BLAW 310 - Exam 1

Preponderance

"more than 51%, but less than a reasonable doubt." Most of the evidence points to the defendant causing the accident, so we can charge them to the accident

Diversity of Citizenship

1. A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries. Requirements: a. The plaintiff and defendant must be residents of different states b. The dollar amount in controversy must exceed $75,000

For Cause

1. provide a reason why an individual should not be sworn in as a juror Ex. Related to one of the parties (employed by, family of, etc.)

Partial Affirm and Reverse

Affirm that x caused the accident, but the jury gave too much money and need to reconsider

Long Arm Statute

Allows a court to exercise personal jurisdiction over out-of-state defendants based on the activities that took place within the state

Jurisdiction

Authority of a court to hear and decide a case

Jurisprudence

Body of court decisions that serve as a source of law (Case law)

Administrative Law

Body of laws adopted by administrative agencies of the government (also called Rules + Regulations)

Counterclaim

Claim made by the defendant against the plaintiff

Affirm the previous judgment Reverse the judgment Remand Partial Affirm and Reverse Modify the Verdict

Court of Appeal can (5):

Per Curiam Opinion

Court ruling without a written reason

In Rem Jurisdiction

Court's authority over property located within its territory

Personal Jurisdiction

Court's authority over the parties involved in a case; Louisiana courts have jurisdiction over all Louisiana citizens, no matter where they are

Sliding Scale

Determines jurisdiction in cyberspace based on level of interactivity

Common Law System

English law based on reasonableness and fairness

Civil Law System

European law; comprised of civil and criminal law; had no precedent or juries, and practiced codification

Level Playing Field

Fair competition for businesses

Service of Process

Formally notifying the defendant of a lawsuit

Constitution

Foundation for law in the US

6

How many civil peremptory challenges are granted in Louisiana?

Pleadings

Inform each party of the other's claims and specify the issues in a case; LA uses the term "pray"

Default Judgment

Judgment entered against a defendant who fails to appear in court

motion for judgment n.o.v.

Judgment notwithstanding the verdict; A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous.

credibility

Jurors judge the _____ of the witness.

Civil Law

Law that covers contracts, commercial law, family law, etc.

Criminal Law

Law that covers offenses that can result in loss of life, liberty, or property

Criminal Law

Law that deals with offenses against society

Substantive Law

Law that defines conduct in the commercial realm

Procedural Law

Law that governs the procedures for enforcing the law or filing a lawsuit

Declaration of Independence

Legal document in US history

Standing to Sue

Legally protected and tangible interest to justify seeking relief through the court system

Subject Matter Jurisdiction

Limitation on the types of cases a court can hear

Pretrial Conference

Meeting between lawyers and judge to plan the trial; purpose of this is to explore the possibility of settlement without trial. If this is not possible, conference is used to identify the matters in dispute and plan the trial

1. Physical Presence - if you have a physical presence here, I can sue you here 2. Causing Harm/Damage (Physical Monetary Damages) - if you come into Louisiana and cause physical injury or monetary damages, I may be able to sue you here. i.e. Texas person injures you with their vehicle in Louisiana (you may be able to sue them in Louisiana) 3. "Doing Business" - if I can prove you're conducting business in Louisiana, I can sue you in Louisiana

Minimum Contacts requirements

1. Must be a Federal Question (deal with the federal law) 2. Diversity of Citizenship

National/federal courts are most restricted on what they can hear. What are the requirements to file a lawsuit there?

Plurality Opinion

No majority agreement on the reasoning of the decision; typically a 5-4 vote

Subpoena Duces Tecum

Order to bring relevant documents to court

For Cause Preremptory Challenge

Other challenges for jury selection that attorneys can use

Defendant

Person being sued in a lawsuit

Plaintiff

Person or entity filing a lawsuit

1. the facts necessary for the court to take jurisdiction, 2. a brief summary of the facts necessary to show that the plaintiff is entitled to relief (a remedy), and 3. a statement of the remedy the plaintiff is seeking

Petitions contains a statement that alleges (3):

Rule of Law

Principles for an orderly and just society

Jury Selection

Process of choosing jurors for a trial

Discovery

Process of obtaining information and evidence for a case

Venue

Proper court within the proper jurisdiction

Rights

Protected under the US Constitution

Legal System

Provides order, structure, and promotes good morals, prevent criminal acts

Request for Admissions

Questions asking a party to admit or deny certain statements; "yes" or "no" questions

Motion for Summary Judgment

Request for judgment based on evidence outside the pleadings granted only if no facts are in dispute

Motion for Judgment on the Pleadings

Request for judgment based solely on the pleadings without proceeding to trial only granted if no facts are in dispute

