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PSY 292 Forster- Introduction to Biobehavioral Statistics for Non-Majors
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This 74 page Bundle was uploaded by Patrick Butler on Tuesday April 7, 2015. The Bundle belongs to PS 275 at University of Oregon taught by David Root in Fall. Since its upload, it has received 167 views. For similar materials see Legal Process in Political Science at University of Oregon.
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Date Created: 04/07/15
01142015 Agencies 0 Administrative 0 Carry out federal or state programs depending on the program 0 Medicare would be a federal program 0 Regulatory 0 Set rules and act as the relevant courts 0 Law enforcement o All federal agencies fall under the executive branch Federal agencies often have a wide berth of what is allowable 0 FBI 0 Secret service Provide protection to the US treasury classi ed materials and the presidential families 0 Alcohol Tobacco and Firearms ATF o lmmigrations and customs enforcement ICE 0 Prosecutorial Attorney General Federal State Prosecutors of ce Local county and city Adversarial System 0 Trials Juries and procedures 0 Alternative dispute resolution ADR Arbitration and mediation The constitution is fundamental law 0 A piece of legislation from congress is ordinary law o A piece of legislation is assumed to be constitutional until proved otherwise Functions of the court 0 Interpretation of the constitutions o Conservative and liberal Conservatism concepts n Originalism n Plain meaning old language 0 Its original intent Liberal concepts n Prudentialism n Structuralism n Plain meaning new language 0 How would it be interpreted by someone today 0 Judicial review 0 limits Precedent Judicial doctrines Congress controls court jurisdiction n Controls jurisdiction of appeals in article 3 Constitutional amendments n Congress has only done this a few times 0 11thamdendment 13 amp 14th amendment 0 slavery 0 16th amendment 0 taxes 0 26th amendment 0 sets voting age at 18 Presidential appointment I The president appoints judges hopefully keeping the judge near popular opinions Legislative power 0 Enumerated powers 0 Article 1 section 8 Interstate commerce 0 Implied powers 0 The necessary and proper clause 0 Very expansive Executive power 0 The power of the sword o Executes legislationjudicial decisions 0 War power 0 Power of veto Civil right and liberties articles Habeas corpus 0 Being held in custody or detained unlawfully o Expost fact 0 laws 0 Bills of attainder 0 14th amendment 0 incorporates the bill of rights to states due process clause 0 reverse incorporation through equal protection equal protection D levels of scrutiny strict 0 intermediate 0 rational basis af rmative action 0 Due process Property a 5th amendment 0 the gov t cannot take private property without just compensation privacy n the 14th amendment u very broad a not technically in the constitution n protects morally ambigous nonillegal activities Fundamental rights 0 Bill of rights and the rst few amendments o The right to marry procreate and raise your children Strict scrutiny applies to review of fundamental rights 0 Racialreligious discrimination is also strict scrutiny Amendments 0 Civil war amendments 0 13th amendment abolishes slavery 0 14th amendment civil rights 0 15th amendment black suffrage 0 Voting amendments 0 15th amendment black suffrage 0 17th amendment direct election of senators pulled power out of political parties and put it into the hands of the voter 0 19th amendment women s suffrage o 23ml amendment Washington DC presidential suffrage 0 24th amendment antipoll tax 0 26th amendment 18 year old suffrage 1971 o Other amendments 0 11th lawsuits against states states don t have to get sued 0 16th Federal income taxes 1913 o 18 21St 18th amendment a prohibition letamendment n repeal of prohibition o 22ml Limits the president to 2 terms Legal history 0 Common lawjudicial review 0 Judgemade law 0 Precedents Stare decisis stand by what has been decided 0 Common law is all about interpretation 0 Judicial review The power to review government action and strike down unconstitutional stuff Government structure Federalism 0 Shared powers between feds and states o Courts police boundaries of federalism 0 Rule of law No one including the president is above the law a le impeachment House of reps creates the articles of impeachement Senate is in chage of the trial 0 Separation of powers 0 three branches of government judicial execque a veto power a enforce the law a commander and chief cant declare war but onec its declared the prez is in charge a Judicial appointment legislative o Necessary and proper clause Gives congress its implied powers 0 Checks and balances 0 Power of the budget legislative 0 Power of the sword executive 0 Judicial review courts 0 10th amendment vs 14th amendment 0 10th amendment is state powers 0 14th amendment due process a property and privacy protection anti discriminatory equal protection clause 0 Page 102 has graph 0 Civil rights 0 Due processequal protection 0 14th amendment 0 o BOR criminals 0 4th 5th 6th and 8th 0 Levels ofjudicial scrutiny o Strict scrutiny Member of a suspect class or are infringing on a fundamental right the government must have a compelling and narrowly tailored interest a Three main suspect classes 0 Nationality 0 Religion 0 race 0 Intermediate scrutiny Gender An important right infringed on the government must show an interest and that the law is substantial relation 0 Rational basis Review from the book 0 Judicial section Choosing judges 0 Federal judges are appointed and have life tenure 0 State judges are usually elected o Accountability 0 Independence o judicial restraint o judicial activism Methods of constitutional interpretation 0 1St amendment rights Test will be MC Fill in the blank Long essay Pay attention to quotcase in pointquot court cases Study Marbury vs madison BRING GREEN BOOK Discussion Concurrent powers federal vs state 0 Powers shared by the state and the feds 0 Power to Tax Borrow money Maintain courts Marbury v madison 0 One of the most important supreme court cases Formed the basis for judicial review under article 3 of the constitution Helped de ne the difference between the executive and judicial branch Creates a check against the other branches since they have the nals say on what is constitutional Powers of the state govt lssues lisencing 0 Interstate commerce 0 Conduct elections Due process clause 0 Main part of the 14th amendment 0 No state shall make a law that infringes on the rights of its citizens 0 Brown vs board of education 0 Roe v wade Voting amendments 15 no denying rights 0 17 popular vote for senators 19 womens suffrage end of WWI o 23 DC suffrage o 24 no poll taxestests o 26 18 year old suffrages Commerce clause 0 enumerated power to congress 0 allows congress to regulate commerce 0 states can still regulate commerce within their state lines Article 1 of the constitution o Enumerated powers of congress Common law lnitially inherited from England Judge making laws The notion of precedent We added juries though Cases Mcullough vs Maryland 0 Establishment of a bank 0 Establishing implied powers Brown vs board of ed Plessy vs ferguson o Marburry vs madison Federalism Separation of powers Implied powers 0 Powers not speci cally enumerated but implied by an instrument like the constitution 0 Established in McCullough vs Maryland Right to privacy Not speci ed in the constitution 1St amendment right to petition govt freedom speech separation of church and state 0 does not protect religion if you violate the law Freedom of expression 0 Clear and present danger Strict scrutiny o