cueFlash

Glossary of Law MidTerm Jurisdiction

Start Studying! Add Cards ↓

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)

Add Cards

You must Login or Register to add cards