersedes State law.
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Two purposes of Sin Taxes
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1. Raise revenues.
2. Force people to change their behavior. |
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Due Process
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Fundamental fairness.
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Equal Protection
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Everyone who is the same, is treated the same.
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Power of Eminent Domain
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Power of Government to take private, real property for public use after paying fair value.
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Enabling Statute
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Creates the agency and gives it it's powers.
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Why are Administrative agencies so powerful--What kinds of powers do they have?
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The agency does all of the aspects of regulation.
1.Rule Making 2.Investigating 3.Enforcing 4.Adjudicating 5.Sanctioning |
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Standing
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Directly affecting.
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Ripeness
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Not over til it's over
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Exhaustion
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You have to use up any administrative internal appeals before you go to the courts
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Rational Relationship Test--when used?
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When the rational connection between the rule and public safety/health needs to be clarified.
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Arbitrary Capricious and Unreasonable test--when used?
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When reviewing the factual basis of agency rulemaking.
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Sunshine Laws
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Open meaning laws
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Sunset laws
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require agencies to periodically re-justify themselves.
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