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Statutory Law
Statues of a state or district.
Common Law
Judge made decision. Laws based on precedents.
Stare Decisis
The process of looking at precident.
State Court System
*Special Appeals Court.
*Appeals Court.
*Trials Court.
Federal Court System
*Circuit Courts.
*Federal Appeals Court.
*US District Court.
Grounds for appeal
Error of procedure or law. NEVER factual error.
Jurisdiction
The power to speak the law.
State jurisdiction
1. Residence.
2. Presence in the state.
3. Long arm statute
Federal jurisdiction
1. US Constitution.
2. Federal Statute.
3. Diversity of citizenship & >$75,000
Where is trial held?
Trial is always held where the defendant resides.
Standing to sue
In order to sue, you must have interest in the case.
Constitutional rights against discrimination.
No rights in a private establishment. Unless federal statue (1964 civil rights act) or state statute.
Judgement NOV
"In spite of the verdict of the jury." Based on evidence and the law.
Tort
Wrong against a person or property.
Summary judgement
A judgement that a court enter without entering a trial. This judgement can only be entered if no facts are in dispute and the only question is how the law applies to the facts.
Intentional tort
1. Must intend to harm.
2. Must be compensated for.
Assult
Any intentional act that causes fear or apprehension in another that there will be harm.
Battery
Unwanted and unexcused harmful contact.
Intentional infliction of emotional distress
Any intentional act thata results in extreme and outrageous conduct.
Intentional defamation
An intentional act that damages the character, goodname or reputation of someone.

Publication - must come to the attention of a 3rd party.

1. Slander - if said. Defendent receives special damages(on actuall economic loss).
2. Libel - if written or permanently recorded. Defendent receives general damages.
Trespass
Intentional act that one comes onto the land of another (or causes something else to enter).

Establish as trespasser -
1. Explicit - sign.
2. Implicit - fence.
Tresspass to personal property
Deprive of exclusive right to personal property.
Conversion
Deprive of personal property permanently.
Defamation of public figures
Must prove malice: reckless disreguard for the truth. No due diligence.
Negligence
1. Legal duty of care.
2. Breach of duty of care.
3. Injury (person or property).
4. Causation (actual legal or proximate cause).
5. Forseeable (zone of danger).
Defenses to negligence
1. Contributory negligence - absolute bar to recovery.
2. Comparative negligence.
3. Assumption of risk. 
**NOT TESTED** Superceding intervening cause - breaks causual connection between act and injury.
Strict product liability
Everybody in the commercial chain is repsonsible. Burden of proof is on the defendent.
Strict liablity
Liability without fault.

1. Not usually done in area.
2. Inherantly dangerous.
Burden of proof
Preponderance of the evidence , more likely than not.
Res ipsa loquitur
"The thing speaks for itself." The injury would not have occured without negligence. Burden of proof switches from plantiff to defendent.
Respondeat superior
"Let the master respond." Employer is responsible for negligent act of the employee. Must be within scope of employment.
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