The highest level ofjudicial review Seperation of powers Constitutional assignment of powers to the three different branches Exclusive powers of the national government Coin money Only they can do this Know checks and balances for each branch At least 2 per branch Look to HW for essays Enumerated powers Listed in the rst 3 articles 1 executive 2 judicial Judicial activism 0 high court rulings that strike down laws of congress as unconstitutional on the basis that is personally motivated Mcullough v Maryland Gov t established a bank in Maryland 0 Established implied powers of the government Necessary and proper clause Marble vs layer cake federalism 0 Marble they are mixed in and hard to delineate Layer cake is when there is clear separation Brown vs board of educatin 0 Very controversial in the south 0 De segregated schools Ruled separate but equal unconstitutional o Plessy v ferguson 5th amendment 0 no person shall be held unlawfully Originalappelate jurisdiction Habeus corpus Most celebrated common law write 0 Requiresjust cause Ex post facto Transactional law 0 Properties and contracts 0 Essentially law that makes business run 0 Property 0 Real property Land or building Extensions of land Fixtures or attachments to land a How physically permanent is it to the land I And how vital is the attachment to the purpose lntertwined w economy Bundle of sticks property rights a Exclusion Possession is 910 of the law for property a Transferability 0 Personal property 0 Tangible Cars Anything you can touch 0 Intangible Stock certi cates Money in the bank Bundle of sticks Patents Trademarks Security agents a Forms of collateral o Bailments The owner of property puts it in possession of someone else to take care of it I Like valet TestsWill o Willsintestate lntestate is what happens if you die without a will Formation n Requires disinterested witnesses and the person who writes the will Unduein uence n Executechange a will that s in favor of the person in uencing the will executer n Codicil To change the will u Trusts Trustswills Trusts 0 Living 0 Effective immediately Testamentary o Formed and established and go into operation upon the death of someone o Revocable o Irrevocable Wills Formation Test dater 0 One who the will applies to the person who dies 0 Must be competent and mentally aware 0 Must be sober 0 Must have attorneys and witnesses present 0 If you don t have a will you go to intestate o If you do not have a will these are the rules the state use to divide up your estate Codicil o A change to the will 0 Challengeable based on undue in uence Real estate 0 Tenureestates o Tenancy in common Joint tenancy without survivorship rights 0 Joint tenancy Multiple owners own an undivided portion of the real estate When one owner dies the land is split among the surviving tenants Partition suit When a court decides how the property will be split up when the joint tenants cannot o Tenancy in entirety Between husband and wife o Mortgages 0 A loan where your house a collateral for its purchase 0 Lessorlessee tenantlandlord 0 Rights amp Duties o Landlords Rights a Rent a Evictposses I Must rent to everyone Duties n Warranty of habitability 0 Proper electricitywaterutilitiesetc Shelter 0 Tenants Rights a Posses Duties a Make reasonable use 0 Keep the place livable and use it as it was designed to be used and as good as you got it minus reasonable wear and tear Regulationeminent Domain 0 Planningzoning 0 Restrictions on how land can be used Usually states put in plans that are then approved by the local community Zoning done by local community to local owners 0 Public use amp just composition 0 If the government is going to take your property they have to pay you market rate and it must be for public use Contracts 0 Implied contract 0 Things like buying a cup of coffee Expressed explicit contract 0 Where terms are clearly laid out Bilateral contract 0 A promise in exchange for a promise Unilateral contract 0 An exchange of a performance for a promise Voidable contracts 0 A contract that can be void 0 Usually a contract with a minor 0 A void contract 0 A contract for illegal things Elements of a contract Capachy 0 Mental competence 0 Over 18 0 Offer 0 Can be made orally or in writing 0 Can be taken away at any time unless a time frame is laid out Acceptance 0 Mirror image rule The acceptance must be an exact replica of the offer terms o If it does not meet the mirror image rule it is not an acceptance but a counter offer Consideration 0 Generally money Preexisting duty o If you agree previously to a service you cannot re negotiate your consideration Statute of frauds o Requires certain types of contracts to be in writing Marriage licenses Real estate Property over 500 To take on debt for another person A contract that cannot be performed within one year Parol evidence rule a Aka the four corners rule Contract breach 0 Breach 0 Not illegal to breach a contract 0 Non performance of a contract Tenant doesn t pay rent Gardner doesn t cut your grass 0 Anticipatory breach ef cient breach Someone found a better deal than the current contract and choose to breach the rst contract and take the second one n This is done if the new deal is not only more advantageous but will cover damages 0 Damages 0 Payment of money to ful ll the contract 0 Punitive punishment Contract is breached and there is an act of tort o Other remedies 0 Speci c performance It will still be carried out because the contract pertains to a unique item n Things that are limited 0 Ex real estate art certain services 0 Rescission Cancelling the contract UCC uniform commercial code 0 Model law for commerce 0 Each state sets up their own and they are relatively uniform except for Louisiana 0 Article 2 0 Sale of goods 0 Price product and timeplace of delivery are disputed the law will allow the contract to continue through dispute 0 Contains the warranty of merchantability The product will work as advertisedexpected 0 Contains warranty of tness of purpose What ever is bought will meet the speci c performance a Both the seller and buyer are aware of the speci c purpose in this warranty 0 To waive any article 2 warranties it must be put expressly in the contract that these warranties will be voided 0 Article 3 o Holder in due course Protects you from 3rel party fraud n Ex your friend was given a bad check who then endorsed it to you 0 Commercial paper Non negotiable n Investment securities 0 Stocks 0 Bonds Negotiable n Checks n Mortgages 0 Article 9 0 Deals with transactions of commercial paper nancing and insurance security agreements o Protects seller who les a nancing statement Noticing all potential customers there is a lien on the property Business Associations 0 Sole proprietorship 0 Single owner 0 Taxed once Liable for business 0 Partnerships 0 Pass through tax entities 0 General partnership Joint and several liability n Liable for your actions and your partners 0 Limited At least one general partner and as many limited partners as you want a Limited partners are not liable for others acUons D And less management control a General partners are liable for the actions of the entire partnership but also retain managerial control 0 Limited liability A partnership with no general partners Everyone is only liable for what they do Everyone shares in managerial responsibilities Corporations 0 Double taxations Corporations are taxed on their pro ts Shareholders are also taxed on income 0 Shareholders are only liable for how much they invested in the company 0 Perpetual ownershipmanagement Shares stocks are passed down via inheritance Board of directors keep single deaths from affecting management signi cantly 0 S corporations Less than 50 shareholders Pass