Overview of the Law Flashcards
Persuasive vs binding authority
e.g. GA Supreme Court can cite similar AL Supreme Court case, but does not have to listen.
What does remedy at law mean?
Money can solve all the problems
What’s Remedies in Equity?
Money cannot make the plaintiff whole again, orders may be given instead (restraining or an injunction)
Doctrine of Laches
A civil legal defense used when someone can’t wait too long (GA personal injury claim statue of limitations is 2 years)
Difference between statute of limitations and Laches
SoL is codified and Laches is a defense type, Laches prevents undue delays in asserting a legal right or privilege
T/F: There’s no punitive damages in contract cases in GA
True
Criminal Law requires a standard of proof involving-
Beyond a reasonable doubt
Civil law requires a standard of proof involving-
clear and convincing evidence/preponderance of the evidence
T/F Misdemeanors can’t be fined over $1,000
True
What’s the sentencing rubicon for misdemeanors vs felonies?
1 year, less is a misdemeanor and more is a felony
within 72 hours a judge must be seen in GA (after arrest?)
True
What are the three biggies in tort?
Intentional torts, negligent torts, and strict liability torts
T/F Causing fear can warrant assault and battery
F: unwanted/offensive infliction of fear is assault, battery requires touching
Describe release forms
What are good places to look for preliminary information?
Police reports, insurance claims, medical records, employment data, death records,
Types of confidential relationships
patient/doctor, married couple, attorney/client
Whats voir dire
“TO SPEAK THE TRUTH” (not Latin)
Parts of a trial
Opening statement, plaintiff’s case, (opt: motion for directed verdict,) defendant’s case (presenting weaknesses in plaintiff’s claim), closing arguments, jury instructions and deliberation, the verdict
Motion for new trial vs motion for appeal
retry the case in the same court, advance the case to the appellate court
What are the requirements for a will?
capacity, absence of coercion or duress (“undue influence”), written down, signed by will-maker, 2 witnesses, notary not required
