89 Cards in this Set
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law
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ENFORCEABLE RULES GOVERNING RELATIONSHIPS AMONG INDIVIDUALS AND BETWEEN INDIVIDUALS AND THEIR SOCIETY.
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legislative, judicial, executive
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what are the 3 branches of government
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judicial
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which branch interprets the laws
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legislative
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which branch makes the laws
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executive
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which branch enforces the laws
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US constitution
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the framework or skeleton for the laws. The supreme law of the land
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US constitution, state constitutions, statutory law, case law, english common law
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5 sources of American law
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10th amendment
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the __ ______ reserves all powers not granted to the federal government to the states
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7, 27
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there are __ articles and __ amendments in the US constitution
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freedom of religion, speech, petition, assembly and press.
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amendment 1 protects against:
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slander, threats, and harassment
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what are the 3 exceptions to the first amendment?
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cannot
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state constiutions (can/cannot) violate the US constitution.
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statutory law
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written law
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US congress,
state legislatures
municipal ordinances
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statutory law:
-federal level _____
-state level______
-local level_______
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fed-prohibit employment discrimination
state-criminal laws
municipal-renting hotels
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give an example of each level of statutory law
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case law
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judge made law; promotes stability of our laws. Includes interpretations of constitutional provisions, statutes, and regulations
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english common law
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a body of general rules that applied throughout the entire English realm; body of law developed from custom or judicial decisions – not made by legislative body-traditional law, mostly originated in England.
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legal precedent
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english common law also sets a ___ _____- a court decision that furnishes authority for deciding subsequent cases involving identical or similar facts
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stare decisis
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“to stand on decided cases” – common doctrine under which judges are obligate to follow the precedents established in prior decisions-judges are obligated to make decisions based on judges and courts above them.
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legal precedents
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english common law- departures from ___ ___ like roe verses wade and brown verses board of education. It also promotes legal stability and predictability
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plaintiff
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person who brings the lawsuit
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defendant
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person who defends the lawsuit
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remedy
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means given to enforce a right or compensate for violation of a right. Very important for a successful case.
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legal remedies
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a reason to file a lawsuit. ex: failure to pay for goods pursuant to a contract.
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1)civil law
2)criminal law
3)interaction of criminal and civil laws
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what are the 3 classifications of law
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civil law, compensation
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spells out the rights and duties that exist between persons and between persons and their government –Brought in the name of a person. primary remedy is _____________.
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divorce, compensation for wreck damage
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give some examples of a civil law case
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criminal law, deterrence
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wrongs committed against society for which society demands redress. Brought in the name of the state – goal is___________.
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state, offender
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in a criminal case, the ____ is the plaintiff and the ______ is the defendant.
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assault, robbery, murder
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what are 3 examples of interaction of criminal and civil laws?
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punishment and deterrence
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what are the goals of persecuting someone?
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1)US code
2)code of Federal Regulations
3)Alabama Code
4)city municipal ordinances
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Finding the laws: 4 statutes
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1)reporter system
2)Federal district courts
3)unpublished orders
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finding the laws: case law(3 ways)
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trial court
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only one court; present witnesses
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appellate courts (appeal)
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every court after the original trial. Finds out if the judge made the right legal decision and either affirms or reverses the decision.
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trial judge and justices, mostly an appellate judge
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types of judges
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unanimous, majority, concurring, dissenting, per curiam
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5 opinions
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jurisdiction over the persons
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judicial requirements: _____________________ within the state of the residence.
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subject matter jurisdiction
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types of cases heard by a court. Court is authorized to hear a certain kind of case
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probate, bankruptcy, circuit, state district, municipal, juvenile
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name some courts under limited jurisdiction
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appeal(appellate jurisdiction)
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one original trial court and everything after that is a(n) _______.
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to determine whether or not the judge applied the law properly
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why is there an appellate review?
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roe verses wade
she was pregnant when the trial started and by the time it got to the supreme court, the baby was already born.
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There must be a standing issue in order to have a trial. What is the one exception?
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federal question or issue
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first reason to file a case in federal court
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(diversity jurisdiction)
residential diversity of the parties and an amount in controversy in excess of 75000
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second reason to file a case in federal court
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legally protected and tangible interest
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A party must have a _______________________ at stake in the litigation before they can file suit.
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justiciable controversy
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real and substantial issue, not hypothetical or academic
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federal district courts, US courts of appeals US supreme court
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what are the 3 tiers of the federal court system?
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fed district courts
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this tier has trial courts and general jurisdiction
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US courts of appeals
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this tier has 13 circuit courts
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US supreme court
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this tier can pick which cases they hear.
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writ of certiorari
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a request by a party for the US supreme court to hear a case
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4
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at least __ justices must approve a writ before the case will be heard
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100
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Supreme court averages hearing less than __ cases per year
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conflicts among decisions from the circuit courts of appeals and important constitutional issues
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what types of cases are hear by the supreme court
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pleadings,discovery,pre trial matters, jury/ non jury trials, jury selection, the trial, appeals
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name the steps in the process of a civil lawsuit (7 steps)
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pleadings
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documents filed to raise claims and issues
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plaintiff's complaint
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____ _____ initiates a lawsuit
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summons
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a notice that failure to respond within a certain time period may result in a default judgement
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service of process
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delivery of the lawsuit to defendant, or a publication if the person cannot be found
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defendants answer, defendant's counterclaim, assertion of defenses
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what are the last 3 steps in a pleading
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discovery
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finding out about the opponent's case
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interogatories
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written questions
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depositions
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face to face questions on the record( best and most expensive method)
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request for production
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request opponent to produce documents like tax records, medical records, photos etc
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subpoenas
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the last step in discovery is _____ to 3rd parties.
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divorces, juvenile matters, youthful offender, and workman's comp
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what are the 4 types of cases help without a jury?
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voir dire
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questions for potential jurors
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12
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how many jurors in a trial
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opening statements, direct examination of witnesses and testimony, cross examination, closing arguments, jury deliberation, verdict
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what are the 6 steps in a trial
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appeals
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review of transcript of the trial to determine if the judge made any errors of law
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advisor, document drafter, negotiator, advocate
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what are the 4 roles of an attorney?
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WOM, internet, ads
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how do most ppl choose a lawyer
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attorney-client privilege
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communications between client and
attorney are confidential and privileged – can only be waived
by client. Ex: the client can admit that he killed other people but the attorney cannot release the info to anyone.
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court
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the role of the ______-to resolve a dispute
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adversarial system
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an analogy of the ____ ____- like a football game, both play as hard as they can to win but there are rules to be followed.
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jury
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who determines the facts in a trial?
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judge
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who is the referee; they make sure the procedures are followed properly.
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legal remedy? can this issue be resolves thru court system? what are the chances of winning? what is the value of the remedy?
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what are some questions to ask yourself when deciding to file a lawsuit?
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under contract and divorce cases
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in the US everyone pays there own attorney's fees. what are the 2 exceptions?
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fixed fees, hourly fees/rates, contingent fees(lawyer gets % of the winnings)
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what are the 3 types of legal fees?
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final through the legal process
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what is the pro of litigation?
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expensive and unpredictable
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what are the cons of litigation?
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alternative dispute resolution
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says there are other ways to resolve the lawsuit
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negotiation method
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informal discussions
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mediation method
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hired third party mediator assists the parties in reaching a settlement
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arbitration method
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third party renders a legally binding decision
-based upon a contractual relationship
-waives right to file a lawsuit
-held in a diff state sometimes
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mediation
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what is the most common method?
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submission, hearing, award
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what is the process of arbitration?
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LGS 200: TEST 1