Discovery stage is also when you find out information The purpose of discovery is to preserve evidence limit element of surprise encourage settlement What are interrogatories written questions Barabin v AstenJohnson Inc important because of expert witnesses and scientific process of how it relates to law Judge made a huge error when not granting a Daubert hearing What was held in the Barabin v AstenJohnson Inc case the district erred and a new trial was provided CASE What is a Daubert hearing prove an expert is an expert by experience and education The pretrial stage is also known as issue narrowing Genuine issue material fact either party may request is called summary judgement Either party or court may request is called pretrial conference What amendments give rights to a jury in certain cases 6th and 7th Trail stage is also called the resolution stage Plaintiff goes first during trail stage because of burden of proof Direct examination involves the plaintiff and their attorney Cross examination involves the plaintiff and the defendant attorney Actually takes to make you whole are what type of monetary damages compensatory Worth a dollar are what type of monetary damages nominal What type of remedies are decided by the judge equitable What type of equitable remedies are contractual situations specific performance What type of equitable remedies is which the court orders you to do or not to do something injunction What are the 3 types of injunction 1 Permanent 2 temporary until final hearing 3 preliminary when case actually starts Naples v Keystone Building and Development Corp is important because monetary damages for property trial court was in error because the trial court s award was illogical CASE The value of what you lost is called unreasonable economic waste UEW The appellate stage is also called the error resolution stage This is when we fix what trial judge screwed up What are the two types of arguments before the court written briefs and oral arguments What are three types of decisions by the court majority opinion concurring opinions and dissenting opinions What are the 4 outcomes of the decisions affirmed modified reversed and remanded If there is no further appeal is available judgment becomes final No other actions brought over the same facts res judicata Court order from judge to person writ of execution What is it called with the parties agree on a private judge arbitration Arbitrators decision is binding and final The arbitration agreement is less restricted and more relaxed What is the least formal form of ADR negotiation Who makes suggestions does not need to reach a resolution mediator Mediators suggestions are not binding Parties may go to trial after this ADR What clause deals with interstate commerce Commerce Clause Any activity that affects supply and demand of a business interstate commerce What clause has the power to make all laws Necessary and Proper Clause Under what clause does the federal government actions take precedence over actions of other governments Supremacy Clause Katzenbach v McClung is important because interstate commerce no interstate travelers and affects interstate commerce the activity does exert a substantial economic effect on interstate commerce white black seats civil rights CASE Hughes v Oklahoma is important because interstate commerce What was held in the Hughes v Oklahoma case originally upheld the statute as constitutional to protect Oklahoma natural resources Hughes appealed and the Supreme Court favored him It is fine to protect wild life but could be effected in less discriminatory way by the state minnows CASE Who has the power to lay and collect taxes Congress What are used to raise revenue and or deter punish encourage certain behavior taxes What is the 4th amendment unreasonable search and seizure What is the 5th amendment self incrimination True or false self incrimination applies to people not to businesses true The right of governments to condemn private property to public uses eminent domain Fair market value is called just compensation NOTES SBD kitchens v Jefferson didn t want to pay for kitchen bad mouthed sbd courts gave sbd 25k and 166k jeff appealed but held CASE Edison comp v PSC of NY nuclear info in billing 3 part test favored ny but appealed and favored Edison can throw away CASE Hudson gas v NY cant promote electricity held for ny but reversed too extensive 4 part test CASE Horne v ag taking grape crop w out compensation 5th amend fined but reversed for horne CASE Labrayere v bohr farms smell cant bring common law against nuisance at farm statue held for bohr and comfirmed count make a case for irrationality CASE Taking gov can take land for public use w just compensation Regulatory taking regulated lad so much that takes away all economic value What was held in the Davis v West case The Trial court granted What are the three key functions of the legal system influencing summary judgement for Radoff as he was entitled to derived judicialbehavior conflict behavior social stability and change immunity Davis appealed but the court affirmed that Radoff was under Law collective rules or principles human behavior judicial immunity CASE Damages designed to punish keep them from doing it again Failure to take action by the other party is called default judgementpunitive damages Federal district court uses who as trier of fact juries or judge Who creates statutory law legislature How many federal districts are there in the court system 94 What does statutory law consist of federal laws state laws and How many courts are in the U S Court of Appeals 12 municipal laws Who deals with the issues and reviews most decisions in the U S Court Who creates a statute Congress of Appeals panel of judges 3 Who makes regulations Agencies All active judges in a circuit will hear a case is called en banc Judiciary interprets laws proceeding Common law England precedents What is the highest court in the country U S Supreme Court looking back through precedents or the use of this precedent is Application to go to Supreme Court grant ok deny it go back to lower called Stare Decisis court is called writ of certiorari true or false common law varies by state true The Supreme Court reviews cases from district courts U S appeals Davis v Baugh Industrial Contractors Inc is an example of state supreme courts how common law changes CASE Govern procedural aspects of litigation is called Federal Rules of Civil Above reversed and