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Article I
Constitution
Congress
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Article II
Executive Powers invested in President
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Article III
Constitution
Supreme Court
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Article IV
Constitution
Full Faith & Credit
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Article V
Constitution
Requirements for Proposed Amendments
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Article VI
Constitution
Constitution Supreme Law of the Land
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Article VIII
9 States rquired to accept constitution
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Bill of Rights
1st 10 Amendments
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1st Amendment
Freedom of Speech & Religion
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2nd Amendment
Right to bear arms
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3rd Amendment
No forced quartering of troops in private residences
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4th Amendment
No unreasonable search or seizures
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5th Amendment
No double jeporady; self incrimination; due process; taking of private land for public use
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6th
Speedy and impartial tral
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7th Amendment
Right tojury trial; res judicada
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8th Amendment
No excessive bail or fines
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9th Amendment
bars denial of enumerated rights
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10th Amendment
Powers not delegated to US are reserved to states
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Ohio Supreme Courts are structured how?
Chief Justice & 6 justices
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Ohio Supreme Court is ___________ appellate jurisditcion
discretionary
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What are instances that Ohio Supreme Court can hear an appeal
- Cases originating in court of appeals
- Death Penalty
- Questions regarding US or OH Constitution
- Public Interest
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What is the structure of the Ohio Court System, in order from highest to lowest
- Ohio Supreme Court
- Ohio Court of Appeals
- Courts of Common Pleas/Court of Claims
- Municipal Court
- County Courts
- Mayor's Courts
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The court has Jurisdiction over those persons who are subject to service of process is called ____________ jurisdiction
Personal Jurisdiction
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Geographically convenient county
Venue
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What begins the litigation process
and is goverened by Civ. R. 3(A)
Complaint -
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ORCP 8(E)
Ohio is a notice pleading state
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ORCP 9
Pleading in special matters
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ORCP 4
Service of Process
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In State methods of service as governed by ORCP 4
- Certified Mail 4.1 A
- Personal Service 4.1 B
- Residential 4.1 C
- Service by Publication
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ORCP 7
Governs Pleadings and Motions
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ORCP 6
Computation of Time
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ORCP 26
General Scope of Discovery Process
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ORCP 26(C)
Protective orders in discovery
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ORCP 26(B)
- Permissible Discovery
- 1. Any matter not privilidged
- 2. Must be relevant to matter
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ORCP 26(E)
Supplement to discovery
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ORCP 27
Perpetutation of Testimony
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ORCP 28
Persons who can take depositions
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ORCP 32
Use of depositions
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ORCP 31
Written depositions
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ORCP 35
Physical and mental examination of person
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ORCP 34
Producing documents electronically stored
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ORCP 33
Interrogatories to Parties
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ORCP 37
Failure to make discovery
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ORCP 26
Request for Admissions
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Dismissal of Actions ORCP ____
41
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Defenses and Objections - when and how presented (Motion to dismiss; motion for judgment on the pleadings)
ORCP ____
12
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Evid. R. 401
Definition of Relevant evidence
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Evid. R. 402
- Relevant - admissible
- Irrelevant - inadmissible
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Evid. R 403
Exclusion of relevant evidence on grounds of prejudice, confusion or undue delay
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Character evidence not admissible to prove conduct
Evid. R. 404
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Evidence rule regarding methods of proving character
405
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Evidence Rule regarding habit; routine practice
406
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Compromise and Settlement Evidence Rule
408
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Evidence Rule regarding paymen tof medical and related expenses
409
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Rule of Evidence regarding impeachment
607
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Evid. R. regarding subsequent remedial measures
407
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Evidence Rule regarding inadmissibility of pleas
410
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General Provisions of Ohio Rules of Evidence
100 Series
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Relevancy and its limits
Series _____ of Rules of Evidence
400
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Series _____ governs Witness; cometency lack of personal knowledge; oat or affirmation
- 600
- 601, 602, 603 respectively
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Evid Rule 411
Liability Insurance
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Summation; Concordance, etc. are types of ____________ computer systems
document management
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Describe the Federal Court System
- US Supreme Court
- US Court of Appeals (6th Circuit)
- US District Courts
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ORCP Governing Probate
73
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Rule of Evidence regarding testimony by experts
702
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Rule of Evidence regarding heresay
802
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Rule of Evidence regarding Self Authentication
902
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Series of Rules of Evidence dealing with Hearsay
800
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Series of Rules of Evidence regarding Authentication
900
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Rules of Evidence Governing Witness
600 Series
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Rule of Evidence regaring lack of personal knowledge
602
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What is the time period for filing a will contest suit
Three months from filing the certificate of service of notice of probate of will
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What is the time line for "noticing" heirs at law"
2 weeks after probate of will
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ORC 2107.19 Governs ______ in Probate law
Noice, waivers
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ORC 2117.06 Governs _________
Creditors/Claims in an estate
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What is the time period for which a claim must be prestened to an estate
6 months from date of death
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What is the timline in which an inventory and appraisal need to be filed
90 days from date of appointment of fiduciary
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Testate
Person who dies leaving a will
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Intestate
Not leaving a will
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Who can administer an estate is there is no will?
Resident spouse; resident next of kin
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What is the monetary limit for Release from Administration
35,000-100,000
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ORC 2113.05 governs ___________
Rights to Administer an estate
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For a will to be valid in Ohio -
- Must be 18 or older
- Sound mind
- Must be in writing
- signed at the end by party making
- In presence of two witnesses
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When are the Estate Taxes Due
9 months from date of death
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