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L S 3323studyoutlineformidterm.s08

L S 3323studyoutlineformidterm.s08 - General Outline for...

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General Outline for the 1 st and Midterm Exams LS 3323.002 Spring, 2008 [Note: Exam 1 will likely cover Assignments 1-3. The midterm will cover Assignments 1-7.] [Note: This study outline is to aid you in preparation for our midterm exam. I’ll try to be as comprehensive as possible with topics, but it is your job to fill in the details. Among your study responsibilities is to read the text as it relates to topics we cover in class.] Assignment 1: Introduction to Law and the Common Law Be prepared to differentiate the Common Law System of the U.S. and the Civil Legal System. How do the differences between these legal systems affect their sources of law? What are the decision making choices of a common law court (such as the Nebraska Supreme Court in the four cases)? What are our recurring themes? Differentiate Substantive from Procedural Law. Differentiate Public from Private Law. Assignment 2: Dispute Resolution, Courts and Litigation Differentiate Arbitration from Mediation. When does Arbitration work best? Why? o Arbitration works best when parties consent to it in advance Be able to state the basic statistics associated with litigation and to explain what happens to cases that don’t reach trial. o 3% of filed cases reach trial o Of actual trials, plaintiffs tend to win about 50%. o If a case does not make trial is either thrown out, or dismissed, or settled out of court. Be prepared to discuss fully the differences between LAW and EQUITY. o See Assignment 2 Notes What is “judgment proof?” How does it relate to law and equity? o A defendant is “judgment proof” if he hasn’t sufficient assets to pay on a judgment. o What is the Statute of Limitation? Relate the “Discover Rule” to this statute. o Statute of Limitations – rules governing how quickly those who wish to protect their legal rights must file their claim o The Discover Rule – the Statute of Limitations begins to run when the plaintiff knows or has reason to know she was injured and knows or has reason to know that the plaintiff may have caused her injury
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Be fully prepared to deal with subject matter, personal and in rem jurisdiction. i.e. You will be strictly responsible for determining where a case will be tried. o Subject-matter jurisdiction – what court can hear this type of case (federal v. state courts) o Personal jurisdiction – what court has jurisdiction over these parties? Or over this thing (real estate, marriage etc.) to require an out-of-state defendant to defend a case in your state (i.e. to demonstrate that defendant has the minimum constitutional contacts within your state), you must show one of the following: the defendant was physically in that state and was involved in a transaction or occurrence provoking the plaintiff’s claim OR the defendant affirmatively sought to do business in the plaintiff’s state.
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