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by: Mrs. Elfrieda Ratke


Mrs. Elfrieda Ratke
Texas State
GPA 3.63

J. Hale

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J. Hale
Class Notes
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This 9 page Class Notes was uploaded by Mrs. Elfrieda Ratke on Wednesday September 23, 2015. The Class Notes belongs to BLAW 2361 at Texas State University taught by J. Hale in Fall. Since its upload, it has received 29 views. For similar materials see /class/212754/blaw-2361-texas-state-university in Business Law at Texas State University.




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Date Created: 09/23/15
CRIMINAL LAW VS CIVIL LAW Criminal Law o Most criminal laws are statutes passed by congress o Gov t persecutes accused guilt is found punishment ensues Civil Law o Regulates the rights and duties of parties o Victim brings suit SUBSTANTIVE LAW VS PROCEDURAL LAW Substantive Law o Defines the rights of people 0 Tort Law 0 Agency Law 0 EX how do I bring evidence into the courtroom Procedural Law o Guarantees your rights and freedoms o Statues 0 State Laws 0 District Laws Criminal Laws Precedent o Stare Decisis o What common law is established by 0 Makes law predictable Equitable Remedy o Equitable power allowed to only a judge not a jury o Court may issue 0 Injunction 0 Court ordered ruling to stop doing a particular thing 0 Damages 0 Legal remedy Any legislature body can create a statute o Federal state or local Theories of Law o Positivism manmadelaw 0 Decisions stand regardless of morality Criticism o Natural Law 0 Green Important Issues 0 Theism o Realism pragmatism o Ends justifies the means 0 Civil Law Plaintiff and Defendant Jurisprudence o The philosophy of law COMMON LAW VS CIVIL LAW Common Law o Judge made law o 2 types Criminal amp Civil 0 Civil Plaintiff and defendant Liable or not liable 0 Criminal StateUS and defendant Guilty or not guilty Civil Law o Justinian Code codestatute legislative made law o Judge rapoteur hired lawyer for the court not a side of plaintiff or defendant o Civil Plaintiff and defendant o Criminal StateUS and defendant Statutory Law o 2nd important source of law o Laws passed by federal and state governments by their Legislature STATE VS FEDERAL POWER Affirm o Accept the claim Reverse o Deny the claim 0 Remanded Stakeholder o All the people potentially affected by the decision Universal values o Compassion o Courage o Fairness o Integrity o Responsibility o Self control Litigation o Lawsuit o The process of filing claims in court and ultimately going to trial o Litigator a lawyer who handles court cases Alternative Dispute Resolution o Formal or informal process to settle disputes outside of court Negotiation o Either personally or with lawyers Mediation o A neutral 3rd party is introduced to help with the decision Arbitration o Give up the rights to litigate o Neutral 3rd party o Must accept the arbitrator decides Jurisdiction Court must have is the power of the court to hear a case o Plaintiff files petition o Defendant is served amp files answer o Personal 0 In person evidence connection 0 In rem land o Subject Matter Jurisdiction 0 US Federal Court Presidential Nominations Senate Approval District Court a Federal question Federal Law that has been broken a Diversity of Citizenship o Plaintiff and defendant must be from different states Amount in controversy must be 75000 or more 0 Car accident that s not your fault with enough damage and injury to be worth at least 75000 Circuit Court of Appeals n Ex Texas is in the 5th Circuit California in the 9th and Maine in the 1St n 3 to 15 Judges US Supreme Court of Appeals n Highest court a 9 Judges a Rule of 44 of the 9 judges must agree its important enough to be heard 0 State Court Ex Texas elected a Bifurcated system c Texas supreme court o Court of criminal appeals o No plaintiff defendant appellant appellee General Jurisdiction a District Court capital murder a County court middle grounds between District and Municipal n Municipal parking ticket 1St MIP small claims court a Court of Appeals o Texas supreme court 0 9 judges 0 Can end up appealing to the US supreme court o Court of Appeals 0 9 judges Specific Jurisdiction a Tax problem letter from IRS Tax court a Probate when someone dies a Bankruptcy n Juvenile minor Court does not go onto your adult record 0 Subject and State Both have original jurisdiction Jury covers questions of fact and law If you ONLY have a judge it is called a Bench trial Plaintiff gets to decide which court they want their case to e tried at Double jeopardy does not apply to Civil Cases 0 Appellate Jurisdiction Appeals Court Appellant if you loose a case and choose to appeal it Appellee ONLY questions of law are discussed In the appeals court Voir Dire o The process of selecting a Jury Challenges for cause o Judge makes the ruling o Gets ride of someone in the jury o Unlimited number made byjudge Peremptory Challenge o Done by the lawyers o Gets ride of someone in the jury because they don t like them for their case o Limited number Summery Judgment o A ruling by the court that no trial is necessary because some essential facts are not in dispute 0 Can be appealed JNOV judgment notwithstanding the verdict o Judge overrules the jury verdict and changes the decision 0 Can be appealed Default Judgment o A decision that the plaintiff wins without a trial because the defendant failed to answer in time 0 Can be appealed Only Judge s decisions can be appealed Plaintiff o Files the complaint 0 A short plain statement of the facts Defendant o Once the complaint and summons are served you have 20 days as the defendant to file your answer to the claims Counter Claim 0 Second lawsuit by the defendant against the plaintiff o A reply is an answer by the plaintiff of the original suit on the counter claim Pleadings o The documents that begin a lawsuit Interrogatories o Written questions that the opposing party must answer under oath not sworn in Depositions o Provide a chance for ones party s lawyer to question the other party or a potential witness under oath o The person being questioned is the deponent o Production of Documents amp Things Stare Decisis o The essence of common law o This is what makes law predictable Plain meaning rule c When a statute s words have ordinary everyday significance the court will simply apply those words COMMON VS STATUTORY LAW Statutory Law c We elect the local legislators who pass state statutes and we vote for the senators and representatives who create federal statutes Common Law o Judge made law o Based on Stare decisis and established by precedent Administrative law o Agencies 0 Enabling legislation Describes the problems that congress believes need regulation establishes an agency to do it and defines the agency s powers n Legislative Rules o Most important o Much like statutes n Interpretive Rules o Rules that do not change the law o Exist at all three levels fed state local


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