Differences in pre trial motions . think back to montana speed limit. Question of law versus question of facts. There are two things you can dispute, hey I was only going 80, that is a fact dispute, or hey I was going 90 but that is reasonable and prudent this is a law question. Only can go to jury if there is a fact question. Usually fact disputes are resolved, if there are no fact disputes then a judge can make a summary judgment because it only has to do with the law. Judgment on the pleadings is essentially the same thing, there is no dispute over the facts. The judge can then decide the case. Difference of venue and in rim Jurisdiction in general says should this state have power over this dispute, jurisdiction is a state by state thing. If the court does not have the jurisdiction over the defendant than they cannot hear the case. Venue rule is that the place of the lawsuit has to be reasonable and fair, I live in boulder and I get sued in Colorado I don’t have to go down to Colorado springs. The plaintiff
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This note was uploaded on 09/22/2010 for the course BUSINESS 3000 at Colorado.