through taxations o C corporations Publicly traded companies Fortune 500 company 0 Limited liability companies LLC 0 Bankruptcy Chapter7 0 Full discharge 0 absolve ALL of your debt 0 taken all assets excluding necessities Chapter 11 0 Corporate reorganization Chapter 13 o Wage earners plan individual reorganization A debt repayment plan Creditors become garnisher and employer becomes garnishee n Employer will slowly pay part of your debt from your paycheck wo your say 0 Certain types of debt like student loans will not be wiped out via bankruptcy Torts o Negligence 0 Someone did not reach reasonable duty of care 0 Duty Must provide safe facilities Reasonable foreseeability o Breach o Causation Proximate n Aka legal causation or reasonably foreseeable 0 Was the accident or negligence reasonably foreseeable Actual u quotbut forquot test 0 you would not have suffered damage but forthe negligent act 0 Damages Pain and suffering o Defenses Contributory negligence u If the plaintiff was involved or at fault in ANY WAY you cannot recover any damages Comparative negligence I Take the plaintiffs fault percentage and subtract it from the total settlement 0 Intentional torts 0 against the body assault battery false imprisonment n assault the person feels immediate danger a battery a physical striking of somebody s body 0 against property trespassing amp nuisance n applies to real property conversion 0 against the person intentional in iction of emotional distress u must be offensive to the general standards of society a must cause SEVERE emotional distress 0 against reputation slander libel defamation n slander is oral a libel is written a public gures must prove reckless disregard for the truth Strict liability 0 Certain types of conduct usually hazardous leave the operator liable no matter what Aka moving gas 0 defect in product something went wrong and the seller is liable o Defect in process Sue the literal producer of the defect Civil Procedure basics 0 Parties Jurisdiction 0 Personal jurisdiction Courts have the power to hear the case and make a judgment Keep the case close to home 0 Subject matterjurisdiction Courts have the authority to hear that type oc claim n The four types of court 0 General jurisdiction 0 Anything goes 0 Small claims 0 Under3k 0 Family 0 Family stuff 0 Probate o Willstrustsestates Pretrial Pleadingsmotions o A complaint from the plaintiff 0 Answer A defendants response 0 Motion 12b6 A motion to dismiss 0 Discovery 0 Oral The taking of depositions a When attorneys ask questions in pre trials 0 Written Three basic documents a A request for admission RFA o Admit basic facts about the case not very useful mainly basic information like that they are who they are n A request for a production of documents RFP o Medicalrepair bills in cases of damage 0 Income statements with claims of loss income a lnterrogatories 0 Written depositions o All questions and responses are done exclusively through writing Can be abused by extending the process 0 PTC Settlement negotiations o Settlements to avoid trial process 0 Gives certainty and saves time o Voir Dire 0 Jury selection 0 Three peremptory Throwing out jurors I Usually for con ict of interest Trial 0 Opening statements 0 Trying to acclimatesway the jury to the trial 0 Plaintiffs case and chief o 1 Calling witness for direct examination 0 2 cross examination Defendants motion o Directed verdict Almost always done but rarely granted Defense attempts to argue plaintiff has no real claim Defendants case DefendantsPlaintiffs rebuttal o Allows for new evidence or witnesses that come to light as the trial goes on o Rebuttals can go back and forth inde nitely Final motions 0 Usually another request for directed verdict Closing arguments o Resummarizing evidencetestemonials and offering direction for the jury Jury instruction 0 Explains special ruleslaws to them Jury deliberation 0 Determining what the resolution verdict is by the jury Jury verdict 0 Their decision 0 Hung jury No decision 5050 split 0 General verdict Determination of whether the defendant is liable and if so for how much 0 Special verdict le comparative negligence a How responsible each party for the damages and how liable for damages each party is 0 Post verdict motions o The losing party makes a motion for judgment not withstanding the verdict A motion to the judge to throw out the jury s verdict Rarely granted 0 Judgment 0 Appeals 0 Request that the trial be taken to a higher court Evidence 0 Types realtestimonial and directcircumstantial 0 Real Blood Hair samples Bullet casings o Testimonial Witness testimony Oral evidence 0 Direct evidence Established Facts without inference o Circumstantial Evidence with inference Not established fact Admissibility 0 Must be relevant Has importance or probative value to the case Character evidence based on past behavior would be considered inadmissible since the past behavior is not necessarily related 0 Witness must be competent o Hearsay Evidence made to establish as fact that what being said is fact Hesaidshesaid Out of court statement offered to assert the matter asserted o anHeges o Attorney client privilege 0 Marital privilege o Clergy privilege Confessions etc cannot be used in court Objections Appeals 0 Filing o o Briefs 0 Written documents of appeal 0 Oral argument 0 The lawyers argue directly to the judges of the 5th circuit court of appeals Parties are welcome to come but rarely do 0 There is no jury 0 Conference 0 Secretive 0 Only judges are allowed in the conference room 0 Where they deliberatemake the judgment 0 Decide who will be in charge of writing the courts opinion Judgement 0 Usually 3 judge panels sometimes 5 0 Three types ofjudgement Af rm the lower court a Upholds the lower courts ruling Reverse the lower court ruling a Reverse the ruling Remand to the lower court a Retry the case with particular guidelinesstipulation Opinion 0 Supreme court opinion Law of the land a Unless an amendment changes it o The opinion is only the law of the jurisdiction in courts below supreme court Reheanng 0 File for 0 Of right 0 After losing a court have 30 days to le 0 Asks to have case reviewed by the next highest court Criminal law Parties 0 The prosecutors The state 0 The defendants People being accused of a crime Substantive Procedural 0 Laws must be written so they are clear Must be clear enough to give people notice of what is rightwrong Felonies o Determined by state and statutes 0 Considered wrongs against humanity o More severe than misdemeanors o Mala inse The act itself is considered wrong Misdemeanors o Mala prohibita It is wrong because it is prohibited against the rules Sources 0 Interpret statutes Ex committing a crime on a patio is considered quotin the homequot even though technically it is outside the home Limits 0 lstamendment 0 5th amendment o A right to privacy Elements of crime 0 Actus reus 0 Physical act of the crime 0 Mens rea o intent Purposely n The crime was committed on purpose Knowingly n Aware and intentionally putting people in harm Recklessly a Showing no regard for the lives of others NegngnUy n The party should have been aware of the reasonable probability but was not lnchoate offenses Solicitation 0 Context is very important 0 Conspiracy 0 An agreement between two people to commit a crime 0 Requires an overt act and intent o Preparatory acts do not qualify as overt acts 0 Attempt 0 An overt act to commit a crime Offenses against persons o Assaultive 0 Assault 0 Battery 0 Aggravated deadly weapon or serious injury 0 Homicide o A person killing a person 0 1St degree murder premeditation malice and a forethought n aka intent 2rml degree murder a knowingly killing someone I using deadly force without