LGS 200, Week One Notes
LGS 200, Week One Notes LGS 200
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This 4 page Class Notes was uploaded by Grant Logsdon on Thursday January 21, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Charlye S. Adams in Winter 2016. Since its upload, it has received 49 views. For similar materials see Legal Environment of Business in Law and Legal Studies at University of Alabama - Tuscaloosa.
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Date Created: 01/21/16
Ch. 2: Judicial Review 1/19/16 ● Established in Marbury v Madison (1803) ● “It is empathetically the province and dity of the judiciary to say what the law is…” Chief Justice Marshall Jurisdiction: The ability of a court to hear a case Jurisdiction over Persons or Property In Personam Jurisdiction: ● gives court power to compel the presence of the parties to appear before the court litigate In Rem jurisdiction: ● jurisdiction and power of the court to decide issude related to property situated within its sgeographical border ● The court system where property is located has the power to hear the case Long Arm Statutes: ● courts use these for non resident parties based on “minimum contacts woth stateest by Onternational Shoe Co. V. State of Washington (1904) ● If defendent has sufficient minimum contacts with the state where they are being sued then that court has personal jurisdiction over the case ● Corporate contacts: corporation advertises or sells products within a state, or places its goods into the “stream of commerce” Jurisdiction over Subject Matter ● General (unlimited) & Limited jurisdiction courts ● In limited jurisdiction courts judges have certain subject matter that they have jurisdiction over ● ex: Divorce court, probate court, Bankruptcy, circuit court, district court ● Usually defined by statute or constitution that created the court Basic Judicial Requirements Jurisdiction over Subject Matter Jurisdiction of the Federal Courts ● “Federal Question” cases in which the rights or obligations of a party are created or defined by some federal law “Diversity of Citizenship” occurs when residents are from two different states or country and subject is in a foreign state ir country and the amount must be over $75,000 ● It is at the Plaintiffs discretion where they file suit ● defendent can file to have case tried in Federal court Venue ● Venue is concerned with the most appropriate location for the trial ● generally, proper venue is where the injury occured Standing to Sue ● A party must have standing to bring a lawsuit ● Elements to prove standing: Harm, causation, remedy ● ex: If john is injured in a car accident then johns mother does not have capacity to sue, only john does State and Federal Court Systems Distict court on state side has limited jurisdiction, federal side has general Sources of Law: in order of power Federal: 1. Constitution 2.Statutes 3.Admin Regulation 4.Case Lawcases decided by courts 5.Common Law State: 1.Constitution 2.Statutes 3.Admin Regulation 4.Case Law 5.Common Law *Federal Law always trumps state laws Ch. 4: Judicial Procedures Following a State Court Case 1/21/16 Adversarial System ● American courts follow the ‘adversarial’ system of justice, meaning you are free to represent yourself ● Procedural rulesrules and procedures that take place in the courtroom and in the legal world, these are taught and law school and people representing themselves will not know these rules Consulting with an Attorney ● It is important for plaintiff to consult with attorneys about various parts of the trial: ● Expectations ● probability of success ● time & cost estimatescases usually take 2 years ● advantages/disadvantages of a particular court ● types of Attorney's Feesmost charge hourly rates, they will charge for every minute of their time that they spend on your case ● settlement considerations settling a case before trial save a lot of time and money Jury Trial vs. Bench Trial ● Jury trial: jury decides verdict, since jury are not professionals verdict will be based more on emotion ● Bench trial: judge decides verdict, decision based more on what is the law and less on emotion, more informed and professional decision PreTrial ● A complaint must be filed to begin a case Motion: ● procedural legal request ruled on by a judge PreTrial Motion: ● Motion to dismissjudges finds a reason that case should not be tried, motion for judgement on pleading, motion for summary judgement Discovery ● Depositionattorneys ask questions to witnesses that can only be about case and everything is on record ● Interrogatories40 questions are allowed to be asked ● Requests for Documentswhen one side asks the other side for documents relative to the case ● Requests for Admissionwhen you ask the other side to admit specific things about the case, usually don't get an answer ● Electronic discovery Pretrial Conference ● Informal discussion between judge and opposing counsel ● explore the possibility of settlement if there is a possibility, judge will push back trial date to allow time to settle, judges want cases to settle because courtrooms are so back up ● then schedule for trial is set out Jury Selection ● Trials can be with or without jury(bench trial) ● Juries are picked off DMV and voter registration lists ● Voir DireOne by one each juror will stand up and be asked questions by each attorney to find out if biased or not ● Attorneys can challenge a juror and ask they not be sworn in if they find a reason that the particular juror could be biased towards other side ● In AL, 12 are picked for jury and 2 as alternates At the Trial ● Opening Argument: like the introduction to a paper ● Plaintiff has the burden of proof and defenses job is to shut down that proof ● Plaintiff’s Case in Chiefexamination of Plaintiff's witness ● Defense Motion for a directed verdict ● Attorneys prep witnesses for questions ● Closing Argumentslast words from each side as to why they are right ● Judge gives instructions to jury ● Jury comes back and gives verdict “beyond reasonable doubt” Post Trial Motions ● Motion for a new trial party argues that there is bias from jury members ● Motion for J.N.O.Vsays verdict is unreasonable The Appeal ● If you lose you can file an appeal to have the case retried ● Party argues to a higher court why the lower court got something wrong legally Enforcing Judgement ● Availability of Assets: usually a plaintiff looks to see if the defendant has sufficient assets before the suit is filedmany times a defendent does not have the ability to pay amount sued for so plaintiff must decide if it is worth the time and money to sue
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