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Chapter 1
Introduction to Law for Paralegals, Bevans, Second Edition
| Term | Definition |
|---|---|
| Law | A rule that must be followed or a sanction will be imposed. |
| Supreme Court | Highest State Court and Federal Court |
| Trial Court Function | Determine the facts of the case and apply the law appropriately to them. |
| State Court -Facts of Case | Specific information or details of the situation in dispute |
| State Court - Law of Case | the statutes and/or case law to be applied to the facts of the case |
| Petition for certiorari | A Petition asking the Supreme Court to hear one's case. |
| Writ of certiorari | An official notice that the Supreme Court will review one's case. |
| "Granting cert" is discretionary | There are not certain criteria to determine whether case will be heard. |
| Burden of Proof-Civil Case | Preponderance of the evidence" or "More likely than not" MO requires 9 of 12 jurors for Ptf to win. Federal requires all 12 jurors for ptf to win. |
| Burden of Proof - Criminal Case | "Beyond a reasonable doubt". MO and Federal require unanimous jury for conviction. |
| Civil Parties | Ptf (indiv, organiz or govt entity who files suit), Def (indiv, organz or govt entity-party whom lawsuit has been fied against) , Ptf's atty (private, hired by ptf) Def's atty (private, hired by def) |
| Criminal Parties | Ptf (the government files suit), Def (accused person of breaking the law), Ptf's atty (Prosecuting atty- State is District Atty and Federal is US Atty), Def's atty (private, hired by def or Public Defender provided by govt) |
| Civil Case Outcome | If ptf wins, def is held "liable", may have to perform certain actions, and/or pay money (either or both may appeal outcome) |
| Criminal Case Outcome | If Ptf wins, Def is found GUILTY and may have to perform certain actions, pay money, and/or be imprisoned. Only Def may appeal outcome. If ptf loses, def is found NOT GUILTY. No appeal allowed for prosecution. |
| KEY DIFFERENCES IN CIVIL/CRIMINAL LAW | PARTIES, BURDEN OF PROOF AND OUTCOMES |
| Litigation | Process of bringing, maintaining and defending a lawsuit. State and Federal cts handle BOTH civil and criminal cases. |
| Civil Litigation | Legal action to resolve disputes between any parties including indivs, organzs and governmental entities |
| Criminal Litigation | Legal action brought by the government against a party accused of violating the law |
| Stare Decisis | "To Stand by the decision" requires adherence to precedent (Promotes uniformity, Efficiency and predictability) |
| MEDIA for Research | Case Reporters, Statutes, Legal Encyclopedias, Treatises, Online Legal Research |
| ONLINE RESEARCH | LEXIS, WESTLAW, FASTCASE, LOISLAW |
| How to Brief a Case (Summarize) | 1) Case name and citation 2) Summary of relevant key facts 3) Issue of the Case 4) Holding 5) Summary of courts reasoning |
| Reading a Case | 1) Style or Caption 2) Attorneys 3) Judge (author) 4) Body of the Case 5) Court's Decision 6) Concurrence or Dissent |
| Statutes | Created by Legislature, usually codified |
| Case Law | Published decisions of courts, may interpret statutes |
| Administrative Rules and Regulations | Agencies promulgate to enforce their areas of responsibility |
| 3 Branches of Government | 1) Legislature-Power to Make and Change Laws 2) Judicial - Power to Make Judgments on Law 3) Executive-Power to put laws into action |
| Jurisdiction | The power (authority) of a court to act |
Created by:
AmyStaten
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