intent to kill somebody speci c 0 Manslaughter Voluntary n Acting without thinking a Spontaneity a quotheat of the momentquot homicide o involuntary constructive a purposeful I transferred intent criminal negligence u not properly safereasonable a doctors doing a poorjob n carelessly driving 0 aka running red lights and killing somebody o Justi able Self defense Police 0 Excusable When somebody dies from unfortunate circumstances when there is no real intent or culpability o Felony murder A killing during the commission of a felony o Assisted suicide 0 Rape 0 Lack of consent from victim 0 Statutory rape o Rape shield law Keeps past sexual history of being introduced into court a Applies to defendant and victim o Megan s law Sexual criminals must register with local law enforcement o Rape trauma syndrome If a victim goes on to display mental illnessdamage after an alleged rape Can be used to prove a lack of consent Offense against property 0 Extortion Destruction of property The o Larceny Just stealing an item with no force 0 False pretenses o embezzlement Robbery o Stealing an item from a person with forcethreat Habitation offenses o Burglary Entering a building with the intent to commit a crime 0 Arson Burning of property 0 Criminal trespassing Trespass where violence occurs With the purpose to commit a crime 0 Extortion Taking of property due to threat of future harm Use of blackmail Defenses 0 Negative 0 ldidn t do it o Af rmative 0 Lack of capacity Infancy I Have not attained the age of majority Intoxication I Usually only a defense for speci c crimes 0 Murder Larceny o Burglary lnsanity n Unaware of reality I Must prove severe mental diseasedeffect o Excusejusti cation Duress n Actual threat of death a Harm must be less than the harm that was going to happen to you a Threat must be immediate a No other option Necessity n Reasonable belief of an imminent threat a Harm avoided is greater than the one you committed I Must be out of options Consent o Justi ed force 0 Constitutional rights Statute oflimitations Immunity I Use immunity 0 A witness may gie testimony that they were also party of the crime but that testimony cant be used a Transactional immunity 0 Aka total immunity 0 In exchange for testimony you are completely exonerated from a crime Double jeopardy I Cannot be tried for the same crime twice in the same jurisdiction 0 Assailing government conduct entrapment Punishments Goals 0 Retribution o Deterence Make it so shitty no one wants to commit the crime 0 Rehathann Rehabilitate the criminal my reforming the mindmorals of a crime 0 lncapacitation Keeping them from committing more crimes n Ex jail or drivers license revokation Death penalty 0 Only applicable to 1St degree murders an dfelony murders o Deterent if you murder somebody you will be killed by the state o Incapacitation if they are dead they cannot commit more crimes 0 Incapacitation quotan eye for an eyequot 0 Incarceration 0 Murder with a rearm 25life o Felonies are usually a year forjail time o Misdemeanors are under a year Also incarceration is not the preferred punishment for misdemeanors o Fines o A form of retribution 0 Can be in addition to jail time Search and Seizure warrants Reasonable expectation of privacy 0 Incorporates Actual belief from a reasonable person that the area is private The person accused must also feel this way 0 Probable cause 0 Must le an af davit with a judge o The judge will then take in the totality of the events if it seems like a crime is afoot a warrant will be issued Essentially a common sense test 0 Exclusionary rule 0 Search and Seizure warrantless o Exigent circumstances 0 There is no time to go through warrant procedures to save evidence 0 National security Reasonable suspicion 0 Anything that seems suspicious in the cops eye can constitute a pat down 0 Warrantless searches 0 Plain view Must be evidence apparent of a crime 0 Roadside automobile searches Traf c violation establish probably cause to search the car 0 Search incident to a lawful arrest An of cer can search your body 0 Hot pursuit After getting caught after running from the police they can search you and the surrounding area Arrest and Interrogation o Warrantwarrantless o o Miranda warning 0 Right to remain silent 0 Right to counsel 0 Right to counsel 0 Right to a lawyer at all phases of an arrest 0 Fruit of the poisonous tree 0 If the methods used to get a statement were unconstitutional any evidence gained from that is inadmissible Pretrial process 0 Initial appearance 0 Preliminary hearing 0 Both parties exchange information relevant to the case 0 Pleabargains usually follow preliminary hearings o Plea bargain 0 Always at play 0 9095 of cases are settled via lea bargain Criminal Trial 0 Steps 0 Jury selection 0 Pretrial motions Common motions n Motions for continuance n In limine motion 0 Opening statements Prosecutor gives rst opening statement a A general theory of the case The defense may wait and not make an opening statement 0 Prosecution s caseinchief Elements of case lnitial establishment of beyond a reasonable doubt Calling of witnesses a Direct examination a Followed by cross examination of witnesses Introduction of evidence Redirection of evidence Motion to dismiss defense a Typically denied Defenses case in chief n An attempt to undermine the prosecutions case a Does not to disprove all elements of the case like the prosecution has to n Establish witness for defense 0 Direct examination 0 Cross examination by prosecution Set jury instructions n In camera Closing arguments Prosecution rebuttal n One last chance to make case Jury instruction again Jury deliberation n Sequestration Plea bargain offered one last time Verdict if no plea bargain is agreed upon Sentencing phase Sentencing o Noncapital cases 0 Determinate sentencing o Inde nite sentencing o Sentencing guidelines 0 Capital cases 0 Bifurcated trial 0 Aggravating factors Murder in front of a child Was the death gruesome Victim impact statement a Economicpsychological damage Recidivism n Repeating crimes 0 Mitigating factors Shortens sentence Factors n Age of defendant minor n Substance abuse I Mental illness I Provocation n Lack of a criminal record 0 First time offender n Statements made by defendants during senetencing 3 strikes rule 0 after two serious crimes the third crime is mandatory minimum sentencing 0 can receive life Death penalty can be administered for 0 Murder 0 Treason Appeals for criminal cases 0 Done by courts of appeals at the state level unless constitutionality is at stake 0 Appeals Appeals of right a An appeal to make sure the trial went right Writ of habeus corpus n An appeal after conviction to prove you are being legitimately held 210226 common law real estate Land tenure o fee simple estate can do what they want with the land 0 fee tail estates only dispose of estates with their family 0 life estates aka estates during the life of another most restricted grantor seller of real estate Warranty deed A document that contains promises called covenants to protect the buyer Grantee Buyer Quitclaim deed Joint tenancy Multiple owners own an undivided portion of the real estate When one owner dies the land is split among the surviving tenants Partition suit 0 When a court decides how the property will be split up when the joint tenants cannot Tenancy in common A joint tenancy without survivorship rights Tenancy by the entirety Tenancy between a husband and wife Ownership can only be transferred from one to the other Real estate taxes Are Ad valorem at value taxes Homeowners can appeal the appraisals at the board of equaHzann 235249 Contracts Article 1 section 10 of the US constitution states o quotno state shall pass any law impairing