ENT 200 1 terms
Terms
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- If writ not granted, lower court decision is final
- Writ of Certiorari
- Where case is first brought; deals in issues of fact
- District Court
- Deals with appeals and issues of law
- State court of appeals
- Second appellate review dealing with issues of law
- State Supreme Court
- Process to resolve disputes
- Civil Litigation
- Claims damages before court
- Plaintiff
- Defends against plaintiff
- Defendant
- Right of a court to hear & decide the case
- Jurisdiction
- Jurisdiction is needed over
- subject matter and either persons or property
- Wills & Trusts, Child Custody
- All in Probate Court
- Municipal Matters
- Municipal Courts
- Limited claims of usually $25,000 or less
- District Court
- Larger claims than 25,000$
- Circuit Court
- Three(fourish) bases Federal courts may hear cases
-
-Cases in which the U.S. is a party to the suit
-Cases involving federal law
-Cases involving citizens of different states
-Amount in Controversy is for more than $75,000 - In rem jurisdiction
- The dispute between the parties is over property
- Quasi in rem jurisdiction
- Defendant’s property is attached to pay for unrelated matter
- Appropriate geographical location of the court that has jurisdiction
- Venue
- In controversial or well-publicized cases, defendants will ask for
- change of venue
- Either party may request a change of venue to a more convenient court that could hear the case.
- Doctrine of forum non conveniens
- Best way to discover the truth is through competing evidence
- Underlying belief
- What are nominal damages?
- Proves case to be true, but not damages
- If no further appeal is available, judgment becomes final
- res judicata
- Enforcement of judgment is through
- writ of execution
- A promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty
- Contract
- Everything is okay--all elements are there
- Valid
- One of elements is missing--lacks a requirement of a contract
- Void
- Is valid but capable of being voided by a circumstance
- Voidable
- Was initially valid, but not enforceable due to a change in law or it is held to violate public policy. No remedy.
- Unenforceable
- Reject the original offer but keep negotiations open by presenting new offer
- Counteroffers
- Something of value or something bargained for in exchange for a promise
- Consideration
- Discharge and payment accordingly
- Total performance
- Transfer of rights to another
- Assignment
- Transfer of duties to another
- delegation
- Performance is substantially less than the contract provides
- Material breach
- A party indicates inability or lack of desire to perform
- Anticipatory breach or repudiation