LGL 110 Midterm Part 2 pedigo tcc

Quantum Meruit

"As much as he deserves" - the damages awarded in a quasi-contract case

offer acceptance

Two essential components of a valid contract; a "meeting of the minds." aka. Ratification

what district has Jurisdiction over trials in the federal court system for this area?

U.S. District Court for the Eastern District of Virginia

Battery

(n.) - an assault or an array of similar things intended for use together

Misdemeanor

(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

breach

(n.) an opening, gap, rupture, rift; a violation or infraction; (v.) to create an opening, break through

restitution

(n.) the act of restoring someone or something to the rightful owner or to a former state or position; making good on a loss or damage

Exceptions to the hearsay rule (20-40 rules)

-admission by the party so that testimony is admitted by the court. The person who overheard them can testify in court. -admission by the party-opponent an earlier statement by a party that is now offered in court by an opponent. -dying declaration -excited utterance

Self-Authenticating Documents

1) Official publications 2) Certified copies of public or private documents on file in public office 3) Newpapers or periodicals 4) Trade inscriptions and labels (e.g. candy wrappers) 5) Acknowledged documents (notarized docs) 6) Commercial paper 7) Certified business records

Statute of Limitations for Personal Injury

2 Years

We are in what circuit for federal appeals

4th

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

mirror image rule

A common law rule that requires that the terms of the offeree's acceptance adhere exactly to the terms of the offeror's offer for a valid contract to be formed.

chancery

A court of equity, as distinguished from a common-law court.

crime

A crime is an act or omission forbidden by law, punishable upon conviction by death, imprisonment, fine or other penal discipline.

petit jury (trial jury)

A jury of 6 to 12 persons that determines guilt or innocence in a civil or criminal action.

venire

A panel of persons selected for jury duty and from among whom the jurors are to be chosen.

Offeree

A person to whom an offer is made.

Offerer

A person who makes an offer.

your client and model rene received a note from her husband ken that he was leaving her and he has since abandoned her with a young mistress. rene files for divorce on grounds of desertion. which is true?

A private processor can serve him at gym personally - true she can serve him personally at office - false the sheriff can serve his receptionist - false the sheriff can serve his 27 y/o mistress - false

Mitigation of Damages

A rule requiring a plaintiff to do whatever is reasonable to minimize the damages caused by the defendant.

privilege

A special legal right, exemption, or immunity granted to a person or class of persons; an exception to a duty the right to refuse to testify or the right to prevent someone else from being able to testify. 5th Amendment of the US Constitution.

Statute of Frauds

A state statute under which certain types of contracts must be in writing to be enforceable.

prayer for relief

A statement at the end of the complaint requesting that the court grant relief to the plaintiff.

allegations

A statement that someone has done something wrong or illegal, which has not been proved

hostile witness

A witness whose testimony is not favorable to the party who calls him or her as a witness. A hostile witness may be asked leading questions and may be cross-examined by the party who calls him or her to the stand.

Mandamus

A writ ordering an individual or organization to perform some specified action

relevant

Even if the evidence is relevant, if its probative value does not outweigh the danger of unfair prejudice; confusion of the issues, or misleading the jury, or by considerations of the undue delay, waste of time or needless presentation of cumulative evidence, it will not be admissible.

circumstantial evidence

Evidence presented that implies or infers that something occurred but does not directly prove it, proof of one or more facts from which one could draw conclusions about another fact.

Bailiff

An officer of court having custody of prisoners under arraignment. Generally a Sheriff

true or false. the circuit courts allow jury trials

False

how are state supreme court justices chosen

As outlined in Article VI of the Virginia Constitution, judges are selected by a majority vote of the Virginia General Assembly (the combined house of delegates and senate). Supreme court justices serve for twelve years while appeals and circuit judges serve for eight years

Solicitation

Asking someone to commit a crime, with the intent that the crime be committed.

the form of alternative dispute resolution where a neutral third party assists the opposing parties in resolving their issues is called

mediation

malice

mischief; evil intent; bad will

extrinsic evidence

Any evidence not contained in the contract itself, which may include the testimony of the parties, additional agreements or communications, or other information relevant to determining the parties' intent.

evidence

Anything that can be used to prove or disprove a fact

beth & bart get divorce. last cohabited in Norfolk and both still reside there. beth is active duty military. where should barth file? (technically question does not state where beth enlisted into the military but do your best)

Federal Court because beth is in the military

Oyez! Oyez! Oyez!

