Defendant
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the party who allegedly injured the plaintiff
Eminent Domain
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power of the government to take private property for public use for fair
compensation
Mistrial
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a trial that cannot stand in law because:
1) the court lacks jurisdiction
2) juror misconduct
3) disregard for some other procedural requirements
Judge Made Law
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the legal doctrines established by judicial precedents rather than by a
statute; judge interprets a law in such a way to create a new law (case law)
Hearsay
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an out-of-court statement offered to prove the truth of whatever it assert;
often inadmissible at trial
Strict Scrutiny
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a form of judicial review that courts use to determine the constitutionality
of certain laws. To pass strict scrutiny, the legislature must have passed the
law to further a "compelling government interest," and must have narrowly
tailored the law to achieve that interest. For a court to apply strict scrutiny,
the legislature must either have significant abridged a fundamental right
, with the law's enactment or have passed a law that involves a suspect
classification. Suspect classifications have come to include race, national
origin, religion, alienage, and poverty.
Remedies at Law
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usually monetary damages
In-rem Jurisdiction
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"the thing"; an action taken by the court against the property of the
defendant (tangible or intangible)
Jurisdiction
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"the power to speak of the law"; defines the limits within which it may
declare, administer, or apply the law
Mens Rea
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, "state of mind" of the actor
Civil District Courts
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at least $200 is disputed or claimed in damages
Negotiation
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voluntary discussion of the terms and conditions of a proposed agreement
or a form of alternative dispute resolution to resolve a dispute and avoid
litigation
Family Courts
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handles cases involving domestic issues (divorce, child custody, etc.)
Affirmative Defense
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the party who allegedly injured the plaintiff
Eminent Domain
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power of the government to take private property for public use for fair
compensation
Mistrial
,Give this one a try later!
a trial that cannot stand in law because:
1) the court lacks jurisdiction
2) juror misconduct
3) disregard for some other procedural requirements
Judge Made Law
Give this one a try later!
the legal doctrines established by judicial precedents rather than by a
statute; judge interprets a law in such a way to create a new law (case law)
Hearsay
Give this one a try later!
an out-of-court statement offered to prove the truth of whatever it assert;
often inadmissible at trial
Strict Scrutiny
Give this one a try later!
a form of judicial review that courts use to determine the constitutionality
of certain laws. To pass strict scrutiny, the legislature must have passed the
law to further a "compelling government interest," and must have narrowly
tailored the law to achieve that interest. For a court to apply strict scrutiny,
the legislature must either have significant abridged a fundamental right
, with the law's enactment or have passed a law that involves a suspect
classification. Suspect classifications have come to include race, national
origin, religion, alienage, and poverty.
Remedies at Law
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usually monetary damages
In-rem Jurisdiction
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"the thing"; an action taken by the court against the property of the
defendant (tangible or intangible)
Jurisdiction
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"the power to speak of the law"; defines the limits within which it may
declare, administer, or apply the law
Mens Rea
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, "state of mind" of the actor
Civil District Courts
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at least $200 is disputed or claimed in damages
Negotiation
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voluntary discussion of the terms and conditions of a proposed agreement
or a form of alternative dispute resolution to resolve a dispute and avoid
litigation
Family Courts
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handles cases involving domestic issues (divorce, child custody, etc.)
Affirmative Defense
Give this one a try later!