Quiz 5 Content (Test 1)

Question 1

appellate jurisdiction

Answer 1

• appellate courts only have appellate court
• power to review
• can’t START a case here
• they don’t see π, Δ, witnesses
• only review the evidence from lower courts
• they don’t try the case, only REVIEW case

Question 2

venue of court

Answer 2

• where is the most proper court in the state?
• where did the accident happen, where the π lives
• only choose venue in CIVIL cases
• criminal cases ALWAYS occur WHERE CRIME OCCURRED

Question 3

criminal cases

Answer 3

• gov controls every criminal case (all crimes are STATUTORY)
  a body rules that:
• defines the conduct prohibited by the gov because that conduct threatens public safety/welfare
• sets punishment to be imposed for the commission of act
• purpose: PUNISH & DETER

Question 4

civil victim cases

Answer 4

• body of rules that define PRIVATE rights & REMEDIES
• governs that disputed between individuals & biz’s
• purpose: NOT to punish, but to COMPENSATE

Question 5

civil enforcement cases

Answer 5

• administrative law & hearings
• admin agencies ability to create & enforce regulation
• purpose: to carry out their STATUTORY DUTIES under the enabling states that created them

Question 6

what is the style of cases (order)? criminal v civil v enforcement

Answer 6

• always π vs. Δ
• but appeals are reverse order
  criminal:
• *gov v criminal Δ
• *state v criminal Δ
• always against the government, the victim is only a witness

civil:
- *civilian v civilian
- *company v company
- no gov, only private matters

enforcement:
- *gov agency v Δ

Question 7

who has control?: criminal v civil v enforcement

Answer 7

criminal:
- the gov, prosecutor (attorney)

civil:
- the victim

enforcement:
- the administrative agency

Question 8

standards of proof: criminal v civil v enforcement

Answer 8

criminal:
- “beyond a reasonable doubt”
- >95% sure
- highest standard we have because imprisonment is no joke
- can’t convict if we have a doubt

civil:
- “by a preponderance of the evidence” or “more probable than not”
- >51% sure
- doesn’t matter as much if there’s a mistake since it’s just about paying $ and not jail time

enforcement:
- >51% sure, same as civil

Question 9

5thA: criminal v civil v enforcement

Answer 9

criminal:
- on/off switch if you want to exercise your right (by not taking the stand)
- but if you take the stand you’re under oath and must answer EVERYTHING
- attorney can NOT point out that Δ didn’t take the stand

civil:
- subpoena, have to take the stand because it’s a court order
- question by question, if question could incriminate you, can say “I plead the 5th,”
- but lawyers CAN say (“did you notice they didn’t answer?”)

enforcement:
- same as civil

Question 10

criminal remedies

Answer 10

1) fine
2) incarceration
3) death penalty
4) criminal forfeiture
5) criminal restitution
6) conditions (ex: good behavior, rehab, church, castration)

Question 11

civil remedies

Answer 11

compensatory damages & punitive/exemplary damages, statutory damages, attorney’s fees, liquidated damages, family support obligations, equitable

Question 12

money judgements at law

Answer 12

a judge recognized legal obligation that a person has to another to pay them a debt (paper IOU)

Question 13

compensatory damages

Answer 13

• compensation for the injury
• need to prove your past damages and future (expert opinion)

Question 14

punitive/exemplary damages

Answer 14

• if Δ acted w/ malice, can bring punitive
• don’t have to prove
• can ask for whatever you want
• U.S. is only country who has it

Question 15

what are the 3 controversies with punitive damages?

Answer 15

1) excessiveness
2) wealthier Δ’s punished more severely
3) who gets the damages?

