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15 Cards in this Set
- Front
- Back
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Stare Decisis
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-the practice of the courts in following case precedent
-following prior legal case law decisions |
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Statutory Law
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-laws created by legislators at the state and federal levels
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Doctrine of Supremacy
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-states that the US constitutions and federal legislation are superior to common law and state legislation
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Civil Law
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-category of law in which monetary damages are often claimed as a result of an act or failure to act by another
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Complaint
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-formal accusation of wrongdoing brought by a plaintiff against a defendant
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Summons
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-official notification to a defendant that he or she must respond to a complaint
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Answer
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-the response of a defendant to a complaint
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Pleadings
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-formal statement in legal documents prepared by attorneys that provide details about a case
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Discovery
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-part of the legal process that involves gathering information verified by oath in preparation for trial
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Interrogatories
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-type of discovery where written information is gathered in preparation for pretrial
-sent from one attorney to the other |
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Deposition
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-type of discovery where verbal information is provided by a witness in preparation for a trial
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Summary Judgement
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-written document produced by attorneys and brought before the court claiming that case should be decided based on the applicable law, given that there are now facts in dispute
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Remand
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-act of sending an appealed legal case back to the trial court to determine an issue of fact
-happens when appellate court determines that low court incorrectly applied the law |
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Diversity Jurisdiction
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-jurisdiction of a federal court to hear a case brought by people from different states
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Trial Courts
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-determines the facts of the dispute
-decides what rules of law should be applied to the facts -administer those rules |
