Glossary of Law MidTerm Jurisdiction
Deck Info
Description
Tags
Other Decks By This User
- 4 Sources of Law
- 1. Constitution
2. Legislation
3. Case Law
4. Administrative Agency and Regulation
- State Legislation is known as
- Statatory
- The reason for case law
- provides some predictablity (follow a precident)
- IRAC Method = I
- Issue - decide what it is
- IRAC Method = R
- Rule - find it and copy it verbatim
- IRAC Method = A
- Applicaiton - (toughest part), apply the law to your issue
- IRAC Method = C
- Conclusion - draw a conclusion
- Jurisdiction (define)
- latin for Let the law speak (Juris and Diction); Power of a court to hear a particular case
- Subject Matter Jurisdiction (State Court)
- The court's power to deal with the general subject matter involved in a case. Must have this and Personal Jurisdiction in order to try a case
- Personal Jurisdiction (State Court)
- For Plantiff: easy - they always have it;
For Defendent: easy - if they are from state; tricky - when out of state (have to look at the details). Must have this (or "in rem") and Subject Matter in order to try case.
- In Rem Jurisdiction (State Court)
- Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants
- Long Arm Statute (State Court)
- All 3 must apply: (1) Are there sufficient minimum contacts (2)Are those contacts related to the subject of the litigation? (3) Is it fari to hail defendent into court in this state
- Diversity Jurisdiction (Federal Court)
- Suit is between people (or entities) of different states AND the amount in controversy is over $75,000 (controversy could be all things added up including physical and emotional damages)
- Federal Question Jurisdiciton (Federal Court)
- Cases arise under the federal Constitution or a federal law or treaty
- Grounds for Appeal (5)
- 1. Procedural Problem that affected outcome
2. Lower court lacked jurisdiction or authority
3. Action was not justified by record evidence (arbitrary and capricious)
4. Agency or court made a mistake in interpreting law
5. Action violates Constitution
- Writ of Certiorari
- Appealing to the Supreme Court (They then choose whether or not to hear you)
- What does a Court of Appeals do?
- Look at the facts of case and they (1) Remand (send back to trial) (2) Send up to Supreme Ct (3) Make a decision
- Civil vs. Cirimal Law (Differences 1 of 4)
- 1. Civil Law plantiff and defendent 2 private parties while criminal law the State brings the action (or the United States in case of Federal)
- Civil vs. Cirimal Law (Differences 2 of 4)
- 2. Burden of Proof are different (harder for Criminal)
- Civil vs. Cirimal Law (Differences 3 of 4)
- 3. The stakes are different (Criminal, you lose your freedom and go to jail; Civil, you lose money)
- Civil vs. Cirimal Law (Differences 4 of 4)
- 4. Goals of 2 systems are different (Criminal = to Punish; Civil = settle a dispute) and there is no concept of Guilt in Civil cases (A defendent loses a civil case they are Liable)