Midterm Study Guide

Midterm Study Guide - BLaw Midterm Study Guide, Ch. 1-15...

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BLaw Midterm Study Guide, Ch. 1-15 Stare Decisis : -Latin phrase meaning “to stand on decided cases” -Relieves courts of having to reinvent legal principles for each case brought before them (case precedent) -Judge made law based on precedent -“The judgment stands” Precedent: -Judicial decisions that give rise to legal principles that can be applied in the future cases based upon similar facts -Rule created by a previous court decision -Precedents are positive law (along with statutes, constitutions, and regulations) and are referred to as binding authority and must be followed Case law: -Plaintiff V. Defendant -Case briefs: facts, issue, holding, reasoning/law Judiciary role in American Government: - Judicial review established by the U.S. supreme court in Marbury v. Madison -Supreme Court has the power to strike down laws made in court that conflicted with the constitution In Personam Jurisdiction: -Power of a court to compel the presence of the parties to a dispute to appear before the court and litigate -Two things needed to declare in personam jurisdiction:
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1. Service of process : defendant must be served with a summons that has a copy of the complaint attached. Tells them that they have been sued and that they have a certain number of days to answer. Plaintiff can get default judgment if the defendant fails to answer the summons in time. 2. Minimum contact : defendant had some connections with the forum state (where the law suit is pending) - Long Arm Statutes : statutes that describe particular activities that constitute minimum contact in determining whether a state has jurisdiction over a nonresident who has not been served with process within the state -Corporate Contacts: does business or advertises within state -5 th amendment: No one can be deprived of life, liberty, or property without due process of law. Requires adequate notice and a fair and impartial hearing Original and Appellate Jurisdiction: -Courts of original jurisdiction is where the case started (trial courts, lowest rank of courts) -Courts of appellate jurisdiction have the power to hear an appeal from another court. Getting into Federal Court: -Procedure: File a motion to remove in state court to get into federal court -Need to meet one of the two requirements: 1. “ Federal Question ”: cases in which the rights or obligations of a party are created or defined by some federal law 2. “ Diversity ”: cases where the parties are not from the same state and the amount in controversy is GREATER THAN $75,000 -Why would you want to get into federal court when you are an out of state defendant? Small towns, everyone knows everyone, could be a “bias trial” Venue: -concerned with the most appropriate location for the trial -State courts: which county in the state -Federal courts: which federal district
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Trial Courts: -Original jurisdiction -Lowest rank -“Courts of record” where evidence is entered in -Opening and closing arguments -Juries are selected -Evidence is introduced -Witnesses are examined and cross-examined
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Midterm Study Guide - BLaw Midterm Study Guide, Ch. 1-15...

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