LGS 200 Chapter 2
LGS 200 Chapter 2 LGS 200 - 008
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LGS 200 - 008
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This 3 page Class Notes was uploaded by Conner Jones on Thursday February 4, 2016. The Class Notes belongs to LGS 200 - 008 at University of Alabama - Tuscaloosa taught by Charlye S. Adams in Summer 2015. Since its upload, it has received 60 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: 02/04/16
Legal Studies January 19, 2016 Order of hierarchy 1. Constitution- supreme law 2. Statute- Code of Alabama/US code (USCA) 3. Administrative regulations 4. Common (Case) law- cases decided by the court Chapter 2 Judicial review- “it is the province and duty of the judiciary to say what the law is…” Jurisdiction: who the court can hear cases from “Juris” – law “diction” – to speak In person jurisdiction- power over the parties In Rem jurisdiction- jurisdiction and power of court to decide issues related to property within geographical borders Long Arm Statutes- for non resident parties based on “minimum contact” with state o Corporate contacts- corporation advertises or sells products within a state or places goods into “stream of commerce” Jurisdiction over subject matter- general (unlimited) & limited jurisdiction courts Original/Appellate Jurisdiction: o courts of original jurisdiction are where the case is heard (trial) o courts of appellate jurisdiction have the power to hear an appeal from another court Jurisdiction of Federal Courts: o “federal question” cases in which the rights or obligations of a party are created or defined by federal law o “diversity” cases occur when lawsuits are between: residents of different states a foreign country and citizens of US citizens of a state and citizens/subject of foreign country o the amount of controversy is more than $75,000 Venue- concerned with the most appropriate location for trial. Usually where the injury occurred Standing to Sue- party must have “standing” to bring a lawsuit o Elements to prove standing include: harm, causation, and remedy January 21, 2016 Judicial procedures: following a state court case Follow ‘adversarial’ system of justice Procedural rules Stages: pre-trial, trial, post-trial Consult with an attorney Expectations Probability of success Time/cost Advantages/disadvantages of a particular court Types of attorneys fees o Fixed rate o Hourly rate (most common) o Contingency (depends on if they win case) Settlement consideration Pre-trial Plaintiff’s complaint Defendant has 30 days to answer after getting served Dismissals and judgments before trial o Motion- procedural legal request ruled on by judge Motion to dismiss Motion for judgement on the pleadings Motion for summary judgement Discovery o Depositions and interrogatories Limit of 40 questions o Requests for documents Pictures taken at scene, etc. o Requests for admission o Electronic discovery Pre-trial conference o Informal discussion between judge and opposing counsel Explores possibility of settlement Identify real issues in dispute and plan course of trial Jury selection o Can be with or without a trial (bench trial) o Voir Dire- a preliminary examination of a witness or a juror by a judge or counsel o Attorney can ‘challenge’ a juror and ask they not be sworn in as juror Trial Opening arguments Plaintiff’s case in chief o Direct, cross, re-direct, re-cross of examination of plaintiff’s witnesses Defense motion for a Directed Verdict o Case thrown out because prosecution didn’t prove anything Defense case in chief o Direct, cross, re-direct, re-cross of examination of plaintiff’s witnesses Closing arguments o Why you should win the case o No new evidence Post-trial Motion for new trial o Arguing there is bias on a jury member o Evidence in trial that shouldn’t be allowed Motion for J.N.O.V. o Verdict is unreasonable Filing an appeal o Parties file briefs pointing out (or opposing) reversible error that requires reversal of trials court’s verdict o Appellate review: courts don’t consider new evidence, only consider briefs and evidence at trial o Appeal to higher court: writ of certiorari Enforcing the judgement Availability of assets: usually a plaintiff looks to see if the defendant has sufficient assets before the suit is filed
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