When the grand jury decides there is adequate

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when the grand jury decides there is adequate evidence to charge the crime and go to Criminal Trial f.i) Rights of Trial – (f.i.1) Right to a speedy trial (f.i.2) Right to a jury trial (f.i.3) Right to counsel f.ii)Burden of Proof – prosecutor must prove - Guilty Beyond a Reasonable Doubt – unlike civil trial – the criminal trial jury must find that the prosecution established the defendant’s guilt beyond reasonable doubt g) Writ of habeas Corpus – after all appeals or if the timeframe has expired, a prisoner can allege that they are being unlawfully detained g.i)Defendants in federal court must bring the writ to federal court g.ii) Defendants in state court may bring the writ in either state or federal court 36) For Courts to hear a case – they must have Subject matter Jurisdiction AND personal Jurisdiction 37) Subject Matter Jurisdiction – the power to decide the type of case at issue
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BUSINESS LAW - CLEP a.i) Subject matter jurisdiction cannot be waived and either party can raise lack of subject matter jurisdiction at any time b) Diversity Jurisdiction b.i)Courts ability to hear cases where the parties are “diverse” which means that the opposing parties are citizens from different states or one of the parties is a citizen of a foreign country b.ii) AND the controversy exceeds $75,000 b.iii) No exclusive, which means state courts can hear such cases c) Federal question jurisdiction c.i) Cases arising under the constitution, federal laws, or U.S. treaties c.ii) Is exclusive, can be brought in federal court only 38) Limited Jurisdiction – federal courts do not have broad subject matter jurisdiction because they can only hear particular cases 39) General Jurisdiction – state courts have broad subject matter jurisdiction to hear any case not reserved exclusively for the federal courts 40) Personal Jurisdiction – power over the party in a case a) When a plaintiff brings his case to a given court, they are granting personal jurisdiction a.i) Can be established in the following way: (a.i.1) Pennoyer vs. Neff – physical presence in the state (a.i.2) Domicile – state of permanent residence (a.i.3) Person consents -by voluntarily appearing in court (a.i.4) International Shoe vs. Washington – defendant has sufficient minimum contact (a.i.4.a) Long-Arm Statutes or Long-Arm Jurisdiction 41) Venue – a geographic limitation -by limiting the courts in which a plaintiff may bring suit a) Where they reside b) Where the events occurred 42) Published Court Decisions a) Most trial courts decisions are not published a.i) Exceptions include: (a.i.1) Federal Court (a.i.2) New York Court (a.i.3) Appellate Court 43) Injunction – a court order telling one side in a case to refrain from or stop certain actions, usually until a court can make a decision a) Can be temporary or pending consideration of the issue at a later trial b) Can be permanent passed at the end of a trial 44) Respondeat Superior – Latin for “let the superior respond” an employee’s negligence in his employment can
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