midtermstudyguideINTRO TO LAW

midtermstudyguideINTRO TO LAW - INTRO TO LAW CHAPTER 1...

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INTRO TO LAW CHAPTER 1 *Common law- judicial decisions/custom in English and US courts Statutory law (legislation)- legislature- statutes included in the federal code of laws Constitutional law- laws declared unconstitutional Administrative law - carries out duties and responsibilities, ie with employees, procedure (ie SEC, federal trade commission), implement some laws Case precedence (stare decisis) - judges are obligated to follow precedents established in earlier decisions, needs to be in their jurisdiction *Civil burden of proof- obligation to shift the accepted conclusion away from an oppositional opinion to one's own position * preponderance of evidence- standard of proof that must be met by plaintiff if he is to win the case burden of proof- presenting enough evidence to win the case -if the burden is on the state, there is not the obligation of the defendant to present evidence, and must be a unanimous verdict ****difference between civil and criminal *** -beyond a reasonable doubt- adversary system of violation- makes money on two parties contesting by which a judge resides “per curiam” “of the court”…their opinion “action” ------ a lawsuit “motion to dismiss”----- motion w court requesting an order that the case be disposed of without trial of issues involved “contest” ----- oppose, resist, dispute “allege” ---- assert “forum selection and choice of law clause” ---agreement framing dispute between parties in this case “contravene” ---- violate” “remanded: --- sent back REMEDIES Legal remedy- means by which a court of law imposes damages, penalty, payment Equitable remedies Specific performance- party must perform a specific act Restraining order/injunction- court order to do or refrain from acts “real case or controversy”- case or controversy clause- federal courts cannot hear a case that does not have an actual controversy that may be settled by the court Jurisdiction- an area in which the court has the power to apply the law Decisions made by higher courts are binding by lower courts, very rare that precedent changes -jurisdiction may be exclusive or concurrent (shared)
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subject matter jurisdiction- is the authority on a subject **Substantial minimum contacts- when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state…this is a matter of personal jurisdiction (power of the court to hear a claim with respect to a party) Long arm jurisdiction- grant of jurisdiction to local courts over out-of-state defendants, **when do they have sufficient evidence. .? ***Reciprocity of laws- different states will recognize laws of different states (ie that’s why you can drive through diff states) Trial court--- fact finding courts Fact-finding process- complaint, parties, facts gathering the evidence Evidence and testimony- discovery- get info necessary to build case, interrogatories, depositions, bring 3 rd party witnesses Jury/judge decision- **Creation of record- ?? mediation-
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This note was uploaded on 10/13/2011 for the course MANAGMNT 260 taught by Professor Staff during the Spring '08 term at UMass (Amherst).

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midtermstudyguideINTRO TO LAW - INTRO TO LAW CHAPTER 1...

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