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Final

Procedural History

What happens in a case prior to concurrent court, what happened in the legal system before this case was decided

Citation

Where to find a case

Issue

Question before the court

Reasoning

Applying facts to the case in law

Actus Rea

Physical element of a crime

Administrative Law

the body of rules and regulations and orders and decisions created by administrative agencies of government

Holding

Final decision of the court

Devise

Gift Of Real Estate, (law) a gift of real property by will

Bequest

(law) a gift of personal property by will

Executor

a person appointed by a testator to carry out the terms of the will

Exordium Clause

introductory clause of will-identifies testator, domicile, statement that it's a will, revoke prior wills

List 4 types of evidence

Witness
Exhibits
Stipulated facts
judicial facts

list the pleading by the defendant

Cross Claim
Counter Claim
Third Party Action

Demonstrative Tools

Tangible items that depict, display, or demonstrate a fact

Actus Reas

The physical act of a crime, the physical part of the crime; the guilty act

Knowing act

An Act that is performed knowingly and willfully

Mens Rea

(law) criminal intent; guilty mind of a criminal

What is the purpose of punishment

t, rehabilitation, restraint, retribution and deterrence

Hearsay

Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement

Lay Witness

an eyewitness, character witness, or other person called to testify who is not considered an expert(must testify to facts only and may not draw conclusions or express opinions

Expert Witness

one who has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue within that area of expertise

Interrogatories

Written questions for which written answers are prepared and then signed under oath; When the plaintiff wants to know what the defendant has to say

Deposition

(law) a pretrial interrogation of a witness: When the plaintiff wants to know what the defendant says

Discovery Tools

Pre-trial methods used by trial lawyers (such as subpoena, deposition, interrogation, motion to procure documents

Components of a motion

Supporting affidavit
Supporting Exhibit
Certificate of service
Proposed Order

Answer

the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff; uses the same format as a complaint, answers all questions in the complaint, has to be filed in 20 days, admits, Denies, or partial denies what's in the complaint

Parts of a complaint

Document title
docket number
identity of parties
jurisdiction and venue

Stipulated facts

Points or documents agreed upon as accepted, factual evidence by all parties prior to the trial. These may be referred to by either attorney or any witness who submitted them during questioning.

Circumstantial Evidence

(indirect evidence) evidence used to imply a fact but not prove it directly

Challenge for a cause

When you are eliminated from jury panel because of your job

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Insanity plea

A claim by a defendant that he or she lacks the soundness of mind required by law to accept responsibility for a criminal act.

Intoxication

When a defendant is rendered incapable of understanding the crime committed,: ,

No contest

the person doesn't admit to guilt but will not fight the prosecutions case; effect is the same as guilty plea

Premeditation

(law) thought and intention to commit a crime well in advance of the crime: The difference between 1st and 2nd degree murder

Federal Prison

Where you will spend time if you rob a bank; murder someone

When someone get 18-36 months where do they serve time

County prison

Misdemeanor

a minor crime; punishable by less then 1 year in prison

preemptory

when the jury knows the parties involved

Substantive law

rules that define legal rights and duties

Who can serve a copy of the complaint?

any non party adult

testator

a person who makes a will

Batman offers Robin 5000 for a costume, Robin counter offers 3000 and Batman says he will take 4000-how many contracts are involved here?

3

Chapter 13 bankruptcy

propose a plan for using future earnings and assets to eliminate debts over a period of time

Chapter 7 bankruptcy

Chapter of the Bankruptcy Code providing for liquidation of the debtor's assets in order to repay the creditors; certain assets or aggregate value of assets of the debtor may be exempt based on state law.

Do open ended questions occur during opening statements?

No

Final jury charge:Does the judge instruct the jury on proof; elements of law and statutes?

yes!

Is the testimony reviewed during jury charge?

No

jurisdiction

the right and power to interpret and apply the law

what is the power of the federal government to hear a case where state law conflicts with the constitution?

Supremacy Clause

Criminal Law

group of laws that defines and sets punishments for offenses against society

Civil law

law concerned with private wrongs against individuals

substantive law

rules that define legal rights and duties

Federal circuit court

Intermediate appellate Court

judicial branch

Supreme Court; interprets law

Executive branch

president and cabinet; enforces the law

Legislative branch

congress; makes the laws

Regarding trial: Is redirect limited to scope?

Yes

Must the plaintiff present before the defendant?

Yes

Statutes of fraud

From Common Law, if you want to enforce the contracts you enter when breached and suit files, it must be in writing.

What is not a main type of tort?

Personal torts

What type of court is Cumberland common pleas?

trial court

burden of proof

The obligation imposed on the prosecution to present sufficient evidence of guilt to justify a conviction

In civil law: burden of proof falls on the plaintiff-

Preponderance of the evidence

Civil law

law concerned with private wrongs against individuals

Criminal law

group of laws that defines and sets punishments for offenses against society

Is the verdict on jury charge?

No

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