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Personal jurisdiction
- court has authority to rule on the law and power
- to enforce its decision upon a party.
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where you have the event take place in one
state, and trial in another state
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- you will check forum states body of law called
- “conflicts of law” see which state’s substantive rule of law will apply
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church related laws that determines what is
- right under these circumstances; requires or prohibit people from doing
- something
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go to federal court when...
diversity of interests plus over $75,000 in damages
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Appeals court looked back at Swift vs. Tysons
- (1842) and said from now on, fed court will apply law of state: wiped out
- federal case laws on April 25, 1938, known as the Eric doctrine
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how does Mass deal with laws of contract
apply law of state where contract was made
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MA tort law
apply law of state where incident occured
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Personal Jurisdiction
bring lawsuit to where you find defendant (person who stands to lose)
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what do we resolve first? issues of law or issues of fact?
we resolve issues of laws first
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what is issues of law?
listen to both sides, detemine what law is.
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motion to dismiss (demurr)
no rule of law that would give relief
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what are the defendant's choices after filed complaint by plaintiff?
motion to dismiss, general denial, counterclaim (counter complaint)
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stare decisis
following precedence and not unsettling that which already settled
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percurium
author of court decision does not put her name on the decision, court applies statute as written by congress; case laws interpret statues
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case laws
interpret statutes (read legislative history, and read gaps as Congress meant it); look at statue spply those with essentially similar facts
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what is the process of discovery
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discovery, depositions, find law (research) find
facts, extract law with assurance court wouldn’t change precedent
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built in instinct that exclude people from cause
or exclude them just because (may be influenced by appearance, manner)
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business of court
sit in judgment and fairly, evenly administer justice
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difference in procedure between criminal and civil case?
prosecution starts case in civil case; criminal attorney first laws out laws
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objections to leading questions
questions that contain answers within the question; no leading question in direct examination
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cross examination
cut down damage done to your case by direct examination: try to show bias on their part, prior inconsistent statements in depositions, defects in testimonial falculties
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heresay
out of court statement by person not under oath, who is not now testifying which is offered for the truth of the content of the statement
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party opponent exception
person doing damage is in court under oath doing cross examination (civil case; you can tell about what other party said as well)
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exceptions to heresay
- -party opponent exception
- -dying declaration
- -attorney client privilege (when their talk is overheard--this is an exception to heresay)
- -husband wife privilege
- -doctor patient privilege (doctor only testifies in area of expertise, not what he have admitted to you
- clergy penatant: don't have to say what was said in confession
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what is the burden of proof in a civil lawsuit
based on preponderous of evidence (clear and convincing evidence)
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what is burden of proof in criminal case?
state beyond reasonable doubt
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what the process of the trial
opening statements: plaintiff calls witness, defendant calls witness, final instructions, attorneys close, defendant needs burden of proof, close case
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res judicate
execution of judgement
- Dispute of affair is over; can’t come back to
- same dispute once you sign release and judgment is executed
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what does the due process of law do?
ensure substantive and procedural fairness (equal protection clause)
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what are three ways to conduct a valid search?
- warrant: obtained from appearing in court, in written statement of facts and circumstances to get warrant, amount to probable cause
- search incident to an arrest: search around area of arrest
- threshold inquiry (stop and frisk) if crime committed in an area and police have reasonable suspicion, police can stop, question, and partial search
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fruits of illegal search can never
be used in legal court
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what does the bill of rights do?
it contains fundamental safeguards of liberty, immunity from federal abridgment--are equally protected by the 14th amendment, due process clause
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grand jury
- citizens listen to the case, witness don't bring attorney; does state have enough evidence to charge against person; protection from obligatory conduct
- private (doesnt' go out in public unless grand jury says) no cross examination; easy to get indictment
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which amendment is right to not testify against himself in court?
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14th grabbing 5th and 4th
and turning it to states
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rules of no self-incrimination
- Protects only testimonial self incrimination;
- nor shall be compelled in any criminal case to be a witness against himself
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- Court may grant immunity to people to build
- evidence against major criminal by allowing people to not be subject to
- incrimination by saying self-incriminating things
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- Perjury: id you don’t say what you know
- truthfully
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taking private property for public use need just
compensation
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powell vs. alabama
right to council (equal protection clause)
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charged with armed robbery without council, USS
says it is left up to state: not fundamental safeguards (not that important)
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breaking pool hall, no $$ or council (attorneys
- are appointed only in capital cases bc of Powell vs. Ala; this is small case
- Florida state will not pay
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you have your body, person under arrest needs to
- be brought before court, ensures prisioner can be released from unlawful
- detention. right to council at trial @ Gedeon (5000 prisoners released b/c of
- no council)
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right to council in custody; indigent
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Prior to any questions, he/she right to remain
- silent and anything he says could be used against him, and right to an
- attorney, either retain or appointed if you are indigent
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right to council at a lineup. Attorney can
observe what’s going on and make objections
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1980 Rhode Island vs. InMs
- if someone voluntarily told something, they can
- use it as evidence (Dickerson vs. U.S. 2000)
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- right to council from 6th amendment
- by confront witness/cross examination
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closer look at 1st amendment
- march/say what you want to say many interfering
- with other people’s rights
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- need permit to march, for people to clear the
- roads (need to say content neutral things
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- police can give time and place but can’t favor
- one religion over another in times of peaceful protest
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what are types of protests?
- speech
- action
- pure political
- economic speech
- obscene
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types of restraint
prior/total/partial
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Miller vs. CA
- asic guidelines for the trial of fact, must be
- contemporary community standards, trial of fact is jury (decides community standards), they are from the
- community
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state reserves police powers
- deals with health, welfare, safety, and morality
- of the citizens of the state
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slander (spoken)
- remark made that tend to hold individual up to
- scorn and ridicule in the community
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existing legal theory: meet all elements of
cause of action
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libel
publication + remark
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public figures have the added burden of malice
prove malice on part of person or reckless regard for the truth
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any person uses the likeness of another without
- their written consent for advertising or purposes of trade is guilty of
- misdemeanor.
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no one can trade on the good name of a public
figure or individual who is not a public figure
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