law test 1

5 facts for the criminal system

state v paul
sanctions
wrong against community
burden of proof beyond a reasonable doubt
double jeopardy

four sanctions example

fine
jail time
probation
community service

3 facts for civil system

plaintiff v defendant
looking for compensation
burden of proof based on evidence

3 ways to convert judgement to cash

garnish wages
levy on bank accounts
defendant can't sell real estate

5 sources of law

constition
state statutes
federal statues
court decisions
administrative law

example of federal statutes

securities law

2 court decision

english common law
starie decisis

what does starie decisis mean

follow court procedure

long arm statute 2 facts

when plaintiff and defendant live in different states (decides where the trial will be)
defendant needs at least minimum contacts in plaintiffs state

venue two facts

under long arm statute
same state but different locations, case occurs where accident (or contract) was executed

state appeals court

nc supreme court
nc court of appeals

state trial courts

new hanover county superior court
new hanover county district courts
small claims court

superior court will handle disputes..

over 10k and felonies

district courts will handle disputes..

under 10k and misdemeanors

role of the jury

decides fact questions

role of the judge

decides issues of law

two types of cases that end up in federal court

issue of federal question
diversity of citizenship

what does diversity of citizenship mean

they live in different states and is greater than or equal to 75k

federal appeals court

us supreme court
us circuit of appeals

federal trial court

us federal district court

3 alternative dispute resources (binding one last)

negotiation
mediation
arbitration

first three steps of a lawsuit

plaintiff hires lawyer
lawyer sends a demand letter
commence a lawsuit, prepare a summons and complaint

what happens after a summons and complaint (next three steps)

defendant hires a lawyer who will prepare an answer
discovery stage
pre-trial confrence

next 5 steps after a pre-trial confrence

jury selection
opening arguments
plaintiff calls first witness
defendant calls first witness
closing argument

four steps after closing arguement

jury instructions
jury will deliberate the case
jury outcome
recovery

what are the four discovery tools

deposition
written interrogatory
request for production of documents
physical or mental exam

what happens at a pre-trial confrence

motions (motion for summary judgement)

goal for jury selectoin

12 fair and impartial jurors

2 factors that can get a jury party dismessed

bias
peremptory challenge

peremptory challenege

can dismiss a juror without any reason

statute of limitations

time period to pursue a claim

what two things is the statute of limitations three years for in nc

negligence
breach of contract

what thing is the statute of limitations one year for in nc

assault and battery

4 parts of the consitution

3 branches of government
patent clause
contract clause
bill of rights

what is the bill of rights

first ten amendements

1st amendement

free speech
freedom of religion, press, assembly

2nd amendment

right to bare arms

4th amendment

prohibits unreasonable search and seizures

6th amendemnt

right to a speedy trial

tort definition

wrong against an individual

the three tort theories

intentional
negligence
strict liabilites

8 things that fall under intentional torts

assault
battery
defamation
false imprisonment
intentional infliction of emotional distress
trespass
malicious prosecution
intentional interference with contract rights

assault

intentional act of causing fear of bodily harm (must be present)

battery

intentional offensive contact

3 defenses for assault and battery

self-defense
defense of others
defense of property

defamation

intetnional untruthful statement that damages reputation

what kind of damages fall under defamation

presumed damages

publication requirement for defamantion

heard or read by a third party

2 types of defamation

libel
slander

libel

written deamation
more serious

slander

spoken defamation

slander example

slander per se

two defenses for defamation

truth
statement of opinion

what do public figures have to prove for defamation

malice

false imprisionment

intentional wrongful confinemnet

2 examples of intentional infliction of emotional distress

outrageous conduct
negligent infliction of emotional distress

2 types of property trespass

trespass to chattels
conversion

trespass to chattels

minor interference with personal property

conversion

major interference with personal property

tresspass can involve - or -

real estate
personal property

with conversion you can recover the

fair market value

malicious prosecution

lying to law enforcement and causing false criminal proceedings to occur

failure to use reasonable care

negligence torts

4 elements of a negligence claim

legal duty to use reasonable care
prove there is a failure to act as a reasonably prudent person under the circumstances
proximate cause
damages

2 measures for a reasonably prudent person

professions
minors

how are professionals measured under negligence torts

against other professionals

what element does the palsgraff case fall under

proximate cause

proximate cause

plaintiff must prove there is a foreseeable connection between the careless act of the defendant and the injures suffered by the plaintiff (no domino effect)

3 defenses to a negligence claim

contributory negligence
comparative negligence
assumption of the risk

contributory negligence

cant contribute to your injuries, zero recovery

comparative negligence

jury will portion out the fault and will reduce the plaintiffs recovery by their portion of fault

strict liabilites

liability without fault

2 ways to prove strict liabilites

defective product
inherently dangerous activity

4 ways to show a product is defective

defective design
production defect
bad instructions
bad containers

inherently dangerous activity

ultra-hazardous activity

inherently dangerous activity examples

demolition by blasting
fireworks
wild animals as pets