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| English Law based on _____ |
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regarding personal property
(i.e. used car) |
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specific performance- perform
injunction- cease or undo
recession- cancellation |
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burden of proof
beyond a reasonable doubt (95%)
jury decides (non-guilty verdict can not be appealed) |
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by a preponderance of the evidence
50.01% |
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| judiciary interprets law and can declare unconstituational |
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| One state does not have to follow the precedent set by another state |
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one circuit will look to its own circuit for precedent
on matters of state law, s\the state supreme court is the top |
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| attorney is advocate of the plantiff |
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| found on websites in regards to lawsuits and jurisdiction |
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federal question
diversity plus 75000
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U.S. is a party
bankruptcy
copyrights and patents |
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| civil: decision made prior to trial |
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| ruling after trial before jury returns |
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reduction
not withstanding veridict
judge disagrees with jury |
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| reasonable fear the contact could occur |
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| unexcused harmful or offensive physical contact intentionally performed |
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| Alternative Dispute Resolution |
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non-binding rulling
attempted agreement |
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| New York Times vs. Sullivan |
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| intended to scare victim is illegal |
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gave ermission
not an invasion of privacy |
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Duty
breach duty
causation
damages |
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| can be held liable for giving alcohol to minor (changed previous law) |
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causation- reasonable care must have caused the victim harm
(this cause not causation) |
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| expression of a willingness to enter into a legally binding agreement |
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contract on napkin
legally binding "outward manifestation" |
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| price which a person charges for a promise |
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