French origin "to hear" thus Oyez means "hear ye" and was used as a call for silence and attention; used by a court or public crier to gain attention before a proclamation. It would have been common in medieval England, and France. The term is still in use by the Supreme Court of the United States.

your client/Va Bch resident is suing the Va Bch defendant for $17k for breach of contract. which court has jurisdiction?

General District Court

your client/Va Bch resident is suing the Va Bch defendant for $4k for breach of contract. which court has jurisdiction?

General District Court

1st 10 amendments of the U.S. Constitution?

Bill of Rights

Virginia Beach Mayor

Bobby Dyer

Perry Mason Moment

In Court Proceedings in the United States, A _______, is said to have occurred whenever information is unexpectedly, and often dramatically, introduced into record that changes the perception of the proceedings greatly and often influences the outcome.

Doctrine of Necessaries

Can make one spouse liable to third parties for the other spouse's purchases for necessary expenses such as food, clothing, and health care

Who is Chief Justice for U.S. Supreme Court?

Chief Justice John Roberts

your client/Va Bch resident is suing the Va Bch defendant for $27k for breach of contract. which court has jurisdiction?

Circuit Court

which class of misdemeanor or felony is more serious? ( ☆♥ ☾ - on test)

Class 1 or A: Fines of up to $5,000, and/or a jail sentence of up to 12 months Class 2 or B: Fines up to $1,000, and/or a jail sentence of 6-9 months Class 3 or C: Fines up to $1,000 and/or a jail sentence of up to 3 months Class 4 or D: Fines up to $500 and/or a jail sentence of up to 30 days Note that many states do not assign jail time for Class 4 or even Class 3 misdemeanors. Also, repeat offenses can result in higher penalties for the same type of misdemeanor. Class/Maximum prison term for a Felony A: Life imprisonment (or death) B:25 years or more C:Less than 25 years but 10 or more years D:Less than 10 years but 5 or more years

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

moral turpitude

Conduct that is contrary to justice, honesty, and morality; esp., an act that demonstrates depravity.

injunctions

Court orders that prohibit a certain activity

Rebuttal

In-court contradiction of an adverse party's evidence.

in order to file a lawsuit, the plaintiff must make sure that the court has what type of jurisdiction?

Subject Matter Jurisdiction and Personal Jurisdiction

Current Virginia Senators

Mark Warner (D) Tim Kaine (D)

misdemeanant

One who has committed a misdemeanor.

Subsequent Remedial Measures

POST-ACCIDENT Repairs, design changes, and policy changes are INADMISSIBLE.

Chattell

Personal property, personalty $200

how are federal judges chosen?

President appoints them and the Senate confirms their appointment

current Virginia Gov and Lt Gov

Ralph Northam and Justin Fairfax

pro se

Representing oneself. Serving as one's own lawyer.

direct evidence

Stands on its own to prove an alleged fact without the need for inference. It is direct proof of a fact such as testimony by a witness about what that witness personally saw, heard, or did.

Pleadings

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation. The complaint and answer are part of the pleadings.

Service Members Civil Relief Act (SCRA) 2003

The SCRA, enacted in 2003 and amended several times since then, revised and expanded the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA), a law designed to ease financial burdens on servicemembers during periods of military service. Can give 90 day extension and judge can extend beyond that as deemed necessary by written motion from active duty service member. Active Duty Only

State Corporation Commission (SCC)

The State Corporation Commission, or SCC, is a Virginia regulatory agency whose authority encompasses utilities, insurance, state-chartered financial institutions, securities, retail franchising, and railroads.

According to Marbury v. Madison, who is the final interpreter of what the United States Constitution means and how it applies the issues in question.

