les 2

ways laws can be classified

Civil v. Criminal, Substantive v. Procedural, State v. Federal

preemption/ supremacy clause

this concept refers to the power of the federal government ro prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject

Differences between civil and criminal law

Criminal cases have a prosecutor bringing the case against the defendant while civil cases have the plaintiff bringing the suit. In Criminal cases. in civil case the standard of proof is the Preponderance of the evidence while in criminal its beyond a reasonable doubt

Substantive law

elements of the case and what the plaintiff is suing for. Law that defines our rights and duties it defines what actions will violate the law and what our obligations are to each other

Procedural law

Law that deals with how the legal system operates everything associated with how to bring a case to court. For example, the statute of limitations, what court the case is being brought in, etc.

name on example of a procedural legal issue

statue of limitations- the legal system imposes a limitation on how long a plaintiff has before he or she can no longer bring a law suit

jurisdiction

before any court can resolve a dispute between individuals t must have the basic power or authority to hear dispute or render a decision. to have jurisdiction a court must have authority over the subject matter of the case. the court must be able to exercise control over the defendant or the property must be in the area under the courts control

limits of Federal Power

congress can enact legislation only if the consittion has given congress the power to legislate in that particular area

Gonzales v. Raich

Held that Congress could use the Commerce Clause to outlaw the growth of medical marijuana in California. the federal government can cotrol interstate commerce. if everyone grew their own Marijuana there would be a surplus impacting trade/ commerce between states

Civil law

law that deals with harm to an individual

Criminal Law

Law that deals with harm to society as a whole

direct examination

An attorney questioning their witness. No leading questions

cross-examination

The questioning of an opposing witness. A lawyer may ask leading questions

redirect

Plaintiff's attorney uses redirect questions to rehabilitate the witness

recross

defendant's attorney can re-cross the witness

Pleadings

The documents that each side files with the court and serves on the other side to commence the lawsuit. Their purpose is to narrow and focus the issues involved

complaint

The initial document the plaintiff files. State the allegations that form the basis of the complaint.

summons

The notice to the defendant. Informing the defendant of the lawsuit, requiring the defendant to respond or risk losing the suit

answer

The basic responsive pleading. The pleading by the defendant to respond to the complaint. It contains the answers to the charges laid out in the complaint

components of a complaint

caption, content, request for relief, signature

caption

Identifies the court and the parties. To the right, the doc is identified as a complaint. There is an index or docket number assigned by the clerk

statement of Claim/content

Body of the complaint. Many complaints start with he background. The cause of action lists every element that makes up the cause of action

request for relief

Almost always prescribed by statute or rule. When multiple counts are alleged, the drafter has the choice of pleading damages at the end of each individual count or collecting them in one clause at the end

signature

It's good practice to date a complaint. has the address and telephone number of the plaintiff's counsel, as well as the name of the firm, which is usually required

techniques of complaint writing

storytelling, sufficiency (must make out every element of a claim/ cause of action), strategy

discovery

Once the defendant files an answer, each side begins using various devices to find out more about the strength of the other side's case. it promotes negotiated settlements, explores the other side's case to understand their position, equalizes resources on both sides without one side taking undue advantage, and fosters a final decision based on shared information. RELEVANCE USUALLY DETERMINES THE SCOPE OF DISCOVERY, AND INFO THAT IS RELEVANT IS USUALLY DISCOVERABLE

discovery tools

depositions, production of documents, and electronically stored information (ESI), Interrogatories, requests for admissions, physical or mental examination

Interrogatories

written questions that the defense and plaintiff send to one another

Deposition

sworn testimony by a party to the lawsuit or by any witness, or relevant parties

production of documents and electronically stored Information

documents stored electronically LMAOO idk

Request for admissions

Discovery tool in which one side asks the other to admit certain facts in a case.

physical or mental examination

court-ordered examination of a party where injuries are alleged that could be verified or disputed by such examination

process of selecting individuals jurors and marks the start of the trial tw

voire dire

two types of challenges that lawyers can make when selecting jurors

preemptory challenge and challenge for cause P

preemptory challenge

the attorney doesn’t need to give a reason they have 3

challenge for cause

attorney gives reason usually as to why a juror may be biased in a case

adr

alternative disputes resolution

arbitration

the parties submit their case to a third party whose decision is binding

mediation

A neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise.

negotiation

It is the back-and-forth communication designed to reach an agreement

Adversarial Approach

Often lawyers will make extreme demands, commit themselves to their positions, argue issues in the shadow of the law, seek to persuade each other, make concessions, employ threats, and ultimately reach an agreement.

problem solving approach

Each side is assumed to bring something of value to the deal that can create benefits

to both parties, and the negotiators try to integrate these interests in a settlement or deal.

advantages of ADR

cheaper, more private, rules of evidence are more relaxed

disadvantage of ADR

is private and binding (very limited appeals)