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75 Cards in this Set

  • Front
  • Back
How to establish a case
establish facts
what is the issue
the discussion
the decision
Trial Courts
The most basic or first level of this court system
party bringing the case
Appellate Courts
Once a judgement has been made, the case may be appealed to the next level in the court system. Three or more judges review evidence introduced to trial court, listen to and read the legal argument or the parties, then make their decisions. Generally released to the public
Appellate Decisions
Integrate the sterile rules with the activity of everyday life and this rich with meaning
the philosophy of the law
Declaration of Independence
People know the difference between right and wrong, you should follow your conscious, even if there are negative consequences

Man is inately good
Dont need many laws
man is eveil
need many laws to stop evil people
You have to follow society and government laws, even if you disagree
Like a positivist, but you follow any institutions laws like the NCAA
Legal Realism
American philosphy, observe people and have laws reflect that behavior
Historical School
German Philosophy, different locations have different rules with historical reasons why they are in place. Law is found by scholars not made by the sovereign
Marxist School
Wealthy people write the law and control
Feminist School
Men write the laws to suite them and not women, exploration of the women ?>
Critical Legal Studies
Law is to protect property
German, overtime people develop rules for their area, these are the ones that apply
Broadest term denotes anything one person or group has a preference or aversion to, need not have a moral component, if you like the color blue you have a value for it
Human behavior that people find good and just
The study of morals and morality, you would refer to an ethical theory that helps define one's morality
Cost/benefit analysis on all situations, does end justify means
Emmanuel Kant- Its wrong to lie, duty base, do to others as you want others to do unto you, do your duty regardless of cost/benefit
Process for moral reasoning
Duty to Rescue
Legally you must help someone if you can, there is a dutch and vermont law that says you must save someone if you feasibly can
Civil Law
Legislature has power
85% of world
Common Law
Judges have power
Creates Rules
Implements and enforces rules
adjudicates, decides whether a breach has occured
Stare Decisis
Notion of Precedent
Most important with property, least with courts
High degree-predictable, stable legal system
law becomes inflexible, judges dont look forawrd
used in property and contract law
Magna Carta
Even the king is subject to the law
Law Court
In England, 1400-1850, you want financial retribution
Equity Court
If you dont want money, and you cant get into the law court
Criminal Law
States are plaintiff
you have to show beyond reasonable doubt (95%)
Loose money and Life
Jail for over a year
Civil Law
Between private individuals
Have to be 51% guilty
only lose money and possessions
jail for less than a year
Plea Bargain
Bargain between state and defendant so dont have to go to trial. Tax payers dont want to pay more money, this eliminates their expense, it is a reduction in penalty for admitting youre guilty, associated with criminal law. There are not enough district attorneys for how many criminal cases there are
Federal Court
Supreme Court
Need writ or certiory, ask judges to hear your case base on their discression,
Surrogate Courts
Wills and Trusts
Tax Court
Must prove IRS wrong
Small Claims Court
hear cases on issues under a certain dollar amount, no lawyer
Can have cases moved from state to federal, different laws in different states, value of case is greater than 75,000

Deleware is most common principle place of business
Federal Court
Between two states
Constitution Issues
Alternative Dispute Resolution
No time delays, you get to pick the arbitrator, you keep the results private
Final offer arbitration
One side is chosen, no middle ground, often used in sports
Mediator tries to persuade parties to reach a solution, but cant make them or decided for them, diffcult to do
Summary Jury Trial
Retired Judge hears a short case, 1/2 arguements
dont know law, generally correct, made up of rejects

many jury cases are settled halfway through without the juries help and are lasting longer and longer
Attractive Nuisance
If you know your stuff is cool to play with and dangerous, you must take precautions to make sure no one gets hurt
To start lawsuit, must file pleadings in required amount of time.
Notice to Defendant they are being sued
Gives more detail including why and what for
Between pleadings and trial, all info is shared to everyone
Sworn statement of facts, taken down by stenographer, generally can ask any questions. Lawyers prepare their client before being questioned
Written list of questions sent to other side, have a lot of time to answer, used for unimportant or old and dying people, used for people that live far away
used to acquire written info from someone, personal files
certain communications cant be repeated without permission
Pre-Trial conference
judge gets case one month in advance and calls lawyers to try and settle it
Voir Dire
Process of selecting a jury, the lawyers get info on available jurors, get to question them
Challenge for cause
there is a legitimate reason the juror wont be impartial
Preemptory challenge
no good reasons but you dont want them on the jury, limited amount, only get as many as there are jurors
A request
Ules dictate what info you can bring in and what you cant, the info has to come from the primary party
Dead Mans exception
If you got your info from a dying man, you can use it in court
Instructions to jury
judge tells jury what the laws are and jury decides base on the instructions
Take juror verdict downtown to put in book and make it a judgement
30 days after judgement to pay
tax free on all $
30 days pass you can have state take defendants possessions
Tell the persons employer to send you their checks so you get money
Judgement Proof
Person has no property or a job to pay, judgement will stay on book for a few years, you can renew it in case the defendent comes up with the money years later
Contingent fee
lawyer gets 1/3 of judgement instead of upfront fee, only plaintiff on tort can use it, US is the only country that allows it
American Rule
If you lose, you dont ow lawyers on other side or anyone anything:Encourage Litigation
English Rule
Have to pay both lawyers if yo lose
Class Action Lawsuit
A bunch of people consolidate cases into 1 case to fight it together
powers of branches of government
1st Amendment
Congress, legislative branch
2nd Amendment
President, executive branch
Judiciary Branch