Primary Law is ..... binding
4 examples of primary law
statutory laws: congress bills
Secondary law is not....
Secondary law is not technically law since....
its not legally binding
Examples of secondary law
opinions of law
restatements of law
4 classifications of law
Federal vs state
common vs statutory
criminal vs civil
Common law is the .... branch
Statuatory law is the .... branch
3 levels of court in federal & state
Trial courts of general jurisdiction hear what kind of cases
Trial courts of limited jurisdiction hear what kind of cases
specific cases (bankruptcy)
What are federal trial courts called
US district courts
What are federal appellate courts called?
US Circuit courts
How many circuits are in the US
If a circuit determines a precedent, who does it apply to...
only those inside that circuit
Questions of fact wants to know ....
what happened in this case
Questions of fact only takes place where
trial courts because its where the jury is
Questions of law want to know...
what the appropriate legal ruling is given what happened
Questions of law happen where?
three types of jurisdiction
Two types of cases that can begin in federal lower courts
if you raise an issue that is federal in nature
diversity of citizenship
Who is the only one who can bring up a federal issue
Exclusive vs concurrent jurisdiction
when issues are strictly federal
issues are shared between fed & state
Pendent/ancillary jurisdiction states...
that if at least one plaintiff claim is fed then they are all swept to federal
How can a state issue get into a federal court?
diversity of citizenship
2 requirements to have a diversity of citizenship case
amount in controversy
How to have complete diversity
plaintiff and defendant are from different states
Requirement for amount in controversy
Why is a diversity of citizenship case always concurrent
becasue its never federal in nature or else they would have gone to fed court in first place
What is removal of jurisdiction
where a defendant can transfer a case from state to federal
2 ways removal of jurisdiction can happen
if defense gets sued in state on a fed question
if sues on diversity except of plaintiff sues in defendants home
Personal jurisdiction is the power of the court to...
make somebody answer for what their being sued for
personal jurisdiction Only happens in cases when...
somebody is suing someone in order to get money
3 ways to get personal jursidiction of a defendant (must start from top)
defendant can make a legal appearance
issue a summons
issue a long arm statue
how does a defendant make a legal appearance
responding to the complaint
What is a special appearance
when the defendent appears legally solely for the purpse of challenging personal jurisdiction
What is specail about a spcial appearance
the defendant holds on to the right to appeal later
Summons is what
formal service of lawsuit
What must happened for a summons to be served
defendant must be in forum state and must hand it in person
long arm statue is the last attempt at what
trying to get the defendant to the forum state
To prove a long arm statue one must show...
substantial contact between the defandant and the forum state
2 requirements of showing substantial contact
Substantial continuing contact with the forum state
relates to the type of lawsuit
3 tests to analyze a claim of specific personal jurisdiction
non resident purposely directed actions towards the forum
the claim relates to the defendants forum-related activites
excersise of personal jurisdiction is fair and reasonable
jurisdiction is to power as venue is to
3 typically appropriate venues
county where defendant lives
county where the thing took place
county where the land of the property is
when a court issues forum non connivence what does it mean
when a place has jurisdiction and appropriate but says another court is better
when does conflict of laws happen
when laws differ between states
Choice of law answers what question
what state law governs over the suit
What depends when deciding choice of law
wheter case is a contract or a tort
two choices in a contract suit
how is a party choice decided upon
decided upon in the contract
court will allow a party choice as vaild when? (2)
choice was fair
state chosen must have some connection to the suit
when deciding choice of law when there is "no choice" the state decides by looking at...
either where the contract was made or is being carried out
If its a torts case therese no party choice.. why?
there was the previous decision decided upon since it happened randomly
Choice of law in a torts case depends on...
where the tort occured
two types of remedies
equitable: enforcement to do something
Jury cant handle this type of remedy
3 stages of litigation
the papers that are swapped between the case
the complaint is the... version of the facts
once a plaintiff files a complaint the defendant can file.....
an answer or a motion to dismiss
in the answer you can either...
admit or deny each claim
what is the optional course of action after a complaint is filed
the defense can counter sue
The defense can also asert...
an affirmative defense
an affirmative defense says that even if you can prove the claims as true...
you allowed me to "do" the claim
if the defendant fails to respond...
the court files a default judgement which is an automatic loss
A "reply" happens when?
if the defense brings up a counterclaim the offense must answer to new claims
What happens during discovery
gather facts, info and talking to witnesses
three tools of discovery
production of documents
what is a deposition
a sworn/under oath testimony from a witness
Interrogatories is what?
like a deposition but written on paper
"production of documents" are...
any papers relative to the case
After discovery either side can do what?
apply for a motion for summary judgement
a motion for sumary judgement is only issues when
a through review of evidence indicates there is no genuine issue
how can the defense prevent a summary judgement and go to trial
call an affirmative defense
when are juries present..
during money damages trials
what is voir dire
preliminary questioning of jurors before getting a seated jury
two ways to get someone off a jury
challenge for cause
"challenge for cause" strikes of a jury
each side gets unlimited amount
used to prevent people who are racists blah blah
"preemptory challenge" strikes of a jury
not for any specific cause
cant be about race though
Three types of evidence not allowed
why is hearsay not allowed
it wasnt said in court
what kind of opinion is allowed
what is motion for direct verdict
after both sides have presented their case each can ask for it not to go to jury
Two waysthe judge can give instructons
general: yes or no
Special: let me see you thought process
can a judge rule be appealed?
yes since it is a legal ruling
3 elements to show a judge error on allowing a jury instruction
jury instruction states law accurately
the facts support it
jury instruction must show it was neccessary
2 options available to the losing party
motion for judgement not withstanding the verdict
motion for a new trial
when you ask for motion for judgement not withstanding the verdict you ask the judge...
to overrule the jury
when you ask for a new trial you have a problem with....
Three types of rulings in an appeal court
formal opinion is AKA
is agreeing with the result but not how it got there
is disagreeing with the ruling
two ways to enforce judgement when a defendant wont pay
writ of execution
writ of garnishment
a writ of execution empowers who?
the local law enforcement
a writ of garnishment goes after assests...
that arent on the defendants property
three options for alternative dispute resolution