Midterm LS 201
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This 6 page Study Guide was uploaded by Kristi Meyer on Sunday October 18, 2015. The Study Guide belongs to 17170 at Grand Valley State University taught by Ruth Stevens in Summer 2015. Since its upload, it has received 84 views. For similar materials see Introduction to Law in Law at Grand Valley State University.
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Date Created: 10/18/15
Chapter 1 0 Stare Decisis 0 Court must uphold prior decisions I Such as a lower trial court must listen to a higher district court 0 Precedent o What was done in a previous similar case can be replicated or not Chapter 2 o Freelance paralegal 0 Such as an independent contractor they are hired by attorneys if they get too busy 0 Legal technician 0 Someone Who gives limited legal assistance or advice When it is approved by other laws 0 Licensing o Took a test and passed usually LSAT 0 Certification 0 You have the minimum qualification to do a task 0 Paralegal duties 0 Do research 0 Make legal documents C Attorney duties vs paralegal duties 0 Give legal advice 0 Sign legal documents 0 Go to court 0 Chapter 3 0 Constitution I What governs the law overall law of the land I Supreme court legislative o Statutes I Such as it is illegal to kill someone I Illegal to drink and drive I Judicial branch 0 Case laW I Opinions of the courts I Judicial branch 0 Administrative laW I Administrative regulations I Executive branch 0 Court rules I Previous court decisions that other courts can follow I Check and balance Legislative and Executive 0 Holding I Information withheld from being heard in court 0 Dicta I An opinion that is deemed authoritative but can be changed due to someone higher 0 Chapter 4 0 Criminal law is for punishment of a crime civil is for monetary award or inunction I Criminal is guiltynot guilty civil law is liablenot liable I Criminal law is between state vs defendant civil is usually people vs people or people vs corporation I Criminal law is jury trial civil law is not normally jury trial I Criminal law is suing because of statutes civil law is normally suing for common law I Criminal law is a person is a harm to society civil someone is just upset over something the other person did I Criminal law is suing for punishment civil is to get damages paid for or an injunction I Criminal law someone is getting jail time if convicted civil must pay monetary awardinjunction o procedural law is how things work and how the legal system operates o substantive law is the law that creates rights and duties 0 federal government power to make laws is only if it effects the nation as a whole and if it is about a person s rights 0 anything else is power of the state 0 Chapter 5 0 Trial court I Hear evidence and make an initial decision 0 Appellate court I To see if the lower court made a legal error 0 Hierarchy of courts I Supreme court I Highest state supreme court appellate court I Court of appeals in that state I District court I Circuit courtprobate court small claims court 0 Question of the law is there is a law that has been violated 0 Question of facts are just facts that have been confirmed in the case it is important to know the difference because if there is a law that has been violated then they should be punished facts are just the evidence 0 Appellant I Person who appeals the decision I Person who won the initial case 0 Majority opinion majority of jurorsjudges agree o Dissenting opinion judge disagrees with the majority o Concurring opinion judge agrees with the jury decision 0 Affirmed I Agree with the previous court decision 0 Reversed I Overturned the decision of the lower court 0 Remand I Ask for a new trial 0 18 USC 245 I 18 is title number I USC bookcode I 245 is the section number 0 MCL 75075 I MCL Michigan complied laws I 750 chapter number I 75 section number 0 Writ of certiorari I Supreme court has agreed to hear a case 0 Subject matter jurisdiction I Court has the power to hear a case 0 Federal question jurisdiction I Can the federal courts hear a case I Did the defendant commit a federal crimeviolate constitution 0 Federal diversity I Parties must be from 2 different states and amount must exceed 75000 dollars 0 Personal jurisdiction I When the person lives in the state subject matter is where the case can be herd 0 Chapter 6 o Statute of limitations I When a case can be heard 0 Alternative dispute resolution I Trying to solve the problem outside of court 0 Arbitration 0 When someone acts as a judge and decides what the parties can do 0 Mediation 0 When someone acts as the neutral party and helps parties come to a solution outside of court 0 Steps in a lawsuit I Get an attorney I Attorney must file appropriate documents Opposing side answers complaint does counterclaim Discovery Trial Decision 0 Pleadings Complaint 0 Initial person making the lawsuit Answer 0 Person being sued answers the complaint Affirmative defense 0 Hard to explain but it s like the counter act to a claim 0 In Cosby cases the statute of limitations is usually run out so Cosby says that and the case is thrown out Counter claim 0 Defendant saying they also have something to sue for Cross claim 0 Plaintiff suing more than one defendant Third party claim 0 Defendant bringing in someone else who was not initially part of the original claim Motion 0 Action by the court Motion for summary judgement 0 The defendant has affirmed everything and plaintiff says just give me a judgement here and now Discovery 0 Interrogatories 0 Questions for the opposite side 0 Request for production 0 Ask opposing side for the proof 0 Request for admissions 0 Asking opposing party to admit or deny a fact in the case 0 Voir dire o Swearing in a jury 0 To say what is true and be accurate when giving your verdict Trial 0 Opening statement 0 Both sides give their take on the incoming trial 0 Direct examination 0 Plaintiff and defendant being questioned 0 Cross examination o Opposing attorney gets a chance to ask the other person questions 0 Closing argument 0 An attorneys last effort to have an effect on the jury 0 Jury instructions 0 Instructions to the jury on What to do how to make their decision 0 Verdict 0 Decision of the jury 0 Chapter 12 O O Slip laws I Laws that areWill just be a piece of paper Session laws I Collection of statutes during one session of a legislature session Codes I Such as USC I When it covers a complete system of laws Elements of a statute I Breaking down the rules of a statute IRAC I Issues rules application conclusion What is the US code I Made by the house When codes are organized by subject matter 0 Chapter 13 O 0 Syllabus I Summary of the case Headnotes I Summary of the law in a case can lead a reader to how the decision came about 0 Chapter 14 O 0 Definition of unauthorized practice of law Legal adVice I Instructing someone to do something Licensed attorneys I Court appearance I Legal adVice I Act as a notary Paralegals do I Can do legal research write legal documents Client confidentiality I When anything the client tells you unless in a public place must be kept secret Fixed fee no matter how long you work on a case they are only billed for What was agreed on Hourly fee paid for by the hour Contingency fee only get paid if you Win
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