LE 101

A claim that based on the law and facts, is sufficient to support a lawsuit

A las enacted by a state legislature or by Congress

The doctrine that nromally once a court has decided on an issue, other courts in the same jurisdiction will decide the same way

Higher courts agree with lower court decisions

High court disagrees with lower court decisions

Agrees with majority result but disagrees with the reasoning

Disagrees with majorities decision and reasoning

Law created by the courts

Allow judges to take action when the law would normally limit their decisions

Court requiring a party to perform a specific act or to cease doing a specific act

Requirment that a party fufill his or her contractual obligations

Federal goverment's power to prevent states from passing conflicting laws and sometimes prohibits states from passing any laws on a particular subject

Person who initiates a lawsuit

The person who is sued (civil case) or person being charged with a crime (criminal)

Used in criminal trials; evidence presented must be complete that there are no reasonable doubts regarding the guilt of the accused

Commonly used in civil trials; must prove that it is more likely than not that the defendant commited the wrongful act

• Civil Case; 3Types:
• -Compensatory
• -Punitive
• -Nominal

• Questions to relating to what happened:
• -who
• -what
• -when
• -where
• -how

Questions related to the interpretation or application of the law

Trial without a jury

A jury decides the facts and determines liability or guilt

The personal filingthe appeal (also known as the petitioner)

Party who won the trial court (also knownas the respondent)

Trial court eror that is not sufficient to warrant reversing the decision

The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount controversy > $75,000

A 3rd party decides the disagreement between the 2 parties and comes to a binding decision

Neutral 3 party assists parties reaching a mutally agreeable, voluntary comprimise

Principle that courts cannot decide abstract issues or render advisory opinions; limited to deciding cases that involve litigants who are personally affected by the courts decision

The power of a court to hear a case

Power of a court to force a person to appear before it

Fairness requirement that a defendant must have at least a certian minimum level of contact with state before state courts can have a jurisdiciton over the defendant

Law that sets the length of ime from when something happens to when a lawsuit must be filed before the right to bring it is lost

The pleading that begins a lawsuit

Defendant's reply to complaint

Notice informing defendant of the lawsuit and requiring the defendant to respond or risk losing the suit

Request that court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the movin party is entitled to judgment as a matter of law

Written questions sent by one side to the opposing side; answered under oath

Pretrial oral quesitoning of a witness; answered under oath

Court order that a person who is not a party to litigation appear at trial and bring requested documentation

Examination of prospective juror to see if he or she is fit to serve a specific case

method for excusing prospective juror based on the inability to serve in an unbiased manner

Method for excusing a prospective juror; no reason needed

Questioning of your own witness

Questioning of opposint witness

A judgement that reserves the verdict of the jury when the verdict had no reasonable factual support or was contrary to law

Request that a court order a rehearing of a lawsuit because irregularities such as errors of the court or jury misconduct make it probable that an impartial trial did not occur

Judgment entered against a party who fails to complete required step

Court requiring a person to appear to testify at a trial or deposition