A case from the United States District Court, Northern District of Georgia, will usually be appealed to the U.S. ____________ for the ____ circuit.
a) court of appeals b) 11th circuit
What is a non-party?
A party is the defendant and the plaintiff. The non-party is everyone else (witnesses etc.)
In the court system, the GA magistrate has to be a case worth how much?
Up to $15,000.
What is a certiorari?
When you request the highest court to take your case. 4 out of 9 judges would vote to take the case.
What is an appellant?
the losing party at a trial, the party appealing the case.
What is an appellee?
the party in which the the appeal is taken.
What are the four negligence elements?
1.) duty 2.) break of duty 3.) "proximate" cause- was it foreseeable to the defendant of a superseding cause which broke the causation chains. 4.) damages
What does the superior courts have exclusive jurisdiction over? (four things)
1.) felonies 2.) "equity" cases 3.) divorce 4.) title/ownership to land *CASES OVER $15,000
What does the federal courts have jurisdiction over? (four things)
1.) federal Constitution matters 2.) violation of federal statutes 3.) civil matters in excess of $75,000 4.) diversity of citizenship
What does this mean this mean -- 1:96-cv-02587-CAM --- when it is written as a federal case number?
-1 stands for the area of the case -96 stands for the year of the case -cv stands for civil case, cr stands for criminal case. -the 5 digit number is the case number filed in 1996 -CAM stands for the initials of the judge
What are punitive damages?
"punishing" damages award against defendants in a certain case. You would need to show they had intent or harm by defective product. Gross negligence with proof (ex. intoxication)
What is the ratio (usually) for punitive damages?
P:C=9:1 (state farm vs. campbell case)
Why did the Abernathy case lose, but the Lee case won?
The argument that you cannot recover physical distress unless you suffered a physical injury.
What is a loss of consortium?
loss of love and affection of a spouse.
What is a substantive due process?
laws must be written clearly and understandably. Avoidance of vagueness.
How much do you recover (GA COURTS) in a Intentional tort or by a harmed product?
The full amount.
What percentage is a burden beyond a reasonable doubt? In what kind of case?
What percentage is preponderance of the evidence? In what kind of case?
What would be a majority opinion?
What is a dicta?
a hypothetical in a majority opinion.
What is a litigation?
a dispute that goes into the court system.
What is a summons?
tells defendant when to respond.
What is a service of process?
the process of serving by processors of the sheriff.
What is a substitute service?
When someone you live with is old enough to know what a complaint is and is served.
How long does a person have to respond to the summons?
fed 20 days GA 30 days - 31-45 days - by the 46th day it is really in default.
What is the statue of limitations to respond to a personal injury?
What is the statue of limitations to respond to a property damage?
What is the statue of limitations to respond to a written contract?
What is the statue of limitations to respond to an oral contract?
What is the statue of limitations to respond to a UCC contract?
What is a counterclaim?
When A v. B and B sues A in the same case.
What is a cross-claim?
When A v B + C and B sues C in the same case.
Who won in the McDonald's case and what were the responsible parties percentage of guilt?
The lady won in the case. McDonald's was 80% responsible and the lady was 20%. (or rather her grandson who was driving the vehicle).
Discovery must be completed within ____ in GA state/superior court.
If discovery is served by plaintiff the complaint + the summons, defendant has ____ to respond to complaint. but ___ to respond to the discovery.
a)thirty days b) 45 days.
What is a deposition?
an oral statement under oath outside of the court. (usually in a law office)
What are interrogatories?
written questions on the other side that have to answer under oath.
What is a smoking gun document?
damaging document that would end the other side's case.
What is a mental/physical exam?
If a person is injured and the other side wants to have them see a doctor.
What is a motions? When does this occur in the trial?
A request to the judge for some type of relief. Before the trial.
When does dismissing a trial usually take place?
Before the trial.
When does a summary judgment usually take place?
Before the trial.
When do sanctions take place? What are they?
Before, during and after. Sanctions are asking the judge to strike the other side's pleadings. (punishments)
When does a direct verdict take place?
During the trial.
When does a new trial take place?
After the trial.
When does a JNOV take place?
After the trial.
What is a summary judgment?
A judge ruling prior to trial, standard is you have to show there is no important issue to dispute - then the law is on your side.
What is a subpoena duces tecum?
"Show up and bring the folling items with you".
Voire dire is?
What is a challenge for cause?
unlimited number for jury to believed to be biased.
Peremptory challenge - Batsen is?
You cannot use perenters to throw jurors off the selection with a basis of race.
What is a cross examination?
Only asking leading questions with a yes or no answer.
Direct examination is?
Questioning your witness while not putting words in their mouth.
What is a civil judgement?
Paper stating how much the defendant or plaintiff wins in the case.
They can be received back to the parties if it is in the contract or suing case, but it needs to be stated and agreed upon beforehand.
What is a judgment lien?
Can be used as land when there is a cloud preventing someone who owes to pay a the judgment first.
instructions to the sheriff to execute or levy defendant property in a civil matter.
What is garnishment?
Taking money from somewhere. Like a bank or wages (25% like child support).
Notice of appeal takes how many days?
What are appellate briefs?
Arguments on both sides of the trial.
What is mediation?
Both parties sit down with lawyers/facilitators to discuss a compromise on an agreement.
to go before neutral decision makers and their decision is binding.
If your attorney has a case in Fulton County State Court + finds following cases with the same facts + issues as the one s/he is arguing to the judge-
a 1980 case from the Georgia Court of Appeals
What is an injunction?
Refraining someone to do something.
What is specific performance?
Compelling someone to do something.
What is en banc?
When all the members of an appellate court hear an argument, they are sitting en banc.
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