The United States Supreme Court

Legality

The contract's purpose must be to accomplish some goal that is legal and not against public policy.

clerk of court

The court officer who oversees administrative functions, especially managing the flow of cases through the court. The clerk's office is often called a court's central nervous system.

service of process

The delivery of the complaint and summons to a defendant.

opening statement

The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold Prosecution/Plaintiff side goes first

Attorney - Client Privilege

The privilege is owned by the client. The purpose behind the communication of the Attorney - Client Relationship is to facilitate legal services and has to be confidential in a confidential setting. The atty client privilege belongs to the client. Privilege goes away of client lies on the stand. If client states he intends to commit future bad acts If client sues attorney

remedy

The relief given to an innocent party to enforce a right or compensate for the violation of a right.

kidnapping

The seizing, confining, abducting, or carrying away of a person by force, including transporting a competent adult for medical treatment without his or her consent.

prosecutor

The state or federal government attorney in a criminal case.

True or false. There are criminal penalties for engaging in unauthorized practice of law

True

Name of current Virginia Legislature?

Virginia General Assembly

Summation

a closing argument.

Uniform Commercial Code (UCC)

a comprehensive statutory scheme that includes laws that cover aspects of commercial transactions

tribunal

a court of justice

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

hung jury

a jury that is unable to agree on a verdict (the result is a mistrial)

marshal

a law-enforcement officer with duties similar to those of a sheriff.

Demurrer

a pleading to dismiss the adverse party's pleading for not stating a cause of action or a defense

Settlement

a resolution between disputing parties about a legal case, reached either before or after court action begins.

Felony Murder Doctrine

a rule of criminal statutes that any death which occurs during the commission of a felony is first degree murder, and all participants in that felony or attempted felony can be charged with and found guilty of murder.

conspiracy

a secret plan by a group to do something unlawful or harmful

chain of custody

a written record of all people who have had possession of an item of evidence

bill of particulars

a written statement of the particulars of a complaint, showing the details of the amount owed

Accrual Accounting

accounting method that records revenues and expenses when they occur, not necessarily when cash actually changes hands

2 elements of a crime

actus reus and mens rea

Appellant

aka. A Petitioner; A Party who appeals a lower courts decision and is seeking a reversal of that decision.

ciruit court cases your Chesapeake client involved in auto accident with texas resident while traveling in Portsmouth. your client suffers lost wages, medical bills, other damages totaling $150k.

all felonies misdemeanors resulting from grand juries trust & estates divorces adoption real estate civil concurrent $4500-$25000 Exclusive $25000< De Novo Proceedings Some Appeals from Agencies

circuit court cases ( ☆♥ ☾ - on test)

all felonies misdemeanors resulting from grand juries trust & estates divorces adoption real estate civil concurrent $4500-$25000 Exclusive $25000< De Novo Proceedings Some Appeals from Agencies

inter alia

among other things

precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Reformation

an equitable remedy used when the parties have imperfectly expressed their agreement in writing

code

an organized list of laws and rules

Dying Declaration Hearsay Exception

an out of court statement concerning the causes or circumstances made by a person whose death is imminent.

Excited Utterance Hearsay Exception

an out of court statement made by a nonparty relating to a startling event or condition made while the declarant was under the stress of excitement cause by the event or condition.

Priest-Penitent or Clergy

any regular (from Virginia rules ) - the purpose of the communication b/t the priest and defendant is spiritual and advising and belongs to the penitent, parishioner. If the communicant confesses to harming a child then that privilege is waived and goes away.

a court with limited jurisdiction

bankruptcy court

burglary

breaking and entering a building unlawfully with intent to commit a felony or to steal valuable property

your Chesapeake client involved in auto accident with texas resident while traveling in Portsmouth. your client suffers lost wages, medical bills, other damages totaling $150k. Which court has jurisdiction?

circuit court or federal court - concurrent jurisdiction

what is the name of the document (pleading) filed by the plaintiff to begin a lawsuit in the federal or state court system?

