review 1 (#1-20) 1. identify difference of statute/common law a. statute: elected, dept, congress b. common: created by judges, set precedents i. high level court ii. set of rules 2. Damages a. Civil (private) Damages are cash private people seeking compensations from other private people; almost always money damage (i.e. compensatory) b. Criminal govt. goes after people for breaking the law punitive and compensatory 3.Reversed, remanded, affirmed a.You can appeal if you lost b.Affirmed: higher court found no mistakec.Remanded: higher court found mistaked.Sent back to redo all/some of the case 4. Appeal can only go up one court at a time (mid-level), and needs permission to reach Supreme Court can’t auto appeal to Supreme Court Must ask writ of certiorari Supreme Court picks and chooses which cases it will see 5. Court systems that can go to a. Federal i. Fed national laws (free speech, ex) ii. people/ constitution of difference states AND a $75K+ at stake b. Otherwise, cases go to State courts 6. Default judgment a. If defendant doesn’t respond to court on time, they can lose the case ^ i thought it was they lose the case ^ they do lose the case but are able to appeal if they can convince the court they were unaware of the proceedings (if they didn’t get the summons) 7. Discovery process a. Begins with paperwork b. Tools used, like depositions, interrogatories, and requests for docs c. 90% of Companies docs are electronic now 8. Selecting a jury a. Jury summons b. Challenge for cause i. specific reason c. Peremptory challenge i. Fixed #, no reason needed 9. What makes appeals successful Aa. Jury believed wrong facts – cannot appeal b. Legal error – yes, strong grounds 10. Mediation/arbitration a. Mediation is not binding b. Arbitration is binding, unless you sign a contract beforehand
11. Constitutional unit equal a. Strict scrutiny i. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. - (mainly race discrimination) b. Intermediate scrutiny i. is a test used in some contexts to determine a law's constitutionality. To pass intermediate scrutiny, the challenged law must further an important government interest by means that are substantially related to that interest. - (mainly gender discrimination) c. Rational scrutiny: This is the lowest level of scrutiny applied to challenged laws, and it has historically required very little for a law to pass as constitutional. Under the rational basis test , the person challenging the law (not the government) must prove either: The government has no legitimate interest in the law or policy; or There i s no reasonable, rational link between that interest and the challenged law.
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