the obligation of contractsquot Express contract 0 Parties explicitly state the terms of their agreement Implied contract 0 The conduct of the parties evidences a contract Ex when someone orders a burger one implicity agrees to pay the menu price Bilateral contract 0 A contract where both parties exchange promises Ex party A promises to pay party B 10 if party B promises to engage in oral coitus promptly upon payment Unilateral Contract 0 One party responds to an offer by another to perform an act Ex a gardener responds to a request for oral coitus by performing it The gardener never promised to do it but upon acceptance of the offer he has entered into the contract and now must perform Executory contract 0 One that has not been fully performed Executed contract 0 A completed contract Voidable contract 0 A contract that can be legitimately cancelled 0 Usually involving a minor Void contract 0 One the government does not recognize An agreement between an un registered se worker and a narcotics traf cker to exchange 10 for 1 grams of rockcocaine is a void contract Formal contracts 0 Contracts containing Negotiable instruments Checks or promissory notes are negotiable instruments Because of the inclusion of negotiable instruments certain language and and legal terms must be used making it a formal contract 0 Informal contracts 0 Contracts that do not meet the formal requirements 0 Contract requisites 0 Offer Offeror n One who makes the offer Offeree n One who accepts the offer An offer must be accepted n the terms proposed Must be reasonable Both parties must have mutual assent and capacity to contract a Mutual assent 0 An offer and then acceptance n Capacity to contract Over 18 and mentally competent Must be made and feature a reasonable time frame u If no timeframe is speci ed it can be accepted or revoked at any time 0 Acceptance Must be by the means speci ed in the offer 0 Consideration Requires a bene t to the promisor and a detriment cost to the promise Considerations for a promise n An act other than a promise o Paying 10 for a blowjob n A forebearance of action 0 Party A will not build which they are legally allowed to if they can run a pipe under party B s neighbors land a The creation modi cation or destruction of a legal relation 0 Backing out of a partnership for 367 a A return promise o A blowjob for a blowjob If the terms of consideration are disputed and the two parties make a compromise it is known as n Accord and satisfaction Past acts not previously negotiated are not grounds for consideration because all consideration must be with an active contract Can be given by the promisor promise or a third pa y Promissory estoppel o Enforcing a promise because one party is in reliance upon the deal following through or they will suffer signi cant damages Difference between an offer and an advertisement 0 An advertisement is an invitation to make an offer 0 An advertisement featuring a de nite time place description of the goods and price would be considered an offer creating intent Mutual mistake 0 When a contract achieves what neither party intended and either party can void the contract Unilateral mistake 0 One party messed up Ex a party over valued an item Unconscionability 0 An offer no reasonable person would make or accept because the terms are so unequal 0 Contracts contrary to public policy 0 Contracts must be reasonably within the frame of society s expectations Statute of frauds o A statute requiring certain contracts must be in writing 0 Types of contracts All real estate contracting including leaing for more than a year Consideration of marriage That cannot be performed within a year To pay a debt or obligation of another for example a contract of suretyship or an agreemtn by a personal representative of an estate to discharge a debt Involving sale of personal property beyond a stipulated amount usually 500 Parole evidence rule a a party cannot introduce parol oral evidence to contradict the terms of a written agreement that is complete assignment of contracts 0 when one party assigns rights of a contract to a 3ml pa y 0 original contracting parties will still remain liable after assignments 0 professional services like that of a doctor or lawyer cannot be redelegated via assignment of contracts 0 Performance of contracts 0 Ful llment of a contract generally constitutes performance 0 Impossibility of performance Something happens between establishment of the contract and performance that makes it impossible to do a You agree to paint a car that is then crashed beyond repair Aka force majure clauses n Clauses in contracts that say they will not perform in the event of strikes weather or other disasters Breach of contract 0 249267 169184 torts tortfeasor o a person or entity that commits a wrongful act resulting in injury pr pss tp the vocto Torts are not always a wrongful act Derived from English common law American Law Institute releases restatement of torts o 3 editions used by courts to asses torts in modern day not actual law though Children 0 Children under the age of 7 are almost never liable for torts but between 718 is done on a case by case basis Usually doing adult activities driving working constitute liability for a tort Mentalphysical in rmities o The law recognizes that a person who suffers from physical in rmities may not meet the objective requirement but still must adhere to he standard of a reasonable person with such a disability 0 Courts must often nd a balance between the plaintiff who has suffered damages and a person who handicaps may have contributed to the damages Breach of duty 0 Defendant must establish plaintiff owes them a duty rst and then must prove a failure to act on this duty 0 Neglicence per se Where a defendant is found liable without regard to any surrounding circumstances a Often in regards to statutory regulations 0 Res ipsa loquitur Translates to the thing speaks for itself Negiligence is inferred simply by the fact that injury occurred a A doctor takes out a gall bladder instead of an appendix 0 three main types of torts plus minor torts o negligent acts or ommissions the failure to exercise reasonable care Professionals lawyers doctors etc who act below the required standard of care El El An objective standard on what a reasonable person would do Usually plaintiffs must submit evidence of industry standards to establish the required standard of care 0 Informed consent 0 Written consent of an individual Requirements for proof of negligence El El El El There must be be a duty to act in such a manner as not to expose the plaintiff to an unreasonable risk There must be a breach of duty on the party of the defendant There must be a causal connection called proximate cause between the defendants failure to abide by the duty to act in a reasonable and prudent manner and the plaintiffs loss and the result must have been reasonably foreseeable by the defendant The defendant s negligent act or omission must result in injury or loss to the plaintiff Emergency situations El Standard of care is based on circumstances at the time of the event 0 Aka a theatre or bar must have suf cient exits Causann El Proximate Uses the quotbut forquot test 0 The defendant would be uninjured but forthe negligent act 0 Injury must have been forseeable and preventable 0 Originally determined in palsgraf v long island railroad 0 An intervening act between the negligent act and injury usually causes the intervener to be liable instead of the negligent party Damages El El The defendant is required to prove an entitlement to dmages Most plaintiffs will recover compensatory damages 0 Usually determined by a jury 0 Applied to nonOeconomic and economic loss Damages