BUL 3310 Exam 1 FSU Questions And Answers!!

Substantive Law - defines and creates legal rights and obligations Procedural Law - rules of evidence and legal/court processes Common Law - Law that comes from court desicions Civil Law - Code of written laws that apply to all legal matters (louisana is only state which practices civil law) Hierarchy of Law - Constitution> Federal> State> City Stare Decisis - Courts will follow previous decisions in similar cases to create certainty/equality in the law and make decisions easier Res Judicata - Matter is closed at the conclusion of the lawsuit Equitable Maxims - general legal principles to guide decision making Federal Court System - US Supreme Court >US Court of Appeal > US District Court (or Federal Agencies/Specialized US Courts) State Court System - US Supreme Court (if federal question is involved) > State Supreme Court > State Court of Appeals > State Trial Courts (general jurisdiction)/State Administrative Agencies > Local Trial Courts (limited jurisdiction) Diversity Jurisdiction - Federal courts have jurisdiction is there is diversity of citizenship involvedDiversity of citizenship and amt in controversy - Federal courts have jurisdiction when parties are from different states AND there is 75K+ dollars being disputed general Jurisdiction - Courts that can hear almost any kind of case Limited Jurisdiction - Courts that can only hear specific cases Federal Jurisdiction - whenever there is a federal question involved, anything involving the US constitution, federal law, or US gov. Also diversity and 75K+ Defendants right to removal - if federal courts have diversity jurisdiction it is the defendents right to send case up to federal court Plaintiff's ability to remand - A plaintiff have the burden to return the case back down to state court if they really want Federal Courts - US court of appeals will review cases from Federal Disrtrict courts US Supreme Court will review cases from the US court of Appeals IF 4 or more Justices vote to issue a writ of certiorari to review case Writ Certiorari - an order sent from the US Supreme Court to a lower court for the court to send its record of a case to be reviewed parties - Plaintiff/petitioner: person suing Defendent/respondent: person being sued Class Action Suits - one lawsuit being filed on behalf of many people with same complaint Subject matter jurisdiction - the ability of a court to resolve a case based on the kind of disputepersonal jurisdiction - court must have jurisdiction over both parties. Plaintiff submits to it through filing the lawsuit. Defendant must be served Motion to Dismiss - filed by defendant on basis that complaint does not state a claim that can be provided with relief or facts are not enough to set forth action. Can be filed due to lacking jurisdiction of the courts or statute of limitations having expired Motion for Judgment on the Pleadings - Court will examine the pleadings ONLY (complaint/answer) to see if there are any facts in question. If no facts are being questioned and the matter is only a question of law the motion will be granted Motion for summary judgement - The court will grant motion when there are no facts being questioned and it is only a question of the law. In this case the court will take evidence outside the pleadings into consideration Interrogatories - Written questions and answers under oath only to parties involved. Usually a lawyer will have the answers and will have time to answer the questions Burdens of proof - Criminal, Beyond a reasonable doubt Civil, Preponderance of the Evidence: 50% + 1 Civil, Clear and convincing proof, in btw BRD and POE Jury Selection - Voir Dire Motion for Directed Verdict - After Plaintiff rests defendant can ask for a directed verdict b/c plaintiff stated no facts in support of claim Rules: New evidence, misconduct, a mistake by jury Motion for Judgment Notwithstanding the Verdict - request for the court to find that the verdict is wrong Rules: lawyer of loser must have motioned for directed verdict during trial, granted if jurys verdict is wrong and should be thrown out , the judge will find in favor other partyAppeals - Appellant (loser of original) files the appeal, within 30 days, against appellee (winner of original) -appellate court can review the case only not hear new evidence, they can affirm or reverse the decision. Can also remand case back down of new trial, affirm or reverse part of the decision or modify the decision Mediation - a third party listens to parties and tries to lead them to a resolution. The decision is made by the parties involved but a mediator can make suggestions