legal capacity to require another person to do or not do an act - Answers legal rights
where do our rights come from? - Answers US Constitution
State Constitutions
federal and state statutes
local laws
no right exists without a corresponding - Answers duty
does right to privacy exist in electronic form and the internet? - Answers yes
what are the 4 sources of law - Answers private law
case law
treaties and exec orders
uniform state laws
rules and regulations parties agree to as part of their contractual relationship - Answers private
law
laws made by decisions of the court - Answers case law
statutes drafted by the national conference of commisioners for the states - Answers uniform
state laws
creates, defines and regulates rights - Answers substantive law
specifies how laws are enforced - Answers procedural law
wrongs against societu - Answers criminal law
rights of one person against another - Answers civil laws
provides justice when the law does not offer an adequate remedy or the law would be unfair -
Answers equity
these hear evidence and decide cases; prevent/remedy wrongs - Answers court
covers types of proceedings a court may hear - Answers subject matter jurisdiction
conducts first findings in a case - Answers original jurisdiction
broad authority to hear and try a case - Answers general jurisdiction
, deal with cases of a specific subject matter - Answers limited or special jurisdiction
review findings of lower court (affirm, reverse or remand) - Answers appellate jurisdiction
general trial courts of original jurisdiction - Answers federal district courts
consist of 13 districts and review decisions - Answers appellate courts
only court created by US constitution; final authority - Answers supreme court
what does the state court system look like? - Answers general trial courts
speciality courts
lesser courts
appellate courts
supreme court
iniates court proceeding - Answers plaintiff
confidentiatlity between counsel and client - Answers attorney-client priveledge
courts apply what states laws during contracts? - Answers where complaint is filed or contract
is formed
what is the steps of a lawsuit - Answers -complaint
- service of process
- response/pleadings
- discovery
- motion for summary judgement
- designation of expert witness
description of wrongful conduct and request for damgesa - Answers complaint
how can a defendent respond to a lawsuit? - Answers deny
file a motion
counterclaim
accept
file motion to dismiss - Answers demurrer