Judge-made law made in the gaps left by other sources of law.
"Let the decision stand". Ordinarily judges, in deciding Common Law cases, should follow precedents.
A previously decided case used to decide the current case.
Trial de Novo
A new trial.
Arrangement where the lawyer is paid in case winnings.
Pro se Representation
You have the right to represent yourself in court.
The kind of lawyers you see on TV. They make up 15% of lawyers.
Lawyers who work on lawsuits, not head argue in court. They make up 35% of lawyers.
Involves lawyers preventative law.
An alternative dispute resolution that's more like normal court with binding power.
An alternative dispute resolution that disputes to a 3rd party who suggests compromises that can be rejected or passed.
Ballet asking if someone should leave as judge.
The judge knowingly goes beyond his sphere to lean more towards his own values "for a good cause".
The proper location within a state for a trial.
An alternative to a court hearing; it's quicker. The judge can dismiss (with/without) prejudice. Or if people have already agreed, the hearing will be about how the law relates.
Oral previous of what the witness is going to say.
A list of written questions that parties submit to each other.
Demanding that the other party find relevant documents to turn over.
If you claim injury, you must go to assigned doctor.
Taking potential jurors, test for bias, then randomly pick those who weren't weeded out.
You need direct knowledge of facts. The only exceptions are confessions, excited utterances, and dying declarations.
The judge demands that the jury disregards the bad character evidence in their final decision.
The judge's instructions written to the jury, laws to use.
Standard of Proof
To what extend you must prove the verdict.
Standard of Proof: Criminal
Beyond a reasonable doubt.
Standard of Proof: Most Civil Cases
Preponderance of the evidence.
When the jury cannot reach a verdict, do a new trial with a new jury.
What the jury does to invalidate their verdict.
Where the judge tosses out the jury's decision.
The judge accepts the verdict but reduces the reward cost.
The judge accepts the verdict and adds to the reward cost.
Writ of Execution
Lets the sheriff go to the defendant's house to take stuff and be sold at an auction for collection.
Sets amount amount of money that, if they take your house and sell it, give back money so you can buy new shelter.
Gives you back some of your car's sale proceeds so you can get some other transportation.
Garnishment of Wages
An order to the defendant's employer to send a percent of the defendant's check to the plaintiff to repay debt.
Executive branch power. The president can appoint judges and cabinet members. Jury can reject his decision.
Executive branch power. The president can reject a law and send it back to congress. But congress can override the veto.
Foreign Policy Power
Executive branch power. President gets to decide foreign policies because one man doing it is easier than a group.
Budget powers, taxes, impeach & remove powers.
Judicial review, where court has the power to say what the constitution means.
(Interstate) Commerce Clause
Delegate power, regulate interstate commerce.
Commerce Clause (Dormant)
States can regulate intrastate, but if they're placing a burden on regulation, then there can be an "undue burden" by the fed.
A state to state deal/contract.
Doctrine of Preemption
If the fed is already regulating and there's a "special regulated need", the states have to stay out.
Privileges & Immunities Clause
No state shall pass laws that violate the Ps and Is of US citizens. This prohibits unreasonable discrimination against out of state people.
States cannot pass laws which impair the obligations of contracts. They can't pass a law that changes the "terms" of the original.
Debtor Relief Acts
What the contract clause is made to avoid, so no one can wipe out existing debts or giving themselves more time.
Bill of Rights
The first 10 amendments.
State (Government) Action Doctrine
No government actions means no violation of your rights, only by government do you have constitutional rights. The 13th amendment is the only exception.
Basic rights to blacks.
Giving blacks the right to vote.
Incorporates the Bill of Rights to the states.
Doctrine of Commercial Free Speech
Product has to be legal. Ads must be non-fradulent. Harmful but legal: restrict/ban "ads" on "high impact" media.
Exceptions of Freedom of Speech
Reasonable time/place/manner, dangerous speech, subversive/violent advocacy, defamation, and obscenity.
False-calling danger with the intent to hurt someone.
No right to advocate violence to overthrow the government.
Killing or using violence against someone or a group.
Libel (written) and slander (verbal), injuring someone's reputation by saying false things about them.
Speech that promotes hatred against a religion, race, etc.
How law is defined.
How law is done.
Runaway Grand Jury
When a grand jury convene themselves, even over the "no" of the prosecutor, to bring more people in.
A bargain that most criminal cases do instead of court.
Right to Counsel
Defendant has the right to an attorney.
Prohibition of Double Jeopardy
A person can't be tried twice for the same thing.
No "cruel and unusual punishment".
The judging of the length of a sentence to see if it's unreasonably long.
Repeat Offender Law
If you're a repeat offender, the third is an immediate life sentence. These must be violent felonies.
No "unreasonable searches and seizure".
You can't use evidence illegally discovered.
Fruit of the Poisonous Tree
Illegal evidence leading you to more that you still can't use.
A defined act they did to fit. A guilty act.
The state of mind, defines the degree of crime.
Stealing by using or threatening violence.
Break and enter into someone's place in order to steal.
Involves violating a trust and uses it for their own use.
Deceive/lie to in order to achieve an amount of money.
Cheating on your taxes.
Lying on your assets in court in order to keep things from the creditors.
Falsifying your company's data and/or leaving out your bad information to raise new capital and stocks.
Legally keeping taxes to a minimum.
Illegally avoiding taxes.
Giving someone some of your property to "park it" before the hearing. Then you collect it afterwards.
Insider buys/sell stocks based on info no one else knows but him.