Legal Principles and Court Procedures in Civil and Criminal Law

What is Stare Decisis in Common Law?

Stare Decisis is the legal principle of determining points in litigation according to precedent. It exists to ensure consistency and predictability in the law.

Why do parties go to court?

Parties go to court to resolve disputes, enforce rights, or seek remedies for grievances.

How does a person file a lawsuit against another person?

A person files a lawsuit by submitting a complaint to the appropriate court, outlining the claims against the defendant.

What is the difference between a civil lawsuit and a criminal lawsuit?

A civil lawsuit involves disputes between individuals or organizations seeking compensation, while a criminal lawsuit involves the government prosecuting an individual for violating laws.

Why can you win a civil lawsuit while losing a separate criminal lawsuit pertaining to the same issue?

Civil lawsuits require a lower burden of proof (preponderance of evidence) compared to criminal lawsuits (beyond a reasonable doubt).

What is personal jurisdiction?

Personal jurisdiction refers to a court's authority over the parties involved in the lawsuit, which can be based on their residency or activities within the jurisdiction.

What is subject matter jurisdiction?

Subject matter jurisdiction is the court's authority to hear a particular type of case, which can vary between federal and state courts.

What is concurrent jurisdiction?

Concurrent jurisdiction exists when more than one court has the authority to hear the same case.

What is venue in legal terms?

Venue refers to the specific location where a lawsuit is tried, typically where the parties reside or where the events occurred.

What are the threshold requirements for a court to hear a case?

The threshold requirements include standing, case/controversy, and ripeness/mootness.

What is standing in legal terms?

Standing is the legal right to initiate a lawsuit, requiring the plaintiff to have a sufficient connection to the harm suffered.

What does case/controversy mean?

Case/controversy refers to the requirement that there must be an actual dispute between parties that a court can resolve.

What is ripeness/mootness?

Ripeness determines if a case is ready for litigation, while mootness refers to cases that no longer require resolution due to changes in circumstances.

What are the common steps in civil litigation?

Common steps include pleadings, service of process, discovery, pretrial motions, trial, and appeal.

What document does the plaintiff file in a lawsuit?

The plaintiff files a complaint, which outlines the claims against the defendant.

What is service of process?

Service of process is the procedure of delivering legal documents to the parties involved, ensuring they are informed of the lawsuit.

What are the tools used in the discovery phase?

Tools include depositions, interrogatories, requests for production of documents, and requests for admission of facts.

What are pretrial motions?

Pretrial motions are requests made to the court before the trial begins, often to dismiss the case or exclude certain evidence.

What is the purpose of the tort system?

The tort system aims to provide remedies for individuals harmed by the wrongful acts of others.

What are the elements of negligence?

The elements include duty, breach of duty, causation, and damages.

What is strict liability?

Strict liability holds a party responsible for damages or injury regardless of fault or intent, typically applied in product liability cases.

What is the Commerce Clause?

The Commerce Clause grants Congress the power to regulate commerce among the states, affecting federal regulation of business.

What is the Supremacy Clause?

The Supremacy Clause establishes that federal law takes precedence over state laws when there is a conflict.

What does the Bill of Rights protect?

The Bill of Rights protects individual liberties and rights against government infringement.

what are compensatory damages?

goal is to put plaintiff in position he/she would have been in had tart not occurred

Economic Damages

lost wages, lost earning capacity, medical expenses, etc.

non-economic damages

pain and suffering, mental anguish, loss of capacity to enjoy life

Res Ipsa Loquitur

the thing speaks for itself

negligence per se

"literally negligence in or of itself"

gross negligence

an action committed with extreme reckless disregard for the property or life of another person

contributory negligence

the defendant and the plaintiff were both negligent

state of the art defense

a manufacturer argues that at the time a product was made and sold it reflected the best scientific and technical knowledge available

what is discovery?

A method by which the opposing parties obtain information from each other to prepare for trial.

What's jurisdiction?

authority to hear a case

what's personal jurisdiction

a court's power over the people (or businesses) involved

subject matter jurisdiction

a court's power to hear certain kinds of cases

who can appeal a decision?

the losing party

What is Negotation

where two people try and resolve their dispute by negoitating directly between themselves

What is meditation

neutral third party usually helps the two parties guide and identify solutions

What is federalism?

sharing of powers between federal and state governments.

What is the commerce clause?

it gives congress the power to make laws about buying, selling, and trading

Actual Cause

A defendant's action is the actual cause of harm if the harm would not have happened "but for" that action.

proximate cause

Even if there is actual cause, the law limits liability to harms that are reasonably foreseeable results of the defendant's action.

what are three defects that may render a product defective?

design defect, Manufactuing defect, and marketing defect

what is strict liability?

liability regardless of fault

What's the trial process

1. jury selection

2. opening statements

3. witness examinations and presentation of evidence

4. closing arguments

5. jury instructions

6. jury deliberation

7. verdict

ADR:

methods of resolving a dispute rather than using a court of ligation

What's slander?

spoken defamation, saying something about someone that is wrong and harming someone's reputation

what's comparative negligence

You're in a car accident.

A court finds you were 30% at fault (maybe you were speeding a little), and the other driver was 70% at fault (they ran a red light).

If your damages = $10,000, you would only recover $7,000 (your $10,000 minus 30%).

legal rule used in accident and injury cases

What is mabury vs madison ?

Marbury v. Madison established that the Supreme Court has the final say on whether laws are constitutional.

what is admission of request?

one party sends the other party a set of statements that they either have to admit or deny if they are true if they don't respond in 30 days than their statements are automatically true

interrogatories: part of the discovery process

written questions that one party in a lawsuit asks the other party under oath

What are reliefs regarding law cases?

compensatory damages - to reimburse actual losses noncomic and economic damages

punitive damages - harsh

nominal damages - small award