introduction to civil law

Jurisdiction

Power and Authority given to a court to hear a case and to make a judgment.

Original Jurisdiction`

try for 1st time

Appellate Jurisdiction

Hear appeals and reviews

Limited Jurisdiction

Minor matters, Misdemeanors

General Jurisdiction

Trial court

United States Supreme Court

Original jurisdiction (limited) Appellate jurisdiction

United States Court of Appeals

Appellate Jurisdiction, 3 Judges, No witnesses, No jury

U.S District Court

Aka federal district court

MI Supreme court

Original jurisdiction and Appellate jurisdiction

MI court of appeals

Appellate jurisdiction

MI circuit court

Felonies and general jurisdiction.

Probate

Estates, Guardianships , Mentally ill, Limited jurisdiction.

MI district court

Misdemeanors and limited jurisdiction

Small claims

Limited jurisdiction

Area of concern

Rights and Duties between individuals

Wrongfull act

Harm to person or business

Party Who Brings Suit

Person who suffered harm (plaintiff)

Party Who Responds

Person who supposedly caused harm (defendant)

Standard of Proof

Preponderance of Evidence and Majority Jury

Remedy

Damages/Judgement

Injunction

restrains a person from beginning or continuing an action threatening or invading the legal right of another (NOT to do something)

Specific Performance

the performance of a contractual duty (TO DO something)

Rescission

termination or cancellation of a contract.

Reformation

contract is rewritten in a way that better expresses the intentions of the parties

Illegal and “Ethical”

Malum Prohibitum

Illegal and unethical

Malum in se