Week of September 13th Notes
Week of September 13th Notes ST 260
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This 2 page Class Notes was uploaded by Stephanie Keck on Friday September 18, 2015. The Class Notes belongs to ST 260 at University of Alabama - Tuscaloosa taught by a professor in Fall 2015. Since its upload, it has received 13 views. For similar materials see Statistical Data Analysis in Statistics at University of Alabama - Tuscaloosa.
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Date Created: 09/18/15
Constitution is the supreme law of the land Court has to have personal and subject matter jurisdiction before hearing a case State court system has exclusive jurisdiction divorce etc and federal court system has exclusive jurisdiction bankruptcy etc and there is also concurrent jurisdiction where you can choose which system Trial court court of appeals state supreme court cannot appeal higher unless it is a matter of constitutional law Plaintiff files complaint if you don t file an answer in time period plaintiff can file for default judgment Difference between in personam and in rem jurisdiction Direct examination definition Types of evidence reports etc What is proper venue Where incident occurred where parties are located etc Negotiation is easiest route for ADR then mediation then arbitration legally binding 10th amendment to constitution all powers not exclusive to federal government are given to state Iudicial Executive Legislative branches system of checks and balances What is the commerce clause What is the supremacy clause preemption doctrine What is the taxing and spending clause First ten amendments are the bill of rights used to prevent government from intruding our lives First amendment freedom of speech verbal and symbolic speech Difference between establishment clause and free exercise clause Right to privacy if someone is monitoring your internet activities it s a violation of your privacy Equal protection law if a law discriminates against you based on race citizenship etc government will test it Strict scrutiny subject class What are the punishments for felony vs misdemeanor Stolen goods did you know it was stolen If yes you re arrested Embezzlement Duress act against your own will What does judgment proof mean What is the purpose of the Miranda rights When are they read to you Probable cause must be proven for search arrest warrant Enter a plea at an arraignment Bribery Comparative vs contributory negligence What is battery Two types of defamation libel written vs slander verbal Duty of careduty is breachprove injury Know four things to prove negligence What type of conduct might amount to professional legal medical malpractice Fraudintentional misrepresentation of material fact Good Samaritan law Assumption of risk defense used in negligence cases did they acknowledge the dangers What is negligence per se statue written law that is not followed