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Exam One Study Guide

Exam One Study Guide - EXAM ONE STUDY GUIDE Sources of Law...

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EXAM ONE STUDY GUIDE: Sources of Law Constitution (Supremacy Clause) Codified Law (Statutes and Ordinances) Administrative Law Case Law Common Law Remedies Equitable v. Legal Stare Decicis Similar cases should be decided ________________ Civil v. Criminal Differences Personal Jurisdiction Resident Non-Resident (what’s the test?) Property Original v. Appellate Jurisdiction Federal Jurisdiction _______________ OR _______________ AND _______________ Exclusive v. Concurrent What must go to federal court? Exclusive to fed: admirality, antitrust, bankruptcy, su govt, intellectual property, federal crime. Exclusive to state: fam law, adoption For the rest it is concurrent jurisdiction. Venue: once a court has proper jurisdiction, where in the jurisdiction are we going to try the case, where is it most convenient, sometimes will ask for change due to publicity, bias, etc. Standing: are these the right parties, is this really a controversy? You cant ask the court for an advisory opinion. Court Systems (State and Federal)- district, appellate, supreme Writ of Cert: have to ask supreme court for this to hear case, you have to convince
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4 supreme court justices your case is worth hearing. ADR: negotiation, no lawyer necessary, Mediation: non binding Arbitration: panel of arbiters that decide the case, it is binding. Stages of Litigation Pleadings (what are they, what’s in them) o Complaint- please sufficient courts to convince that court has jurisdiction, that you have made legal cause of action, remedy. o Answer: admit or deny allegations, raise affirmative defenses, counterclaims o Reply: if there is counterclaim Pre-trial (motions, methods of discovery, pre-trial conference) o Motions: to dismiss, for summary judgment- the only difference is the timing, summary judgment is when there is no disputed material facts.
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