complaint

U.S. District Court for the Eastern District of Virginia cases

contract real estate torts - injury, property civil rights prisoner petitions forfeiture/penalty labor bankruptcy intellectual property social security federal tax suits other statues immigration

sovereign immunity doctrine

doctrine that states that a foreign sovereign generally cannot be sued unless an exception to the Foreign Sovereign Immunities Act of 1976 applies

Best Evidence Rule

doctrine whereby the original, or best available evidence should be presented in court

Fruit from the Poisonous Tree Doctrine

evidence derived from inadmissible evidence is inadmissible. (ex. your client in a custodial interrogation was not given his Miranda right and decides to tell his story and decides to tell his story. We cannot use the gun that he told us about. We can use a way around that to discover the gun more difficult.

bargained for exchange

exchange that parties engage in that leads to an enforceable contract

sexual assault

gender neutral; any sexual activity in which force or the threat of force is used; yes you can rape your spouse

A court order to bring a person before the court to ensure that his detention is not illegal is not illegal is called ____?

habeas corpus

sui juris

is a Latin phrase that literally means "of one's own right". It means of age, able to exercise one's own legal rights

the power a court has to hear a matter

jurisdiction

criminal law

law created and enforced by the government for the health, safety and welfare of the public.

Hearsay

not admissible; a statement; spoken out loud; Other than one made by the declarant; while testifying at the trial or hearing; Offered in evidence to prove the truth of the matter asserted.

felon

person convicted of a grave crime; CF. felony: serious crime

Declarant unavailable & Hearsay exceptions

person that originally spoke the words.

the part of a pleading where a party asks the court for relief is called?

prayer for relief

boilerplate provisions

ready-made, all-purpose language that will fit in a variety of documents; fixed or standardized contractual language that the proposing party often views as relatively non-negotiable.

overrule

rule against

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider

Sanctions

something that forces obedience with a law or rule

the principle which states that the court must follow established precedent

stare decisis - means "stand by the decision"

the deadline for filing a civil suit or for prosecuting a crime is called

statute of limitations

probative value

tending to prove or disprove. Courts can exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice. does the evidence assist in the exploration of the truth?

authenticate

the act of proving that something (a document or image) is true or genuine esp. so that it may be admitted into evidence We have to authenticate the evidence - we have to prove the authenticity of the document or evidence. How do we do that? Photo - we can look at the details of photo such as expert photographer or witness. 1) Self-Authenticating documents 2)chain of custody (COC)

abduction

the action or an instance of forcibly taking someone away against their will.

mailbox rule (deposited acceptance rule)

the contractual doctrine that a binding acceptance of an offer occurs when a mailed acceptance is irrevocably placed with the postal service

arson

the criminal act of deliberately setting fire to property or something

When does the statute of limitations for personal injury accrue?

the date the injury incurred

deliberations

the jury's formal discussion and debate over what the verdict of a trial will be

homicide

the killing of one human being by another

Ethics

the principles of right and wrong that guide an individual in making decisions

admissibility

the quality, state, or condition of being allowed to be entered into evidence in a hearing, trial, or other official proceeding.

your Chesapeake client involved in auto accident with texas resident while traveling in Portsmouth. your client suffers lost wages, medical bills, other damages totaling $150k. best way to get personal jurisdiction over the defendant?

the state's long arm statutes or the federal long arm provisions set forth in Internal shoe

murder

the unlawful premeditated killing of one human being by another.

robbery

the unlawful taking of property from a person's immediate possession by force or intimidation

Larceny

theft; robbery; stealing of personal property

assault

threat or attempt to injure

sustain

to support

attempt

to try (to do something)

what is the proper venue for prosecuting a crime?

where the crime occurred

Motion in Limine

written motion made right before or in beginning to protective order against prejudicial questions or statements that we do not want in the court being put on record. Ex. proprietary information example. One case - 2 tech companies sue each other - one files motion for other not to use the term "Patent troll" which is a derogatory term and its prejudicial impact outweighs its probative value.

torts

wrongful acts for which an injured party has the right to sue