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all court case decisions that have been made federally and at a state level
1.an entire system
2. unwritten law
3. contrasts to equity |
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Process the courts follow-- look for a similare caswe in the past: the process of using same decisions from previous case
-application of precedence |
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| Classifications of legal subjects |
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private v public
civil v criminal
substances v procedure: Rules of law
Law(can be resolved with $) v. Equity ($ doesn't fix problem) |
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| Seperation of powers doctrine |
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| there are 3 branches of gov |
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| Who nominate a US Supreme court judge |
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THe president- can only nominate if there is an opening -- appointments are for life or til retire
--consent from congresss-- when the judge is confirmed |
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| power of us supreme court - can deem an act Null and Void (unconstitutional) |
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| The 2 philosophies of the US supreme court judges |
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Judicial Restraint: any decision they made must be based on the US constitution and or its ammendments
Judicial Activist: Point society in the correct direction doesn't have to come from US constitution |
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| Do you have a right to appeal to the supreme court? |
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Definition
No, you can go to the court of appeals, if you lose that you can petition to go to supreme court
5,000 petitions per year- accept 100-110 cases |
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Term
Litigation process:
Pleadings |
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Definition
1. complain: filed by plantiff
2.Summons: sent to person being sued "defendent"
3.Answer: defendent answers complaint
4. Counter claim: defendent has another complaint against plantiff
5.Reply: plantiff replies to counter claim |
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Definition
same as a counter-claim
-name parties
-state time and place
-state facts in seperate counts (numbered)
-plea for relief (what they want) |
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answer all counts individuly
options:
admit: agree that it is true "no need to ligtigate"
deny: no reasoning needed
Confess and avoid: "yest i didn't pay but goods were defective"
-Demurrer: motion to dismiss: count is dumb dismiss
-Insufficent knowledge: unable to respond |
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a breach in duty to society
-procecuter is always related to community / society "the ppl of colorado against _____"
-punish defendent in criminal court |
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breach in duty to others
-plantiff is injured person/property and is sueing
-civil court |
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| can it be a tort and a crime at same time? |
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Definition
yes: ex: stabbed- sue for medial damages, prosecute for crime
Double jepordy doesn't apply: means you cannot be tried for the same CRIME twice
this is civil and criminal |
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Term
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Definition
negligent tort: accidents-negligence from driver
intentional torts: most crimes are also this
Strit liability torts: if you engage in ___ behavior you are liable no reguard to intent |
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Negligent tort elements:
DO you have to have all or just one? |
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have all!
1.duty of due care: ex: duty to follow rules of hte road
2. breach of duty
3. proximate cause of damage: direct result of damage from breach o duty
4. provable damages: cannot sue for principle |
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Contributory negligence
-plantiff was equally negilent: equal fault
--also have to prove all 4 elements
If they are both equally negilegent Last clear chance: is the tie breaker-- whoever had the last clear chance to prevent the accident |
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on top of provable damages, not for negligence but for INTENTIONAL
very expensive |
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Objective manifestation of intenet: an objective measure that someone could look at facts and determine: Jury
-everyone should/presumed to know the consequence of their actions |
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| Types of intentional torts |
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Definition
-battery
-assult
-tresspass
-emotional distress
-theft
-false imprisonment
-corporate tort/ethical issue |
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Definition
any activity that is Ultra haziordous
you are liable for everything
ex: constructions: demolission |
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| strict liability tort defence |
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| only one: assumption fo the risk: plantiff assumed the risk: hence they knew and cannot blame you |
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Term
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Definition
criminal commplaint
warrant summons
arrest
indictment/information
arraignment
perponderance of evidence
discovery
ethics/ plea bargaining |
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| criminal complaint: state is the prsecuter; victim is the complaining witness |
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name, offence, bail,
white collar crime=criminal isn't dangerous: just summonsed |
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insurance that they come to court
pay and get $ back when you come to court |
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protect from being prosectued because someone doect like you
indictment : gran jury says "enough info to go forward" |
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defendent appears before judges: What is your plea
-guilty
-not guilty
-not guilty due to reason of insanity (incapable of knowning right v wrong)
-nolo contendere: no contest: not guilty :just punish me |
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convinve jury beyond a reasonable doubt taht they are guilty: if ther is any reasonable doubt=not guilty: has to be a unanimous decision
to get a conviction of a crime |
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| perponderance of evidence |
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Definition
criminal decision can affect the civil case: not vice versa
guilty in criminal case makes you guilty in civil |
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Definition
both sides tell each other everything
-realize the oponents case is stronger than you realized
--civil cases: 85% get settled
--criminal cases: plea barganing: Agree on punishment no need for litiagtion |
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is the process of selecting a jury:
jury of peers with no previous opinion on case |
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Definition
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opening statement
evidence
closing arguments
verdict
same in civil and criminal court |
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| different depeinding on the state |
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| max penalty for misdemeanor |
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| max punishment for felony |
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| Prision or capital punishment |
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| changes intent: somone dies in any situation no matter if not intended you are charged with murder |
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| For contracts: voluntary assumption of duty |
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Definition
must have all 4
1. agreement- offer and acceptance
2. consideration- each side agress to give other side something new
3. legal capacity
4. legal purpose |
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two catagories of contracts
unilateral
bialateral |
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Definition
unilateral: promice for an act
bilateral: promise for a promise: will happen in future |
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| both parties have expressed all teh terms: can be verbal (ppl forget things) |
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is implied in law
you don't kno wthe exact detail so f the contract |
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Definition
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revoked: prior to acceptance
rejected: counter offer and the other person doesn't agree
death
illegality: only valid if it is a legal action
reasonable time frame |
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Term
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Definition
the offer/contract was legal but law changed and is now illegal
you are not in fault for not carrying out by following the law: contract is void |
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Term
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Definition
may avoid contract if..
1. fraud/ misrepresentation
-lied about facts ( knowingly/unknowingly)
-intentional misrepresentation
2. mutual mistake of fact/unilateral misrepresentation
mutual: both ppl were wrong about facts
unilateral: one person made a mistake |
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Definition
both parties get something new
both parties bargained for somthing that and both items have legal value |
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| gratuitous promise: is this a contract? |
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Definition
No it is a gift
only one person is giving somthing no element of consideration |
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is a broad term:
includes incuring a detriment: when you do something you wouldn't have done otherwise because of the bargain: this has legal value |
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it doesn't matter the "value" of the the items with legal value
to have consideration as long as both items have legal value |
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Term
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Definition
if an adult enters into a contract w/ someon under 18 the contract is voidable unless it is a necessity:
food
lodging
medical |
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| contracts that are required to be written |
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Definition
1. real estate
2. guaranty contract:
3. sale of goods
4. contracts over a year |
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| excuses to get you out of a contract without liability |
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Definition
1. impossibility
2. promisee prevents
3. mutual rescission/novation
4. accord and satisfaction |
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Term
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Definition
cancle contract
sue for damages: opportunity cost
sue for speciv performance: you have to do ___
Sue for injuction: you can't do____ |
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