Civil Pro - Civil Pro. Civil Cases- Must prove defendant is...

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Civil Pro. Civil Cases- Must prove defendant is liable “by a preponderance of the evidence.” Which is less than Criminal “Reasonable doubt.” Egregiously – (obviously bad or offensive). 1 st , must find out if person has a claim, and if so, against who though substantive law (Rights and obligations of people). Vindicate – to clear an accusation. Ephemeral – lasting for a markedly brief time (like insects living for only a day). Cede – to surrender possession of. To yield. Enumerate – To count off or name one by one. Two major are heard in federal court. 1) diversity of citizenship. When 2 people from two different states has in issue that involves more than $75,000. 2) Federal question, where plaintiff claim arises under a federal law. Most can be filed in state court (even the diversity of citizenship one). Plaintiff has the power of for a (to choose). If Plaintiff chooses state, can only appeal in that state, if federal, only can appeal to federal. Only exception is USSC can review cases after the highest state court, but it has to be reviewed only as a matter of federal law. Doctrine of Harmless error – used by the appellate court to state that even if the trial court was held in err, it does not affect the outcome. Doctrine of Precedent – Policy of the courts to abide by or adhere to principles established by decisions in earlier cases. Aka Stare Decisis. A motion – a request for an order. Judges are usually passive and reactive, however they will intervene to protect witnesses from harassment and to shield the jury from irrelevant or prejudicial evidence. Cathartic - A release of emotional tension, as after an overwhelming experience, that restores or refreshes the spirit. Auspices – someone who observes omens Assailed - To attack with or as if with violent blows; assault 2. To attack verbally, as with ridicule or censure Service of process – act of delivering a writ or summons upon someone. Paintiff can’t always sue at “home.” The courts must have personal jurisdiction over the defendant. Fora is short for forum. Tenable – Capable of being held against assault Adjudication – To hear and settle a case by judicial procedure Preclusion doctrines – parties can’t re-litigate some issues already decided, and bar a plaintiff from raising things that she could have already raised in an earlier case. Joinder devices – to compile people into the lawsuit Delineate – to sketch out Chap. 2 – Personal Jurisdiction A. Intro a. Plaintiff must decide where to sue first, by deciding which court has jurisdiction. b. Two types of jurisdiction b.i. Subject matter jurisdiction b.i.1. Like probate, and family law can be completely separate courts then general
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b.ii. Personal jurisdiction b.ii.1. Which court has the authority to make decisions binding on particular parties. b.iii.
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

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Civil Pro - Civil Pro. Civil Cases- Must prove defendant is...

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