GBLExam1ReviewTopics - GBL Exam 1 Review Topics (Spring...

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GBL Exam 1 Review Topics (Spring 2011) Case Law When a specific case will have a law created after it. Shows that the whole point of court cases and a jury is to determine facts; what should be considered right and wrong When a certain case comes in and it is obvious a law does not specifically outline what should be done, a new law is made. Steps to filing a lawsuit: 1) Plaintiff files a complaint A complaint is a document that outlines what is being charged. 2) The other party files an answer 3) There is a period of discovery where each side can try to learn the other sides information and hopefully come to a settlement. They find out other sides information by interrogatories and depositions. 4) The Plaintiff then presents their side first 5) The other party presents their side 6) They ask the jury for a verdict 7) It can be sent to the appeals court if either the plantiff or defendent does not agree with verdict Deposition: is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. Interrogatories: Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit. #Commerce Clause an enumerated power listed in the US Constitution (Article 1, Section 8, Clause 3) stated the US Congress shall have POWER“ To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes Root of most civil laws Courts and commentators have tended to discuss each of those 3 areas of commerce as a separate power granted to Congress ex. Health-care package, Civil Right Laws Jurisdiction (Authority) A fancy legal way of authority basically Establish the current USA, the central government The majority of power will reserve the state itself - brought on by fear Empower the national government with certain authority – limited power
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All nationals government’s power are traced back to the power of the constitution - if don’t follow it’s considered as unconstitutional draws its substance from public international law, conflict of laws and constitutional law and the powers of to allocate resources to best serve of the needs of the native society Federal Court System Administers cases under the federal laws Separate court systems into two: criminal (jurors make decisions) and civil (dispute among people; Burden of proof if preponderance of evidence ) including district court (general trial), courts of appeals (geographic-based), supreme court State Court System - State district (less than/equal to $25,000), state circuit (more than $25,000), court of
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GBLExam1ReviewTopics - GBL Exam 1 Review Topics (Spring...

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