are meant to quotmake wholequot the plaintiff looking for compensation Consortium o The loss of the injured spouse s servicecompanionship Punitive damages 0 Damage meant to punish a defendant who conduct evidences gross neg gence 0 Gross negligence intentional failure to perform an act required by law or the outrageous disregard of he rights of others A drunk driver who drives into oncoming traf c Defense n Assumption of risk 0 A plaintiff who voluntarily consents to a known risk assumes the consequences of such risk 0 Implied consent 0 A person s conduct may imply an assumption of risk A person who willingly participates in a contact sports and then injures themself n Contributory negligence 0 Bars a plaintiff from recovering damage if the defendant can prove the plaintiffs actions contributed to his or her injuries or losses 0 Rare today because it is considered overly harsh a Comparative negligence Asses damages based on each parties involvement 0 Ex a plaintiff found to be 80 negligent would only be able to recover 20 of the total damages 0 Considered more fair than contributory negligence o Intentional acts Acts committed by someone who intends to do something that the law has declared wrongful n Aka assault false imprisonment trespassing fraud lntent is usually determined by the circumstances surrounding the defendants acUons n Intent is different from motive because it the desire to cause certain immediate consequences 0 Motive is the conscious reason for acUng Doctrine of transferred intent n A defendants intent is transferred from the intended victim to an unintentional victim o A random person hit by a stray bullet the intent to kill would be transferred from the defendants chosen victim to the person who was actually shot Four types of intentional torts n Against a persons body 0 Assault battery false imprisonment 0 Assault One person places another person in apprehension of injury or unwanted physical contact Requires an overt act but does not require actual contact Words alone do not constitute assault 0 Battery The act of physically injuring someone An unwantedunreasonable touching of another person without consent 0 False imprisonment Intentionally restraining a persons freedom or con ning a person without consent or legal authority a Against their reputation o Defamation o Defamatory communication tends so to harm the reputation of another as to lower them in the estimation of the community or to deter third person from dealing with him Public opinion and temper of the time are important 0 Slander Oral defamation o Libel Written or printed defamation o Televisionradioother media can be considered either and is determined by the court 0 Plaintiffs must prove a nancial loss to recover damages 0 does not apply to public of cials unless they can prove it was quot it was made with knowledge that it was false or with reckless disregard whether it was false or notquot the reasoning is that they have suf cient access to the mass media to defend themselves a Emotional distress o Willfully committing outrageous acts directed against another person 0 High burden of proof 0 Must proof the defendant was intentional or reckless 0 That it offends generally accepted standards of decencymorality o Casually connected with the plaintiff s emotional distress 0 That the defendants conduct caused the plaintiff to suffer severe emotional distress 0 Public gures may be exempt from this 0 Invasion of privacy 0 Consists of four distinct wrongdoings lntrusion upon the plaintiffs physical solitude or seclusion Publicity which violates ordinary decencies Putting the plaintiff in a false but not necessarily defamatory position in the public eye Appropriation of some element of the plaintiffs personality for commercial use 0 Lifestyle altering mental damage a Against their property Trespassing 0 Going on somebody elses property without permission 0 Using one s own property to damage or create a nuisance on someone else s property Misusing Conversion of personal property belonging to another 0 Theft or failure to return anothers personal property Fraud and misrepresentation a Common law de nition consisted of o A false statement of a material fact 0 Knowledge by the person making the statement that the representation is false 0 Intent by the person making the statement that the representation will induce another to act Justi able reliance on the representation to the injury of the other party 0 Can be dif cult to actually prove fraud Defense to intentional torts n Against the person Consent o The plaintiff consented to the defendants actions 0 Statutory laws protecting certain groups override this though like sex with minors Selfdefense o Reasonable force When a person reasonably believe that it is necessary to use force to protect against a threat to one s life or property 0 Authority of the law 0 Acting under the authority of the law Ex a security guard who keeps a shoplifter or a teacher who keeps a student for detention o Defamation o If the statement turns out to be true 0 Defendants in some cases have defense of privilege Public gures may make defamatory remarks against other public gures 0 Quali ed privilege An obligation that one party inform others of a defamatory statement 0 Defense against property torts 0 Use of force Defending the property against trespass Deadly force cannot be used to simply protect property One usually must attempt to retreat or ask the intruder to desist o Necessity Trespassing was done in order to prevent greater harm to a person or to the public generally a Destroying property to prevent the spread of a re a Does not shield defendants from the duty of compensation Strict liability n One is held liable for an injury regardless of one s intent or negligence o Historically exotic animal owners and storagetransportation of explosive materials were subject to strict liability torts n Products of liability 0 Legal responsibility of those who supply goods whose defects cause injuries or losses to others 0 Manufacturers NOT sellers are usually responsible for product defaults 0 Warnings will not insulate a manufacturer from poorly designed products 0 Foreign companies usually are not held liable as they fall outside of US court jursidiction Vicarious liability n Being held responsible for the tort of another 0 Usually an employer held responsible for the actions of an employee within the scope of employment Torts of privacy n Actions violating the right to privacy n Consists of four distinct wrongdoings o lnstusion upon the plaintiffs physical solitude or seclusion o Publicity which violates ordinary decencies o Puttingthe plaintiff in a false buty not necessarily defamatory position in the public eye 0 Appropriation of some element of the plaintiff s personality for commercial use Toxic torts n Environmental wrongdoing 311327 Civil Procedure Jurisdiction step 1 The authority of a court to hear and determine a particular type of case Federal courts have jurisdiction involving copyrights patents admiraltymaritime cases bankruptcy proceeding as well as federal crimespreceedings Congress decides cases between citizens of different states Known as Diversity jurisdiction n The claim is over 75000 Subject to venue The geographical place where a law action may be led 0 Parties in civil suits O O O 0 Individual people Corporations Government agencies The plaintiff may also be known as the petitionerand the defendant as the respondent 0 Relief sought by plaintiffs O Damages Moneytary compensation for a party s injuries or economic losses general damages n damages implied by the law to have been accrued to the plaintiff that result from the injury Special Damages n Those that have accrued