appeal of right
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everyone is entitled to one appeal
strawbridge rule
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, Complete and absolute diversity required between Plaintiff as a group and
Defendant as a group
Plaintiffs can be from same state, but defendants cannot be from the same
state as any of the plaintiffs
Case: Strawbridge v Curtiss
Clear and convincing proof
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Used in certain civil situations in which the law requires more than a simple
preponderance of evidence. Unless the evidence clearly establishes the
proposition, the party with burden of proof fails to sustain it and loses the
lawsuit
common law rules
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(1) stare decisis precedent
(2) ratio decidendi: reason for decided, basis for stare decisis
(3) res judicata: one a dispute is litigated and resolved, these parties are
barred form litigating same matter again
Personal Jurisdiction
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, a determination by the court that the parties to a lawsuit are entitled (or can
be required) to resort to the power of the courts in a particular
geographical jurisdiction by virtue of their residency, the location of the act
at issue, or some other principle that makes it reasonable and just to expect
these parties to abide by the orders of this court
Pro se
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"on behalf of oneself"
Litigants often appear pro se to agree case before judge at court with
limited jurisdiction
Plaintiff complaint rules
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(1) a short and plain statement of the grounds for the court's jurisdiction,
unless court already has jurisdiction and the claim needs no new
jurisdictional support
(2) a short and plain statement of the claim showing that the pleader is
entitled to relief
(3) a demand for the relief sought, which may include relief in the alternate
or different types of relief
In ______ Jurisdiction, plaintfiff must fairly allege $75k+ in damages
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, Diversity jurisdiction
Voir Dire Process
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courts and attorneys for each part question prospective jurors to
determine their fairness and impartiality
- Jurors are sworn to answer truthfully and may be challenged or excused
for causes such as bias or relation to one of the parties
- Parties can motion to dismiss or judge can dismiss where bias is obvious
dicta
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statements made by the judge that are not necessary to resolve the case
How did common law develop in England
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Give this one a try later!
everyone is entitled to one appeal
strawbridge rule
Give this one a try later!
, Complete and absolute diversity required between Plaintiff as a group and
Defendant as a group
Plaintiffs can be from same state, but defendants cannot be from the same
state as any of the plaintiffs
Case: Strawbridge v Curtiss
Clear and convincing proof
Give this one a try later!
Used in certain civil situations in which the law requires more than a simple
preponderance of evidence. Unless the evidence clearly establishes the
proposition, the party with burden of proof fails to sustain it and loses the
lawsuit
common law rules
Give this one a try later!
(1) stare decisis precedent
(2) ratio decidendi: reason for decided, basis for stare decisis
(3) res judicata: one a dispute is litigated and resolved, these parties are
barred form litigating same matter again
Personal Jurisdiction
Give this one a try later!
, a determination by the court that the parties to a lawsuit are entitled (or can
be required) to resort to the power of the courts in a particular
geographical jurisdiction by virtue of their residency, the location of the act
at issue, or some other principle that makes it reasonable and just to expect
these parties to abide by the orders of this court
Pro se
Give this one a try later!
"on behalf of oneself"
Litigants often appear pro se to agree case before judge at court with
limited jurisdiction
Plaintiff complaint rules
Give this one a try later!
(1) a short and plain statement of the grounds for the court's jurisdiction,
unless court already has jurisdiction and the claim needs no new
jurisdictional support
(2) a short and plain statement of the claim showing that the pleader is
entitled to relief
(3) a demand for the relief sought, which may include relief in the alternate
or different types of relief
In ______ Jurisdiction, plaintfiff must fairly allege $75k+ in damages
Give this one a try later!
, Diversity jurisdiction
Voir Dire Process
Give this one a try later!
courts and attorneys for each part question prospective jurors to
determine their fairness and impartiality
- Jurors are sworn to answer truthfully and may be challenged or excused
for causes such as bias or relation to one of the parties
- Parties can motion to dismiss or judge can dismiss where bias is obvious
dicta
Give this one a try later!
statements made by the judge that are not necessary to resolve the case
How did common law develop in England
Give this one a try later!
