GBL Exam 1 Review Guide Chapter 1 Introduction Statute legislation adopted by congress of a state legislature Ordinance laws passed by local government Code Compilations of legislation at all levels of government Legislature Most significant formal written laws Sources of Law Federal Constitution Supreme law of land establishes government and its amendments guarantee basic rights and liberties to the nation State Constitution Laws exclusive to the state not to be in conflict with federal constitution Ours made in 63 it is the 4th and now there is a want for a new one to be written Federal Legislature congress makes statutes U S Code collection of laws series of books State Legislature Michigan Complied Law MLC MI form of US Code MCLA annotated version with notes Local Governments City of EL had laws that affect students tenants etc Administrative Agencies Provide clarity and enforcement of legal acts Every state and fed have one Can pass laws ex FDA Common Law Emphasizing the role of judges in determining the meaning of law Made through the process of appealing judgments in smaller courts Issue The question at hand whether Decision The answer to the proposed issue ruling finding holding Precedent Appellate court rulings that must be obeyed in lower court Stare Decisis Lower courts must follow Slope of Precedent Who has to follow it determined by facts Miranda Rights 1963 Placed in custody while 3 police started asking questions without lawyer got convicted because of what he told the police Sentenced for 20 years because of statements got a lawyer thinks rights were violated because he didn t know them 1966 5 v 4 decision he was convicted by statements the jury may not have known overturned it not free to go but got a new trail with new jury Custodial Interrogation Questioning initiated by police after person is taken into custody deprived of rights in any significant way thus told Miranda Rights 1 GBL Exam 1 Review Guide Chapter 2 The Judicial System United States District Courts Courts of Limited Jurisdiction ex bankruptcy patent claims against the US Courts of General Jurisdiction The power to hear any type of case U S Court of Appeals 11 federal Judicial courts district 9 is most liberal no trials only hearings of errors from previous cases Appeal Right to review case by a higher court U S Supreme Court Court of Last Resort 9 Justices 1 Chief Justice 8 Associate Justices 1st Monday of October until end of June 5 4 Ruling Trial court between 2 or more states Cases against foreign ambassadors Appeals they get to choose what cases they want to hear Cases between circuits confusing a what the law really is Only need 4 9 vote to hear a case Writ of Certioria Supreme court agreed to hear the case Exclusive to federal court jurisdiction trademark copyright patent bankruptcy federal crimes admiralty crimes against the federal government District Court Civil trails with amounts in controversy less than or equal to 25 000 misdemeanor criminal trials DUI shoplifting This court is responsible for determining both facts and laws of the case Circuit Court Civil trials with amounts in controversy greater than 25 000 Includes divorce custody adoption felony trails appeals from district court Probate Court Nurturing judges of wills trusts and juvenile matters Michigan Court of Appeals Circuit court trial decisions circuit court appellate rulings panel of 3 judges Michigan Supreme Court 7 Justices are elected serving for 8 years Supreme court only hears 1 of cases that are appealed 65 85 a year Exclusive state court jurisdiction state crimes divorce wills trusts adoption Jurisdiction Justice Speaking courts power to hear and rule on a case Concurrent Jurisdiction Could be state of federal court Must have be one of the following interpretation of the constitution federal statute federal treaty and must meet these three requirements amount over 75 000 complete diversity of citizenship not a case exclusive to state courts Right of Removal petition to remove a case to federal court In personam Jurisdiction dealing with corporations served outside of state if defendant does these in state business contracts to supply goods of services commits a tort owns property subject to the lawsuit Tort A civil wrong other than a breach of contract ex improper crossing of boundaries 2 GBL Exam 1 Review Guide Breach of Contract A party s failure to perform some contracted for or agreed upon act or failure to comply with a duty imposed by law Long Arm Statute Allows plaintiff to serve someone in another state In rem Jurisdiction Jurisdiction over property plaintiff must give notice to tenant Venue of said hearing of trials o Location of the event causing lawsuit where the contract was signed fight happened traffic crashed o Location of land that is subject of suit o Residence of defendant Attorney Client Privilege Communications must be related to representation or securing legal advice law office employees are also limited the privilege survives a court order only the client can waive it Exceptions Client says he plans to commit a crime optional to speak up attorney sues client for breach of contract client sues attorney for malpractice 3 GBL Exam 1 Review Guide Chapter 3 Litigation Plaintiff Part who files civil action Defendant Party being sued Personal Jurisdiction Court must have authority not only over subject matter of the case but also over parties Procedural order of a lawsuit 1 Complaint Formal written allegations and demands for remedies 2 Summons Notice to appear in court requires defendant to file an answer if none then plaintiff wins by default 3 Service of Process Gives notice of the lawsuit to the defendant 4 Answer The written response to the complaint Can either admit deny or claim lack o 5 Discovery Procedures by which party to a lawsuit may obtain info relevant to the case knowledge from the other party or 3rd party a Interrogatories Printed questions to be answered on paper under oath signed returned sent to attorney b Request for production of documents c Request of admissions things that are owned not necessarily the crime that occurred doctor d Request for medical examination plaintiff has to agree to seeing court ordered e Deposition Questions asked to other party witness done in person i Subpoena A court order directing a witness to appear or to produce documents in his or her possession 6 Motions Asking the court to make a ruling or make the other party do something a Affidavits A