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Concept. Foundation
Spec. Competencies: Chapter 2
| Question | Answer |
|---|---|
| The Federal Court deals with...? | federal offenses entitlements under federal law rules of evidence "un"constitutionality |
| The 12 circuit courts in the US are important because_______? | They only apply to specific states Appeals are made to the Supreme Court |
| States courts | Separate courts for different kinds of cases |
| Criminal proceedings | burden of proof is on the defendant "beyond a reasonable doubt" |
| Civil Wrongs | torts: 2 party disputes plaintiff assumes burden of proof "preponderance of evidence" deposition- important to F.P.s |
| Divorce/Child Custody | "chattel"-child property of father "tender years"- child goes to mother now...best interest of the child |
| Competence to stand trial | adjudicative competence AND plea bargaining |
| The 4 elements of a tort | a. duty owed b. breach of duty c. damages d. proximate cause |
| eggshell skull doctrine | (applied to torts) similar to "as he found him clause"- did defendant have preexisting condition? |