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congress not these helpers. Maybe they can advice etc but not able to pass laws that we have to abide by.This would make less laws being passed bc these regulations cant make laws.•If a company had this convo of what we would do a few years before competitors, it could be a competitive advantage.Exam Review:•30 question •MC test. •60 min test. •About half definition type questions.oWhat a legal idea isoOr define it
•Other half are application type questionsoScenario type question•Most all come from lecture material•25 on lecture materialoreflect amount of class time on a topic•5 on reading assignmentobig picture questionBook NotesCh1:Precedent: The obligation to decide current case based on previous rulingsCommon Law: judge-made lawStatue: A law passed by a legislative bodyEquity: A courts power to fashion a remedy, such as an injunction, which the common law does not provide.Criminal Law: Prohibits or requires certain behaviorCivil Law: civil law regulates the rights and duties between partiesSubstantive Law: Defines the rights of the partiesProcedural Law: establishes the processes for settling disputesJurisprudence: the Philosophy of lawSovereign: The recognized political power, whom citizens obeyKuehn v. Pub Zone: Pub where she knew gang members came in. Had a sign etc. Decision was reversed and Pub did have a duty to protect the guy from the attack.Ch 3Litigator: Lawyer who handles court casesLitigation: The process of filing claims in court and ultimately going to trial.
Alternative Dispute Resolution: Any formal or informal process used to settles disputes without trial.Trial Courts: Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisionsJurisdiction: A courts power to hear a caseAppeals courts: generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law.Error of law: A finding by an appellate court that a law was misapplied or misinterpreted.Appellant: The party filing the appealAppellee: The party opposing the appealBriefs: Written arguments on the caseReversed: NullfiedAffirmed: Permitted to stand.Federal Question: A case in which the claim is based on the US Constitution, a federal statue, or a federal treaty.Diversity Jurisdiction: The plaintiff and defendant are citizens of different state and the amount in dispute is greater than 75,000.Writ of certiorari: A petition asking the Supreme Court to hear a case.Pleadings: The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a replyComplaint: A short, plain statement of the facts alleged and the legal claims made.Default Judgment: A decision that the plaintiff wins without a tiral because the defendant failed to answer in time.Counter-claim: A second lawsuit by the defendant against the plaintiff.Reply: An answer to a counter-claimClass Action: One plaintiff represents the entire group of plaintiffs including those who are unaware of the lawsuit or even unaware they were harmed.