Terms for Exam 1 BUSA 2106 Perry Binder J D NOTE For all exams these lists are NOT exhaustive we re responsible for EVERYTHING that occurred in class I ve also posted optional BINDER CLIP notes on my web site www gsu edu rmipzb Plaintiff file a complain against a defendant Prosecutor District attorney prosecute felonies Solicitors prosecute misdemeanors US Attorney prosecutes federal crimes Defendant the person accused of a crime or being sued in a civil matter and a plaintiff must prove every element The state must prove every element of a crime of a civil action Example The elements of Negligence 1 Does the defendant owe a duty to the plaintiff 2 Did defendant breach that duty 3 By proximately causing 4 Damages Palsgraf case Case about the railroad guy trying to get in package falls over and explodes causing vibrations to hurt the lady so lady decides to sue Proximate Cause If a careless act causes damage the jury must decide a Whether or not it was foreseeable to def b Or whether the chain of causation was broken Sources of law Cases judges write their opinions statutes passed by legislatures constitutions states have these and federal gov t does too admin Regulations internal revenue service I R S government pass this Preemption doctrine if there is a conflict between federal and state law federal law wins COURTS I The Court system GA Magistrate up to or less than 15 000 a typical ordinary case GA State over follow courts superior every county has one matters over 15 000 Concurrent jurisdiction you can file them in either place what gets filed where Certiorari a request to the highest court Supreme Court in federal to take your case has to apply for it Superior exclusive jurisdiction not for state court 1 Felonies with the DA offices and prosecute them in superior courts 2 Equity cases matters of fairness which can only be heard by a judge not a jury Examples Declaratory action interpret the meaning of a contract Specific performance request to a judge to make someone do something over a contract Injunction a lawsuit to prevent something from happening ex factory next door is making fumes and toxins so asks judge to get rid of them Quantum meruit suing for the value of the services provided not suing for the contract ex of cleaning for 6 months and contract was for a year reality T V Implied contract when the defendant conducts and his conduct was silence led me reasonable believe I had a contract 3 Divorce family court in GA 4 Title to land disputes over who owns lands or buildings Other GA Courts Juvenile Court Probate Court wills unprivate rusts private estates Family Court only in Fulton County regardless of money amount ex police disregarded the 5th 2 Federal statute 3 75 000 or more AND diversity of citizenship diff states parties both plaintiffs violated a federal statue civil Federal court Three types of ways how to go to federal 1 Constitutional issue amendment AL and defendants GA Caselaw common law Binding precedent Stare decisis let the decision stand if there is a case that goes to the SC then it will lead to different state laws and regulations which will be standing it will not stay chipped in stone Example Today in a trial court judge 2015 1 Higher Court courts on the same level can always change their minds 2 Same Jurisdiction 3 Same facts 4 Same issues Persuasive precedent judge can choose to follow it or not Lee a mom is injured and the daughter is really injured hit and run make claims for the mom s injury the wrongful death of the daughter lost of consortium spouse of mom and property damage and emotion distress Lee wins Abernathy Abernathy suffered some physic trauma at work and decision about paying workers compensation attached in the back Abernathy loses Emotional distress it must be caused by a physical injury to recover for ED Loss of consortium lost of love and affection for your spouse Jurisdiction Pepsi Points case in web reading finding out the points for Pepsi end of commercial is 7 million points for jet gets investors and gets the points Pepsi was lying and did not have a plane Pepsi wins Exclusive only file in a certain place Concurrent can file it in 2 or more places Original lies w the Trial courts Removal Federal right to move for defendant from state to federal if jurisdiction actually exists in Federal court 1 WA Fed 2 FL Fed 3 NY Fed 4 FL state circuit 5 WA state 6 NY state Federal courts go really slow Jurisdiction continued 1 Subject matter asks what type of courts are we trying to file it in What type of case is it 2 Personal can we drag the defendant into our state 3 Long arm statute law that tells us if party has a contract tort or minimum business contract they can drag out of state defendant within state Contract tort civil wrong ex negligence minimum business contacts 4 Venue county within state forum non conviens convenience of the witnesses You can always sue a defendant where they live and work 1 Fulton S S X 2 Bults S S 3 GA Fed Court 4 FL Fed Court 5 Clayton S S state 6 Dade state Main events of a case 1 Complaint 2 Motion to Dismiss 3 Motion for Summary Judgments 4 Trial Discovery can begin on the moment the plaintiff files the complaint Jurisdiction a place a court where plaintiff figures out where to file a complaint For the upcoming COURTS II session Watch the GM Moseley Case on YouTube https www youtube com watch v QU uTuWmtHA COURTS II Due process some arm of gov t interacts with you Substantive Laws must be written clearly put you on notice of what they mean Or unconstitutional void for vagueness overbroad example Loitering place or time not usual for ordinary citizens Procedural every stage of a criminal case U S Constitution Punitive damages for GA it is clear convincing read statute carefully in web reading damages intended to punish a defendant in a civil case 1 Jurors can apportion percentage liability 2 BUT if Plaintiff is 50 or more liable he she gets nothing 1 Intentional Conduct 2 Harmed by a product 3 Every else including gross negligence wildly careless wreckless 100 000 no cap no cap 75 goes to State 75 is unconstitutional cap of 250 000 how much do you recover McDonald s case in web reading Burdens Beyond reasonable doubt 99 criminal standard Preponderance of the evidence 51 Plaintiff has to more right than wrong civil standard Clear and convincing evidence 75 Only if some laws tell to use the stature civil standard Beginning the litigation going to court an actual complaint has been filed process