BLAW 431 Exam 1

Petition

(complaint) on behalf of the Plaintiff(s)/Petitioner(s) which names all Defendant's/Respondent(s) (the people being sued)

Jurisdiction

(the power to speak the law) over the person (company) or thing (real estate)

Courts of Equity

(what is just and fair) grant remedies when land, items of value and $$$ will not provide justice (remedies in equity)

Long Arm Statutes

-Allows personal jurisdiction on out of State Defendants -Defendant individuals and companies must have minimum contacts with the forum State (International Shoe Co. v. State of Washington, 1945)

Arbitration (5)

-Neutral 3rd party hears the issues in an informal hearing setting -With or without attorneys -Unless agreed to otherwise, arbitration is binding -Common clause in credit card contracts -Similar to a trial (witnesses, exhibits, questioning, arguments)

Cases for civil, criminal, domestic, probate are tried by

Judge

Cases for civil or criminal are tried by

Jury

makes the law stable and predictable

Precedence

Judicial review

allows the Courts to use "checks and balances" regarding the other two branches of government to make sure their laws or actions are constitutional

Pre Trial Motions

are a procedural request filed by an attorney and sent to the other attorney

exclusive jurisdiction includes

bankruptcy, tax Court Federal claims International trade federal crimes patent copyright claims lawsuits against the United States admiralty matters

Motion for Judgment on the Pleadings

the Defendant failed to file an answer, or the answer is BS

Plurality opinions

the opinion has the support of the largest numbers of Judges, but the group in agreement is less than a majority

Appellant

the person who is bringing the appeal

Appellee

the person who is defending the appeal

most important factors of law in any society

to provide stability, predictability and continuity

Stare Decisis

to stand on decided cases

Civil Law

tort law, contract law, suing some one at law or equity

Criminal Law

violations of local, State or Federal law which is enforced by the District Attorney, City Attorney, State Attorney

law

what is legal and illegal

ethics

what is right and what is wrong

Interrogatories

written questions to the other side which must be answered under oath

Concurring opinion

you agree with the majority, but for different reasons

Dissenting opinion

you vote with the losers and think the majority is wrong

Federal Courts have jurisdiction if:

• It is a Federal question (violates the Constitution, treaty or Federal law) and Federal law will apply (violation of the Civil Rights Act) • Diversity of citizenship occurs when at least two (2) of the parties are from different States and the dollar amount prayed for in the lawsuit is at least $75,000.00 (State Law where the lawsuit is filed will apply and will be used by the Federal Court) Cases that begin in State court can be removed to Federal Court

Arbitration

• Neutral 3rd party hears the issues in an informal hearing setting • With or without attorneys • Unless agreed to otherwise, arbitration is binding • Common clause in credit card contracts • Similar to a trial (witnesses, exhibits, questioning, arguments)

Venue

• Whether the Court has the authority to hear a case involving specific persons, property or subject matter • Where is the most appropriate place to hear the controversy (Kansas or Missouri, Sedgwick County or Johnson County)?

voir dire

Attorneys ask questions of potential jurors

sanctions

Cannot destroy or take down electronic evidence

Where is Federal Court of Appeals 10th Circuit?

Denver

Mediation

Consolation phases of a trial (opening statements, direct examination...etc.)

Who hears exclusive jurisdiction

Federal Court

Who can have concurrent jurisdiction

Federal and State Courts

discovery

Find out what evidence the other side has to help or hurt your case

Civil

In_____ matters, venue is proper where the Plaintiff resides

Criminal

In_____ matters, venue is proper where the crime occurred

3 types of remedies at law

Land Items of value Money

Substantive Law

Laws that define, describe, regulate and create legal rights and obligations

Summons can be served by (6)

Sheriff private process server attorney Fed Ex email Facebook(?????)

sets forth what the lawsuit is about and what remedy (at law or at equity) is sought by the Plaintiff(s)

The Petition

Cyber Law

The emerging body of law that governs transactions conducted via the internet

Location of State Supreme Court

Topeka

Location of State Court of Appeals

Topeka and various locations

Where is United States Supreme Court ?

Washington D.C.

Where is Federal District Court?

Wichita, Kansas City, Topeka

concurrent jurisdiction

either court can hear the matter such as personal injury or product liability

Depositions

find out what someone has to say under oath, can be used at trial to impeach testimony or if witness is unavailable

Cross-claims

suing a Co-Defendant

Counter claims

suing the Plaintiff

The Courts

interpret the laws and apply them to specific situations

Writ of Certiorari

is an order issued by the Supreme Court to a lower Court of Appeals requiring them to send the record of the case for review

In order to bring a lawsuit, the court must have (3)

jurisdiction, venue and standing

Petition

lays out all the facts why they are being sued

Procedural Law

methods of enforcing the rights established by substantive law

Location of State Trial (District) Court

one or two in each county

 Can ask for a change in venue if

original forum is wrong, or if criminal Defendant cannot get a fair trial (small town, too much bad publicity)

Trial by jury

 Cases at law, not case at equity  30-40 people are selected for a jury pool  Attorneys ask questions of potential jurors (voir dire)  Judge can ask questions of potential jurors  Can excuses jurors with peremptorily challenges (for cause or without cause)  Once both sides agree to 12 (or 6) jurors (plus 2 alternates), then the case is ready for trial  Plaintiff's Counsel makes opening statement  Defense Counsel makes opening statement  Plaintiff calls witnesses (direct examination)  If witness is "hostile", can use leading questions  Defendant cross examines witnesses (can use leading questions)  Re Direct by Plaintiff's attorney  Re Cross by Defendant's attorney  Witnesses can leave the stand when there are "no further questions"  Witnesses testify about facts, experts can give their opinions  Both sides must follow rules of evidence  Evidence/testimony must be relevant  Hearsay (repeating something someone said and they are not available for trial) is not allowed unless it meets an exception  Speculation  Conjecture

5 Steps of Briefing of a Case

 Citation (name of the case, date decided, citations)  Facts (what happened)  Issue (what are the parties fighting about)  Decision (how did the Court rule)  Reason (why the court decided the way that they did)

Types of discovery

 Depositions  Interrogatories  Request for Admissions  Request for Production of Documents, Objects and Entry Upon Land  Request for Examination  Electronic Evidence  Metadata (data about data)  Use experts to recover and reconstruct lost or damaged data  Cannot destroy or take down electronic evidence (sanctions)

Courts of Equity include (3):

 Specific performance (make the parties perform)  Injunctive relief (cease activity)  Recession (cancellation of the contract)