1-3 chapters Flashcards

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1
Q

Constitutional law

A

the law that is follow by the us court. State constitutions are okay as long as they don’t violate a clause in federal or constitutional law

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2
Q

Statutory Law

A

law(status ordinance) that have been adopted by federal and state and local law. this laws cant violated the constitutional law.

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3
Q

administrative law

A

is the rules and orders and decisions of federal or state or local law reinforcements

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4
Q

remedies at law

A

means remedies that are money or items of value

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5
Q

remedies inequity

A

means remedies that associate with performance finishing a contract )

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6
Q

4 the type of school of though

A

natural law, positive school, historical school, legal realism.

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7
Q

natural law

A

the people who believe that no matter what there is a natural law the cover everyone. a universal law

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8
Q

positive school

A

a person who things that we should follow the law no matter what to prevent anarchy

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9
Q

historical school

A

a person who believes that we should rad the law and interpreted it as we see fit in current times

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10
Q

9 types of jurisdiction

A

personal, property, subject matter, original, appellate, federal, concurrent, exclusive, jurisdiction

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11
Q

personal

A

is when a person is living in the state the local court has the rule over the case
if the defendant is making business in the state or advertising local court has ruling over the case

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12
Q

property

A

if the property is located with in the boundaries the a certain court has power over it

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13
Q

subject matter

A

it limits the court into what type of cases it can listen

  1. limited jurisdiction: limited to a certain topic such as divorce
  2. General jurisdiction when a curt has a larger array of issues
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14
Q

original

A

are the courts the have the authority to hear the case for the first time. (trial courts)

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15
Q

Appellate

A

are court in which appeals and reviews take place

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16
Q

federal

A

it broken down into two types

  1. federal questions- when a plaintiffs reason for its action comes from us constitution or treaty or federal law
  2. diversity of citizenship. gives jurisdiction to federal court when there is an issue between two people of different states and the amount greater then 75,000 or state people with other country
17
Q

concurrent

A

when federal and state have the right to hear the case

18
Q

exclusive

A

when only one of them can hear the case

19
Q

jurisdiction in cyber space

A

hard to find jurisdiction because is cyber space

20
Q

3 type of courts

A

trial courts, intermediate appellate court and supreme court

21
Q

trial courts

A

state trail court: can hear small cases involving local things
federal court: are courts that have a larger affect much more then a local decision

22
Q

intermediate appellate courts

A

review decisions of the other courts and then there is alternative dispute resolution: negotiates, mediates, and arbitration

23
Q

type of pretrial procedure

A

pleadings, pretrial motions, discovery, pretrial conference jury selection

24
Q

type of pleadings

A

plaintiffs complain and the defendants response

25
Q

pretrial motions

A

motion of relief: either party can request such motion if the other one can raise a claim
motion of judgement: if either party cant come up with prof
motion for summary: same as motion of judgement: but can only be use by using facts that already be given in court

26
Q

discovery

A

consist of deposition, interrogation, request for the facr papers prof

27
Q

pretrial conference

A

talking between the defendant and the plaintiff to see if they can settle it before going to court

28
Q

jury selection

A

jury from a pool of perspective jury that see both lowers ask questions to one another

29
Q

trial procedures

A

opening statement examination of witness closing arguments and vederict

30
Q

post trial options

A

motion for a new trail if the judge believes jurywas wrong in the decision
motion of not withstanding the verdict
apealing