1-3 chapters Flashcards
Constitutional law
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
Statutory Law
law(status ordinance) that have been adopted by federal and state and local law. this laws cant violated the constitutional law.
administrative law
is the rules and orders and decisions of federal or state or local law reinforcements
remedies at law
means remedies that are money or items of value
remedies inequity
means remedies that associate with performance finishing a contract )
4 the type of school of though
natural law, positive school, historical school, legal realism.
natural law
the people who believe that no matter what there is a natural law the cover everyone. a universal law
positive school
a person who things that we should follow the law no matter what to prevent anarchy
historical school
a person who believes that we should rad the law and interpreted it as we see fit in current times
9 types of jurisdiction
personal, property, subject matter, original, appellate, federal, concurrent, exclusive, jurisdiction
personal
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
property
if the property is located with in the boundaries the a certain court has power over it
subject matter
it limits the court into what type of cases it can listen
- limited jurisdiction: limited to a certain topic such as divorce
- General jurisdiction when a curt has a larger array of issues
original
are the courts the have the authority to hear the case for the first time. (trial courts)
Appellate
are court in which appeals and reviews take place
federal
it broken down into two types
- federal questions- when a plaintiffs reason for its action comes from us constitution or treaty or federal law
- 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
concurrent
when federal and state have the right to hear the case
exclusive
when only one of them can hear the case
jurisdiction in cyber space
hard to find jurisdiction because is cyber space
3 type of courts
trial courts, intermediate appellate court and supreme court
trial courts
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
intermediate appellate courts
review decisions of the other courts and then there is alternative dispute resolution: negotiates, mediates, and arbitration
type of pretrial procedure
pleadings, pretrial motions, discovery, pretrial conference jury selection
type of pleadings
plaintiffs complain and the defendants response
pretrial motions
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
discovery
consist of deposition, interrogation, request for the facr papers prof
pretrial conference
talking between the defendant and the plaintiff to see if they can settle it before going to court
jury selection
jury from a pool of perspective jury that see both lowers ask questions to one another
trial procedures
opening statement examination of witness closing arguments and vederict
post trial options
motion for a new trail if the judge believes jurywas wrong in the decision
motion of not withstanding the verdict
apealing