Motion to Dismiss

Request to dismiss the plaintiff's petition

U.S. Constitution + state constituion

Supreme Law of the Land; protects our rights

Deposition

Sworn testimony by a party or witness; considered relevant information and used at trial for impeachment

Rebuttal

The attempt to contradict evidence given by the opposite side in a trial

consent of the governed

The idea that government derives its authority by sanction of the people.

petition

The pleadings that the plaintiff files are called complaints (but we do not use this term in Louisiana), we call it a ____________ in Louisiana

preponderance of the evidence

The standard burden of proof in a civil matter is __ ___________ __ ___ ________.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Bench Trial

Trial without a jury

Sources of American Law

US Constitution, Statutory Law, Administrative Law, Jurisprudence

Concurring Opinion

Views of one or more judges who agree with the majority but for different reasons

Dissenting Opinion

Views of one or more judges who disagree with the majority

Majority Opinion

Views of the majority of judges deciding a case; in the Supreme Court, it is 6-3 or higher

1. Precedent 2. Jury 3. No Written Law/legal codes 4. Specialty courts a. Family law court, bankruptcy courts, etc. 5. Adversarial System

What are elements of the Common Law System?

you do not have to respond to the laws of other states

What are the jurisdiction rules on Passive (just advertising) Websites?

courts step in and decide on a case-by-case basis

What are the jurisdiction rules on a interactive but also passive website?

subject to lawsuits in other states

What are the jurisdiction rules on an Interactive website (substantial commercial activity (buying and selling) is conducted on your site)?

that the judge misapplied the law in question

What can you appeal in court?

allows conflicts to be resolved

What does having a Rule of Law allow for?

Congress and Louisiana (state) legislature

What two groups are the ones that make the decisions in our country?

Jury

Who determines the facts in the court?

Judge

Who determines what law is applied to facts of a case in court?

Statutory Law

Written laws passed by Congress and state legislatures (also called legislation)

Interrogatories

Written questions for a party to answer under oath

Appellate Review

a court of appeals does not hear evidence. Instead, the court reviews the record for errors of law. Its decision concerning a case is based on the record on appeal, the abstracts, and the attorneys' briefs

Minimum Contacts

an exception to personal jurisdiction; if you can find that the company has minimum contacts in Louisiana, you may be able to sue them here

writ of certiorari

an order issued by the Supreme Court to a lower court requiring that court to send the record of the case for review. Under the rule of four, the Court will not issue a writ unless at least four of the nine justices approve.

Directed Verdict

another shortcut for a trial; at the end of the plaintiff's case, the defendant's attorney has the opportunity to ask the judge to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence that would justify the granting of the plaintiff's remedy (they did not bear the burden of proof)

impeachment

challenge the credibility of a party or a witness who changes her or his testimony at the trial

Equity Courts

common sense courts; to ensure structure and order, they enforce precedent: once a court rules anywhere, all other courts must follow that rule

Precedent

concept which states all inferior courts must follow the decisions of the superior courts (court systems must follow Supreme Courts)

Answer

defendant's response to the plaintiff's complaint, admitting or denying the allegations

Summons

document informing a defendant that a legal action has been commenced against her or him and that the defendant must appear in court on a certain date to answer the plaintiff's complaint.

Concurrent Jurisdiction

exists when two different courts have the power to hear a case

Brief

formal legal document outlining the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modified, the applicable law, and arguments on Anderson's behalf (citing applicable statutes and relevant cases as precedents)

IME

independent medical exam; in personal injury cases, the defendant has the right to request a physician of his or her choice to examine an injured person who is suing the defendant

Justice

judges who are members of the United States Supreme Court; a formal title given to judges of appellate courts (i.e. Supreme Court in NY trial court, etc.)

Preremptory Challenge

no obvious conflict, but you don't like their body language or tone (you suspect a bias)

Appellate Jurisdiction

ourt to which you file an appeal if you think the original court made a mistake

false

t/f: Corporations are not treated as entities (legal person who can conduct business)

true

t/f: Louisiana tradition is Civilian law, but we are also subject to the Common Law of the fed. govt. and supreme court.

Burden of Proof

the plaintiff bears the ____ ___ _______; they must prove (who caused the accident) and must prove (that they are injured). The defendant does not have to prove (that they did not cause the accident)

Judicial Review

the power of federal courts to void acts of Congress in conflict with the Constitution

Stare Decisis

the practice of deciding new cases with reference to former decisions, or precedents; "to stand on decided cases;" to stand by a decision

Litigation

the process of resolving a dispute; the process of working a lawsuit through the court system

En Banc

the term used when the full panel of judges on the appellate court hears a case

Remand

to send a case back to a lower court to be tried again or reconsider a certain part of the case

Exclusive Jurisdiction

when cases can be tried only in federal courts or only in state courts

Original Jurisdiction

where the lawsuit began, where the trial is held

codification

writing the laws down in law books