Civil Litigation - Chapter 2 and chapter 3

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Author:
kkohl1
ID:
195995
Filename:
Civil Litigation - Chapter 2 and chapter 3
Updated:
2013-02-25 20:27:17
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Civil Litigation
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Kelly Kohl Civil Litigation Chapter 2 and chapter 3
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  1. Trial Court
    • Either a jury trial or a bench trial (judge)
    • Witness(es) will testify
    • Plaintiff and Defendant
    • Exhibits
    • Presentation of Evidence
    • Verdict (converts to judgment)
  2. Appellate Court
    • No witnesses
    • Justices - En Banc (in panel)
    • 7 Wisconsin Supreme Court Justices
    • 9 U.S. Supreme Court Justices
    • Appellate Court
    • Reviews the law/record
    • Is provided with a brief description of the error of the law or abuse of discression
    • Present an oral argument
  3. Value as Precedent
    A decision made by the court which is published (if not published cant be precident).
  4. Concurrent Jurisdiction
    • Can apply to state or federal cases
    • Plaintiff gets to decide
    • Statute of Limitations may be different between State and Federal
    • Case may have different elements to prove whether it is state or federal
  5. Exclusive jurisdiction
    • Only Federal court cases -
    • bankruptcy
    • patents
    • Admirality Law
    • Copy rights
  6. ???? to have a case you must have
    You need subject matter and one of the following:

    Personal or Inpersonem

    in Rem Jurisdiction

    Quaisi in prem jurisdiction
  7. Personal or Inpersonem Jurisdiction
  8. In Rem Jurisdiction
    Entire worlds right to property
  9. Quaisi In Rem Jurisdiction
    Particular Property owned by
  10. Long Arm Statute
  11. Stare Decisis
    Courts will adhere to previous case (precident) except in Lousiana and they adhere to french law
  12. Mandatory
    • Same Jurisdiction
    • From a higher court
    • Primary Source (Case law, statutes, constitution, Administrative Rules)
  13. Persuasive
    • Law Review
    • Dictionary
    • Cases outside of the state
  14. Case of first impression
    a case that is unlike any other that is being heard by the court for the first time
  15. Defendant right of removal (one way street)
    • Plaintiff files in state
    • Jurisdiction is concurrent
    • Defendant has the right to remove the case to Federal Court
    • Defendant has 30 days to file the NOTICE of removal
  16. Intentional
    To know or should have known
  17. Battery
    • Contact - Harmful or offensive
    • Does not require awareness (in coma raped by nurse)
  18. Assult
    • Apprehension (awareness)
    • Imminent (right now)
    • Apprehension is different from afraid
  19. False Imprisionment
    • locking out of house
    • detaining for unusual period of time for shoplifting
  20. Emotional Distress
    • Outrageous act
    • Dont announce someone is dead on television before it is disclosed to family
  21. Invasion of privacy
    Going through someones mail
  22. Appropriation
    • Use of name or likeness
    • Using photo without permission
  23. Wrongful Interferience
    • Contract
    • Business
  24. Defamaion
    • Slander - Oral
    • Libel - Written

    The truth is your defense

    If you are a member of the public there must be actual malice
  25. Fraud
    • Intentional misrepresentation
    • * should have reason to rely on (mechanic or salesman)
  26. Tresspass -
    To a person or property - this is temporary and the individual may for a short time lose (or be deprived of) the use of something.
  27. Conversion
    to permanently deprive someone of something or render it no longer useful due to alteration.

    Defense - consent given for use of

    • No deadly force on property
    • Castle Law - fall inside the house - to show that "deadly" force is necessary
  28. Prima Facie Case
    If you have a Prima Facie case you have all of the required elements of the case
  29. Comparitive Negligence
    What % is the plaintiff negligent?  - tie goes to the plaintiff
  30. Contributory negligence -
    Reduce the plainiffs negligence claim by the % at fault
  31. Product defective can happen in 1 of 3 ways
    • Design (does the auto shut off work?)
    • Manufacturing (missing bolt)
    • Labeling - must WARN (no arms in the snowblower)

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