Exam One Flashcards by Alexandra Jackson

Being dishonest about the legitimacy of your assets and debt

BANKRUPTCY FRUAD

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Given out at the start of representation

FLAT FEE

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The fraudulent making or altering of any writing in a way that changes the legal and liabilities of another (Fake ID).

Forgery

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Final decision of the case

Judgment

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Information regarding the lawsuit:

Informs of lawsuit

Date of Response

Where to file response

Summons

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There is a time limit to prosecute a crime

Statute of Limitations

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Any evidence obtained in violation of the accused’s Fourth, Fifth, or Sixth Amendments rights, as well as any evidence derived from said illegally obtained evidence, is not admissible.

EXCLUSIONARY RULE

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Unlawful entry into building with the intent to commit a felony. No force of fear, and entry in a building not just a home

BURGLARY

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A smaller punishment of less than a year.

Misdemeanor

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A body of rules of action or conduct prescribed by the controlling authority, and having legal binding force

2.Rules enacted by government authority that govern individuals and relationships in society

Definition of Law

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Buying and selling stocks on the base off of non-public information

Insider Trading

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The losing side disagrees with the final decision and the rational of how the case came to an end

DISSENTING OPINION

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Fundamental law of the land, established the limits and power of government, establishes legislative, executive and judicial branches of government

U.S Constitution

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Interrogatories, request for production of docs, depositions, request for admissions, request for examination

5 Discovery Tools

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Talking to the other side trying to conclude w/o a trial

Negotiation

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Not enough evidence has been presented for a jury to rule in the other side’s favor. This is directed to the judge in an attempt to bypass the jury and give the court a direct verdict.

MOTION FOR A DIRECTED VERDICT

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Over the person, usually through: residency, doing business in the state, submission to the jurisdiction, place of the transaction/incident

Personal Jurisdiction

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Only handle certain cases

Limited Jurisdiction

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A defendant must have a stake in the conflict

Standing to Sue

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Everyone came to the same conclusion

Unanimous Opinion

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Wrongfully taking and carrying away another’s personal property with the intent to permanently deprive the owner of the property

Larceny

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The place where the case originates

ORGINAL JUSRIDICTION

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Both sides engage a judge and present documents and make arguments about evidence before a trial

Mini trial

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The judge agrees with the final decision, but not the way the court got there

Concurring Opinion

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When the government wrongfully passes an ordinance or law that deprives you of your life, liberty or property for sufficient purpose

Substantive Due Process

Third-party interference or neutral party that talks with both sides to come to a resolution, it is court ordered but not binding

Meditation

The last court that decides to rule on it is final

US COURT OF APPEALS

A court of appeals, only deal with appeal, no new trails

APPELLATE JURISDICTION

A request for relief from the court prior to the ultimate disposition of a lawsuit, asking the court to do something

Motion

The place within jurisdiction where the trail is held

Venue

Before the government takes something from you, they have to give you notice they have to give you an opportunity to be heard by an impartial decision maker

Procedural Due Process

Throw out the complaint due to a technical flaw

MOTION TO DISMISS

Freedom from excessive bail, Freedom from excessive fines, Freedom from cruel and unusual punishment

The eighth amendment

The evaluation if there is sufficient minimum contacts for out of state defendants

Long Arm Statue

A wrong against society, defined in a statute and punishable by fines, imprisonment, or in rare cases, death

Crime

Similar to U.S Constitution, this creates legislative, judicial and executive branches of state government

STATE CONSITUTION

The complaint is not answered, and the judges give them everything they asked for

DEFUALT JUDGEMENT

Judges most follow precedent

Stare Decisis

Right to a speedy trial

Sixth Amendment

Citizens of two different states, the amount in controversy is over $75,000

DIVERSITY OF CITIZENSHIP

A subset of misdemeanor, comprised of the least serious criminal offenses such as traffic violations and jaywalking

petty offence

Is a witness's sworn out if court testimony, It is used to gather information as part of the discovery process and in limited circumstances, maybe used at trail

Deposition

The judge doesn't need to go any further than the pleadings, they were agreeing upon, and the case can be determined. "We agree on the facts"

MOTION OF JUDGEMENT ON THE PLEADINGS

Non-binding practice trial

SUMMARY JURY TRAIL

Before a law enforcement officer engages in "custodial interrogation:" they must inform the defendant of the following: you have the right t remain silent and refuse to answer any questions...

Miranda Rights

The authority to speak the law More than one court may have __ over Must have __ over either persons or property Must have __ over subject Matter

Jurisdiction

Came from old English System, judge usually followed earlier decision that resolved similar disputes

Common Law

Prohibition f "double jeopardy", Right not to incriminate oneself, right to due process

FIFTH ADMENDMENT

As a consequence, rights established under deeds, wills. Contracts, and the like in one state must be recognized by other states

The Full Faith and Credit Clause

Setting your own property on fire for your own benefit(Insurance)

Arson for Profit

Where lower court decisions are reviewed, look at issues of law

Appellate Courts

The study of Law

Jurisprudence

Congress has the power "regulate commerce w/foreign nations & among the several states, and w/the Indian tribes

COMMERCE CLAUSE

The guilty can be fined, imprisoned or both. Creates either a felony or misdemeanor

Criminal

Legal requirement for liability

Preponderance of the evidence

Three(3) (Four in Wisconsin), Each side gets these, they can eliminate a juror for any reasons except a protected reason (gender, sex, race, age)

Peremptory Strike

Not admitting fault or guilt but expecting the responsibility

No contest

"Beyond a reasonable doubt" that each they and every element is satisfied

CRIMINAL BURDEN OF PROOF

Asking or receiving money or gifts influence a public decision, the crime occurs when the offer is made

Bribery

Alford Plea

a guilty plea in criminal court where the defendant does not admit guilt but accepts a sentence

A substantive law creates or defines legal rights and obligations

True

The difference between remedies at law and remedies in equity is:

Remedies at law consist of an award of money or property, while remedies in equity involve ordering someone to do or not to do something

Laws that define, describe, regulate, and create legal rights and obligations are known as:

Substantive Law

What are the five discovery tools

1. interrogatories 2.require production of docs 3.despostions 4.request for admissions 5. request for examination

What is the Motion to Dismiss

defendant requests that the court dismiss a case brought by the plaintiff.

A motion for judgement

is when one party asks the court to decide the case based only on the written documents already filed, without going to trial.

Motion for Summary Judgement

is a request made by a party in a lawsuit asking the court to rule in their favor without going to trial.

Contingency Fee

You only have to pay fee if you win, or there is a settlement but you might have to pay them 1/3 etc

Retainer Fee

Lawyers get paid in advance, if they don’t know they will request a fee until they work through and they will also need another fee

Fiduciary Duty

Is a relationship of trust

Stare Descisis

promotes legal continuity and helps ensure that similar cases are treated alike, fostering fairness and reliability in the judicial process.