review

Question 1

Partial summary judgment motion

Answer 1

the evidence is not in question, Washtenaw county, taking inmates clothes, both parties agree that the clothes were taken, the question is how much should each parties get?

Question 2

How do you make a party participate in discovery?

Answer 2

• Take the party to court
• If the court agrees and the party hasn’t asked for a protection order, the court has many sanction (if the plaintiff refuses we will dismiss the case, if the defendant refuses, there may be fines or other consequences)

Question 3

Does a class action lawsuit require a minimum number of people?

Answer 3

yes

differs from state to state

Question 4

Parallel lawsuits

Answer 4

• has a foot in both criminal and civil law using the same facts but looking for different findings—not looking for the same outcome so it’s not considered double jeopardy (OJ Simpson acquitted in criminal court, but found guilty in civil court)

Question 5

Anglo Saxon legal system

Answer 5

13 colonies out of England with Anglo- Saxon tradition—trial by jury, trial by the peers (lawyers as the questions) (as opposed to inquisitorial, trial by judge)

Question 6

In Rem jurisdiction

Answer 6

subject matter jurisdiction= is the court allowed to decide this kind of dispute) (does the court have power over the people (defendant) being sued, in personum jurisdiction) (minimum presence—never been to Montana, no business in Montana, can’t be sued in a Montana court) “Over the thing/place” courts have the right to decide dispute if ….

Question 7

Stara desisis

Answer 7

let the decision stand”, if there is no predictability in your legal system it wll not serve you at all, if an issue is decided, don’t change your mind (except for very good reason) stara desisis and case law are similar..

Question 8

Substantial effect

Answer 8

relates to interstate commerce.. Heart of Atlanta.. wheat farming case.

Question 9

For forms of discovery

Answer 9

o Deposition- compelled as a witness to answer questions under oath
o Interrogatory
o Motion to produce- hand saw, let me see your hand saw
o Motion to examine—be examined by a fair doctor

Question 10

Why do we do discovery?

Answer 10

o Encourages settlement because you can see how good the opposition’s case is
o Allows court to narrow and structure the trial if there is no settlement

Question 11

Delegated powers?

Answer 11

everything the constitution says the federal government can do

Question 12

Reserved powers?

Answer 12

everything not delegated to the federal government is reserved for the states (divorce)

Question 13

Marbury VS Madison

Answer 13

Marbury needs paper work done before assuming judgeship, SOS (Madison) is advised by Jefferson to not give papers, Marbury sues for man damus, results in judicial review

Question 14

Long arm

Answer 14

says courts can make you come to court here if you engaged in some minimum contact in our jurisdiction

Question 15

Diversity jurisdiction

Answer 15

parties in two states and amount in controversy must be 75,000 dollars or over, goes to federal law, state law is then applied

Question 16

Dormant portion of commerce clause

Answer 16

state tries to regulate commerce ( even inside the state only) and affects interstate commerce it is unconstitutional (Granholm V Helm—wine from out of state wineries must be sold through a wholesaler—ruled unconstitutional because it gives instate wineries an upper hand)

Question 17

four sources of American law

Answer 17

1) Constitutions (federal and state)
2) Statutes
3) Common Law
4) Administrative Law

Question 18

Substantive law?

Answer 18

define the rights of the parties; requires that a landlord who has signed a lease must deliver the store to her tenant (most of this book)

Question 19

Procedural law?

Answer 19

establishes the processes for settling disputes; requires that to get an injunction against Tracy, you must first notify her in writing of your claims and the time and place of the hearing on the injunction

Question 20

Public law?

Answer 20

refers to the rights and obligations of governments as they deal with the nation’s citizens

Question 21

Private law?

Answer 21

regulates the duties between individuals (Landlord-tenant laws)

Question 22

venue of court?

Answer 22

location where the case is heard

Question 23

subject matter jurisdiction?

Answer 23

 Is the court allowed to decide this kind of dispute? Authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
 Bankruptcy courts can’t hear divorce cases

Question 24

In rem jurisdiction

Answer 24

• • describes the power a court may exercise over property or a status
• • “over the thing/place”—if you have done business in that place

Question 25

Explain in personam jurisdiction

Answer 25

In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title toproperty (in rem) then the action must be filed where the property exists and is only enforceable there

Question 26

long arm

Answer 26

—ways courts can make you come to court here if you engaged in some minimum contract in our jurisdiction

Question 27

article 1 section 8

Answer 27

says Congress can regulate interstate commerce and contains a dormant aspect

Question 28

What is a Complaint?

Answer 28

a short, plain statement of the facts she is alleging and the legal claims she is making * to inform the defendant of the general nature of the claims and the need to come into court and protect his interests

Question 29

How long the defendant have to answer a complaint?

Answer 29

20 days

Question 30

answer?

Answer 30

* the plaintiff will ask for a default judgment, meaning a decision that the plaintiff wins without a trial