or will accrue to the plaintiff that did not result directly from the injury Nominal damages n Recognition that the plaintiffs rights have been violated but not necessarily damaged I Usually something like a single dollar Punitive damages n A punishment for the defendants actions Declaratory relief n Plaintiff requests the court to interpret the law in respect ot a present situation where there is genuine controversy between parties Injunction n Prevent an injury from taking place or to terminate an ongoing inujury Speci c performance a When cant recover damages some courts will make the defendant ful ll the obligations of the contract that were breached I Usually used to compel the delivery of a good whose value is debatable rarely used for actual ful llment of services 0 Initial pleading O O Plaintiffs complaint Establish court s jurisdiction and the charges against the defendant 0 Civil process 0 A formal document notifying the defendant that the O O plaintiff s complaint has been led Command the defendant to answer the plaintiffs complaint within a set period Long arm statutes Statutes allowing a resident of one state to sue a nonresident because of actions by the defendant in the plaintiffs home state Constructive service A public summons plus a copy of the letter to the defendants last known address Default If a defendant fails to respond to a summons in a timely fashion a court may enter a default judgement Defendants response to the plaintiffs complaint o A defendant before the trial starts can claimtry to prove that there is no valid legal basis for the claim or it is outside the courts jurisdiction 0 Counterclaim A claim countering what has been put forth by the plaintiff Three things can result from a countrer claim a The plaintiffs complaint could be thrown out n The defendnant could mitigate damages against them a The defendant could reverse the claim and become eligible for damages from the plaintiff 0 Cross claim Defendant claims a third party has an obligation to the defendants Class action 0 A suit brought against an alleged wrongdoer by a group of persons who have suffered wrongdoing or injury 0 Only applicable when joining all the plaintiffs together is impractical o Plaintiffs must establish the common violation amongst each other 0 Plaintiffs must be a fair representation of the suing class 0 Notice is given to all relevant parties Unless a party speci cally chooses to optout they are all bound by the courts ruling 0 Discovery proceedings 0 Limited to a party s quotwork productquot or privileged information Work product information prepared in anticipation of litigation 0 lnterrogatories Written questions to another party with requirement that answers be given and that they are given under oath 0 Oral deposition Essentially a spoken interrogatory Subject to direct and cross examination Usually only admissible in court to dispute something said during the preceding s o Settlements often come out of discovery once all relevant information has been put forth 0 Protective order An order from a judge limiting the scope of discovery 0 Case management conference 0 Called by a judge to coordinate progress of litigation and schedulelimit to discovery 0 Pretrial conference The purpose of these is to simplify the issues being tried Obtain admissions of undisputed facts obtain stipulations as to the genuineness of a document or witness Going to trial 0 Most civil cases do not go to trial 0 Motion for summary of nal judgment jury vs bench trial o If the value of the claim is greater than 20 a civil suit can be taken to a jury trial 0 Bench trial One with a judge Statutory and estate rulings are usually bench trial 0 jury size Originally 12 namesake of the move 12 angry men Now is common for courts to allow 6 person juries o jury selection Must be 18 years of age Residents of the statedistrict Not a felon EXCLUDED FROM DUTY El El El El El El El El Expectant mothers Elderly 70 Medical personel judgeslawyers Elected of cials Police Fire Relations to people in the tiral Jurors usually receive compensation for their time Venire El Body of jurors to be selected Voir Dire El El El El Interviewing ofjurors by lawyers Challenge prospective jurors Ask they be excused from serving 0 Challenge for cause 0 Jury members were improperly selected For being related to a defendant For being racist Challenge for peremptorily 0 Without reason Has to be relevant to the casethough a No genderrace discrimination 0 Limited number of these type of chaHenges 3 in federal courts Translates quotto tell the truthquot Ensures a fair and unbiased jury 0 Opening statements by counsel 0 Usually waivedbrief if there is no jury o Allows counsel to get jury acquainted with case and outline participantslegal terms 0 Counsel must inform jury that opening statements are not evidence 0 Direct and Crossexamination 0 Plaintiff counsel establishes Preponderance of evidence Preponderance of evidence burden of proof 0 Plaintiff s counsel performs direct examination Establish burden of proof 0 Defense performs crossexamination Weaken plaintiffs evidencequestion legitimacy of witness Only crossexamination allows for leading queonns Expert Witnesses o Witnesses who have expertlevel knowledge relevant to a case When the plaintiff rests 0 After opening statements have been made 0 When the defense les a directed verdict motion Asking the judge throw out the case because the plaintiffs evidence is not enough for a trial The case for the Defense and rebuttals 0 When the defense presents its evidence and calls any witnessexperts supporting their side 0 Rebuttal Plaintiff is allowed to introduce evidence as rebuttal Usually just key testimony much shorter than the defenseplaintiff s case for their side The courts instruct the jury 0 Done before closing arguments so that both sides are aware ofjury instructions when making their case 0 Instructs jury on certain rules of law applicable to the case 0 Closing arguments 0 Usually waived in bench trial 0 Assist jury in recalling and evaluating the evidences and making inferences re ecting positively on their client 0 Cannot make opinionated statements must stick to fact 0 Jury deliberationverdict o Sequestration of the jury They must remain together until a verdict is reached 0 Deliberations are secret o Hung jury A jury that cannot make a verdict n Mistrial is declared 0 General verdict A verdict that states the defendant was or wasn t liable and states damages 0 Special verdict The juries answer speci c questions posed by the trial I Like how much at fault was the defendant not just if they wereweren t at fault 0 Rules of evidence 0 Principles applicable to the admission of evidence in judicial proceedings 0 Judicial notice Matters that are beyond argument of the court without proof I Pretty much undisputed well known facts and common sense facts like the date a Parties can request a court takes judicial noUce o Evidentiary presumptions Assumption of fact the law makes based on another fact a Unproven by evidence tho Evidences establishes a fact from there the judge and jury can infer another fact is true based on what was established Other evidence can rebutthe presumption n The party rebutting the presumption has the burned of proving it false Examples a child born during marriage is the offspring of the marital partners 0 Classi cation of evidence Real n Includes tangible items such as 0 Maps guns knives blood photographs ngerprints etc Direct evidence a Evidence that proves a fact in issue and includes eyewitness testimony Indirect evidence a Establishes a fact in issue I Usually circumstantial evidence Testimonial n Evidence given by a witness either expert or lay 327341 feb 20 