Rights and obligation are governed by , while the process to obtain remedies is the province
of .substantive law
. procedural law.
Federal laws are established by .Constitution and by laws passed by Congress or the People.
The federal trial court is .the
Subject matter jurisdiction of calf. state courts. .Limited civil casesand des not exceed
Unlimited civil cases and exceeds over 25,000.00
The two types of cases have different procedural rules.
State courts must hear eminent domain proceedings,
diversity of citizenship .is a basis for federal jurisdiction over parties from different states
superior court .superior trial court in Cal
depublish .is an action of the state supreme court eliminating the precendential value of
retaining the result.
Federal courts derrive their power . to render and enforce judgements from the US Constitution
and from laws passed by Congress and the people.
Inferior courts are . the US districts courts and the US district courts of "appeals".
The US district courts a
Written hourly fee agreements are required when the fee may be over .1000.00 or if the lawyer
will be entitled to some portion of the recovery from the case, called a contingency fee.
During the initial client interview the firm considers five factors whe
What is the unauthorized practice of law? .Giving legal advice w/o membership in the state of
What type of advertising is permitted by the Rules of Proffesional Conducts? .Thruthful
advertising, properly identified as such.
How do the Rules of Profes
Sole proprietorship is . an ownership by a single person
Partnership . a legal entities where partners own the buss.
The process of civil litigation .is civil procedure
The source that govern the litigation process are: .statutes, codes and rules.
What are the three essential events in litigation? .Pleading
Substantive laws; .are legal principles that define rights and obligations
Civill Procedure; .statutes and rules that govern the process of litigation
Local Rules are .rules adop
Sources of California procedural law for the state courts are found in the .Code of Civil
Procedure and California Rule of Court. CCP & CRC
The most important of federal procedural law is .the Federal Rule of Civil Procedures FRCP
The prelitigation phase
four sources of litigation and rules for California .California Code of Civil Procedure CCP
Evidence Code EC
California Rules of Court CRC
local rules adopted by each jurisdiction
The four most important sources in federal litigation practice. Federal Rul
38. John is driving his car 90 mph in a 45 mph speed zone. The roadway is windy and hilly, a
two-lane road. The car tops a hill just as a farmer pulling a wagon with a tractor is crossing the
road. John is
unable to avoid the tractor and hits it. The farm
In Texas the definition of serious bodily injury does not include permanent disfigurement.
32. In Texas, a murder can be reduced to a 2nd degree offense, if the jury or judge finds the
acted under the influence of sudden pa
27. Jim has lost his job and his wife has left him. He is despondent and angry at the world. After
drinking a bottle of tequila, Jim obtains a rifle and goes to the local shopping mall. He begins
shooting randomly at the shoppers. After ten shots he runs
In Texas a first degree murder has a range of punishment up to 99 years or death.
An individual must be born and alive before he falls within the scope of coverage of thee Texas
criminal homicides statutes.
a suicide is a form of homicide.
Generally if often the killing is purposeful or intentional it is considered a 2nd degree murder.
Most criminally negligent homocide cases involve violations of traffic laws
Texas has about _ murder each year
Texas has about _ deaths each year caused by drinking drivers.
Our text defines a _ as one human being causing death of another human being.
Mayhem This is INTENTIONAL BODILY MUTILATION (i.e. a Specific intent crime!)
The intentional and wanton removal of a body part that would handicap a person's ability to
defend himself in combat.
The meaning of the crime later expanded to encompass any mut
Self-Defense under CL Under CL,
this is an affirmative defense where:
1) Def is NOT the initial aggressor (not enough to commit a larceny or any act that doesn't use
2) Def must be resisting IMMEDIATE or IMMINENT unlawful harm to himself
if Statute is Silent on MR? Under NY Penal law,
this does NOT establish strict liability. Rather, rosecution must prove he acted either
Mistake of FACT (commonly tested on the bar) This type of mistake (and DEFENSE) exi
What is an ACTUS Reus, and what is NOT this IS:
VOLUNTARY PHYSICAL act OR failure to act
this is NOT:
OR, REFLEXIVE or CONVULSIVE Acts
OR, UNCONSCIOUS (E.G. sleepwalking; HYPNOSIS), BUT if you decide to operate
something while you still hold