Civil Litigation - Chapter 2 and chapter 3

• Either a jury trial or a bench trial (judge)
• Witness(es) will testify
• Plaintiff and Defendant
• Exhibits
• Presentation of Evidence
• Verdict (converts to judgment)

• 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

A decision made by the court which is published (if not published cant be precident).

• 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

• Only Federal court cases -
• bankruptcy
• patents
• Admirality Law
• Copy rights

You need subject matter and one of the following:

Personal or Inpersonem

in Rem Jurisdiction

Quaisi in prem jurisdiction

Entire worlds right to property

Particular Property owned by

Courts will adhere to previous case (precident) except in Lousiana and they adhere to french law

• Same Jurisdiction
• From a higher court
• Primary Source (Case law, statutes, constitution, Administrative Rules)

• Law Review
• Dictionary
• Cases outside of the state

a case that is unlike any other that is being heard by the court for the first time

• 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

To know or should have known

• Contact - Harmful or offensive
• Does not require awareness (in coma raped by nurse)

• Apprehension (awareness)
• Imminent (right now)
• Apprehension is different from afraid

• locking out of house
• detaining for unusual period of time for shoplifting

• Outrageous act
• Dont announce someone is dead on television before it is disclosed to family

Going through someones mail

• Use of name or likeness
• Using photo without permission

• Contract
• Business

• Slander - Oral
• Libel - Written

The truth is your defense

If you are a member of the public there must be actual malice

• Intentional misrepresentation
• * should have reason to rely on (mechanic or salesman)

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.

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

If you have a Prima Facie case you have all of the required elements of the case

What % is the plaintiff negligent?  - tie goes to the plaintiff

Reduce the plainiffs negligence claim by the % at fault

• Design (does the auto shut off work?)
• Manufacturing (missing bolt)
• Labeling - must WARN (no arms in the snowblower)