AKA Case. Real-world matter that is heard before a court, wherein one side is seeking damages from, or punishment of, the other side.
Opinions about hypothetical situations "Judge what do you think would be the result if this happened one day?" Not accpeted in court. US courts do not issue advisory opinions.
Matter of Controversy
Real issue for a court to decide on in a lawsuit
An officer of the court who acts as an "umpire" of a case, in order to ensure that procedure is properly followed and the law is enforced.
Decision of the judge
The finders of fact in a lawsuit.
In a legal context, those on a jury drawn from a representative group of the citizenry legal age and without a legal disability (ex. a felony conviction) in the jurisdiction where the trial takes place.
"Great Charter" 1215 John of England. Gave the right to judgement of the accused by a jury of peers.
The procedural system for trying lawsuits in which each side through its attorney presents its respective legal case in the best possible light to the judge and jury as neutral decision makers.
Advocates for the two+ sides in any given lawsuit.
Code of Ethics
Lawyers cannot lie misrepresent the law or hide evidence from the judge jury or other side
Facts that are related to a case
Representative of the government of one side of the lawsuit.
The gov't, on behalf of the people of the jurisdiction, brings criminal charges against this person.In criminal cases, the ______ is the person who is accused of breaking a criminal law or causing damages to a plantiff.
Person, business entity, or government, bringing a civil claim that alleges that the plaintiff was harmed in some noncriminal way that requires compensation.
The person or or entity accused of causing the wrongs against the plaintiff.
Baseless lawsuits. "You can sue anyone for anything" True. But you have to get past a just a jury to a positive result.
Cause of Action
Preapproved reason to sure that is set out by caselaw or statutory law.
Plaintiff must to this when he first goes to court in a breach of contract action
Burden of Proof
Each party is obligated to prove each cause of action (the reason for a case) Only needed in civil, proving it falls on the party bringing the lawsuit.
Standards of Proof
Is burden of proof met? ... Preponderance, clear and convincing, beyond a reasonable doubt.
Preponderance of the Evidence
Plaintiff mus prove each element of a cause of action. Jury must find at least 50.1% of the evidence for every element of a cause action points in their favor. (generally in civil)
Beyond a Reasonable Doubt
99% likely, higher standard that is held in criminal case.
A term that is used to describe what a common person. at that place, at that time, would consider to be plausible and logical.
Clear and Convincing Evidence
Used in high-stakes cases on civil matters. Ex. fraud or will causes. 75ish%
Court of Original Jurisdiction
The court that first hears a lawsuit. Trial court.
Judge & Jury, tries both law and fact. Almost always a court of original jurisdiction. In federal.. called district courts.
A request to a higher court to reconsider all or part of a lower court's decision. When a judge makes a mistake the decision is eligible
Being prosecuted twice for the same alleged crime, 5th Amendment.
A court superior to the court of original jurisdiction in any given court structure. Hears issues of LAW not FACT. No jury. Decides by majority vote of multiple judges hearing the case.
11 federal-level appeals courts. Each deals with different subject matter. The rulings of that circuit only apply to that to which it covers "under god" only to 9th circuit for example.
Courts of Law
Courts historically controlled by the king of england. usually gave money damages in civil lawsuits
Courts of equity
Gave other forms of legal relief besides money in courts orig. in england. Used to be separate now they're together.
Federal District Court
Hears all cases from its jurisdiction. NJ & DE = 1 PA= 3.
Supreme court hears cases involving what?
Disputes btwn states as defined/required by the constitution. Congress has allowed the supreme court to hear appeals from the lower federal courts, not required.
Writ of Centioari
Request that a supreme court hear a case and can either grant or deny
Books that contain written opinions of appeals courts that may be used as precedent in later cases.
A legal decision that binds later courts in certain circumstances to follow the logical and legal holdings of a previous court in interests of fairness, justice and clarity.
A term to describe the overturning or setting aside of precedent from one court, when it is voided and replaced by another precedent from the same or higher court.
The power of the courts to review statutes, administrative rules and regulations, and other acts of government.
Precedent that a court is not required to observe as binding law. Usually originates from another state. May look to but don't have to
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