Requirements of admissibility o Relevancy Relevant evidence a Evidence that either proves or disproves a fact Sometimes evidence can be ruled irrelevant because of the prejudice it might bring on one pa y n A persons character is inadmissible to prove they acted a certain way n A compromise offer to a disputed claim during settlement negotiations is inadmissible n The fact that the defendant has liability insurance usually is admissible o Competency Evidence must be competent A party who can understand the nature and obligation of taking an oath in court is presumed to be competent n A party who asserts the opposite has the burden of proof in proving the witness was not competent o anHeges Privileged communication a Communication that is inadmissible in court le con dential for the societal good Attorneyclient privilege Communication between an attorney and client is not intended oto be disclosed Marital privilege Spouses are not compelled to testify against each other 0 Civil unions are usually protected Clergy privilege Communications made by aperson to a clergyperson seeking spiritual assistance are privileged Additional privileges Most states but NOT ALL have these paneges o Accountantclient o Doctorpatient o Psychotherapistpatient El El El El 0 Expert witnesses 0 To qualify a witness must have Credentials relevant to the eld of testimony And be received by the trial court I Usually at the discretion of the trial judge Expert witnesses can answer hypothetical questions and give opinions I Laywitnesses cannot Testimony considered unreliable o Polygraph evidence Super unreliable 0 General objection Objection based on relevancy 0 Speci c objection An objection based on something speci c I Ex a witness is not quali ed to answer the question posed o Hearsay evidence An oral or written statement by a person other than those in the courtroom Ex I know the defendant was home that night because my sister told me so u That s hearsay homie Get outta here with that shit Hearsay exceptions n Spontaneous or excited utterances 0 Where a statement is spontaneously made to describe or explain some event at or immediately following the event it is deemed suf ciently trustworthy a Dying declarations o A statement made when death was imminent Courts ruled that such a statement might even be a response to a bystander n Reputations and records 0 Evidence of a person s reputation in the community 0 Records like births deaths and other data contained in family records 0 Business and public records a Statements made for medical diagnosis 0 Because a patient might relay wrong information to a doctor trying to procure a medical procedure diagnoses are generally exempt from the hearsay rule 0 The best evidence rule 0 Ordinarily the best evidence of a transaction must be offered in court 0 Best evidence rule A party must offer the original document unless they can present a plausible explanation as to why the original is unavailable 0 Opinion evidence 0 Lay witnesses CANNOT give opinion evidence beyond the average experience Ex a lay witness can form an opinion on how fast a car was moving as it goes by them but not based on the color and length of tire skid marks 0 Appellate Procedures 0 The party making an appeal is called the appellant o The responding party is the appellee 0 Perform two functions Error correcting Law making 0 Designed to make justice is served even in the face of human or intentional error 0 The process Filing an appeal a Whichever party wishes to appeal must le for one 0 Usually a proforma measure 0 Known usually as a notice ofappea a Civil courts state that an appeal must be led within 30 days of initial judgment 0 Rule 4 of the Federal Rules of Appellate Procedure 0 The accompanying fee must be payed unless it is waved by in forma pauperis I in the manner of a pauper n Filing for Discretionary review 0 An appeal after the initial appeal Occurs the grant writ of certorari o quota petition for a writ of ertiorari shall be in time when it is led within 90 days after the entry of jdugementquot Rule 13 rules of the supreme court 0 granted at the discretion of the reviewing court looks to whether there is a substantial federal question involved 0 Court use the rule of four to deciding wehter to grant this writ Meaning four of the nine judges must vote it on the docket o Motions o Counsels use motions ot draw immediate attention to procedural matters outside the routine appellate process 0 Via motions the trial cour can consolidate multiple appeal or supplement the record the trial court has 0 Filing briefs 0 An appellant les an initial brief summarizing the legal posture and the factual background of the case in the lower tribunal The main tool used to persuade the court to reverse af rm or modify the decision being appealed After an initial brief is led an appellee can le an answer brief The appellant can further respond with a reply brief 0 The process of ling briefs is similar to that of formal debate 0 Oral argument 0 After briefs are reviewed courts may schedule an oral argument where both parties are present 0 Roughly half of appeals involve an oral argument 0 Both parties summarize their positions orally and then respond to the questions from the bench Typically 1530 minutes each 0 Judicial conference 0 Appellate trials are made of panels of three or more judges and no jury Usually selected from the entire pool ofjudges who hear trials in that particular court 0 judicial conference is considered an essential part of appeals that distinguish appellate court from regular trial court 0 Usually occurs after Oral arguments in which the judges will confer on the case or ask for further clari cations judgment of the court 0 A court can make three judgments of appeal It can dismiss the appeal I There will be no appeal and nothing further happens Can af rm the decision being reiviewed n This preserves the decision of the lower court Can Reverse the decision being reviewed I Usually accompanied by an order to remand the case o Appellate court opinions 0 After a court has arrived at a decision they issue a court opinion Usually prepared by an individual judge or jusUce 0 Two types of opinions Per curiam opinion a Represent the appellate court as a whole a Not attributed to any particular judge Opinion of the court a Signed by one judge and the agreeing judges that compromise the majority n A judge in agreement who wishes to emphasize something not in the opinion of the court les a concurring opinion 0 A concurring opinion states a judge supports the decision of the court but for different reasons than those articulated n A judge who disagrees with the decision of the court may le a dissenting opinion 0 Pulblications of appellate decisions 0 Published in books known as reporters These books play an important role in the evolution of the law 0 Supreme court cases are of cially published in united states reports 0 References to judicial decisions are called Citations 0 See list of regional and federal reporters on page 336337 0 Motions for rehearing 0 Used to address a misstatement of fact or direct the courts attention to an overlooked proposition of law 0 May request an en banc rehearing Appellate courts posses both original and appellate jurisdiction 0 Can mandate or prohibit certain proceedings in lower courts 0 Some that have been implements are Mandamus commanding that alower tribunal or govt of cial take certain non discretionary acUons Prohibition n A writ ordering a lowr court to cease exercising jurisdiction Heabeas corpus n The custodian of a prisoner either release the person or show casue why the court should not order the person released
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