Question 16

state law (solutions for punitive damages)

Answer 16

• some states don’t allow punitive damages (MA)
• some states set a cap on the amount of punitive allowed (VA; oldest & smallest of $350k)
• some states look at level of fault
  If innocent/negligent → 0 punitive
  If intentional → no cap on punitive
  If reckless → 3x compensatory

Question 17

federal constitutional limit (solutions for punitive damages)

Answer 17

• punitive are between 3x-5x than compensatory but no more
  Gore v BMW:
• sued BMW because they repainted his car to make it look new, called it fraud
• jury awarded him $600 in compensatory but $4 mil in punitive
• 14thA (due process) held that the ratio between compensatory and punitive is unconstitutional (but didn’t say how much was too much)
• “Gored” = judge brings punitive down

Question 18

federal maritime limit (solutions for punitive damages)

Answer 18

• boat spilled oil in Alaskan ocean
• $507 mil in compensatory, 5 bil in punitive
• 1880 maritime law: punitive cases are limited to 1x compensatory
• court upheld old law court, $5 bil → $507 mil punitive

Question 19

what are the levels of fault?

Answer 19

Fault levels: intentional → reckless → negligent → innocence

Question 20

statutory damages

Answer 20

Copyright act: if you violate someone’s copyright, you’ll be fined $30k-$150k per violation

Question 21

attorney’s fees

Answer 21

• American rule = each party pays their own fees
  exceptions to rule (where you don’t pay your own):
• Statutory
• Contracts
• Contingency fee (money that a lawyer receives as a fee only if the case is won)

Question 22

liquidated damages

Answer 22

• specified in contract
• already agreed to before it happens

Question 23

equitable remedies

Answer 23

• INJUNCTION = court order to do/refrain from doing something
• SPECIFIC PERFORMANCE = for K’s, only for unique goods/property, never used for personal services
• PROMISSORY ESTOPPEL = one person makes a promise that does not amount to a valid K, but another party relies on that promise to their detriment and the promissor was aware of this reliance, stops people from going back on promise
• DECLARATORY DECREE = legal ruling, asks judge where the boundary line is (ex: wills, property lines)

Question 24

civil enforcement remedies

Answer 24

• civil penalty (monetary obligation, arbitrary amount)
• equitable remedies

Question 25

how do the strengths of enforcement remedies compare?

Answer 25

power of enforcement is much STRONGER for CRIMINAL/ENFORCEMENT than civil victim cases

Question 26

civil victim PREtrial procedure

Answer 26

1) pleadings 2) jurisdiction/venue challenge 3) motion to dismiss 4) discovery 5) discovery challenges 6) motion for summary judgment 7) motion in limine

Question 27

complaint (step 1: pleadings)

Answer 27

- filed by π, must be filed within the statute of limitations (time limit) - has to be served on the Δ personally (hand it to them) because there’s a time limit for when Δ has to respond (21 days) - summons = informs Δ has 21 days to respond to answer, comes with complaint... if they don’t answer, they will be in default & π will win default judgment includes: - jurisdiction - π alleged facts - cause of actions (suing for...) - what remedy is being sought - don't have to lay out entire case, just outline

Question 28

answer (step 2: pleadings)

Answer 28

- any challenges to jurisdiction must be made with the answer (if you don't challenge jurisdiction & you file answer, it's too late) - request for jury - counterclaim: Δ turns on π and sues them (part of the same lawsuit), π has to answer (reply in 21 days)

Question 29

motion to dismiss

Answer 29

- every Δ will try this, regardless of their chances at success - document asking the court to do something (rule a certain way) on a legal issue - JUDGE decides issue of LAW - JURY decides issue of FACTS - court can either... 1) sustain motion 2) deny motion 3) can make a count by count decision

Question 30

discovery

Answer 30

- most important part of the case - between the lawyers (not jury) - where the $ comes from - exchange of evidence b/w π & Δ - prevents trial by ambush, encourages settlement - cases can spend years on this part - helps you better understand the case - uses discovery tools: interrogatories, depositions, request for admissions, request for documents, subpoenas

Question 31

interrogatories (discovery tool)

Answer 31

- written questions that each party asks each other & must be answered under oath - party may object question

Question 32

depositions (discovery tool)

Answer 32

- live testimony before trial with both parties * all witnesses under oath - used to challenge honesty & prepare evidence

Question 33

request for admissions (discovery tool)

Answer 33

- parties only, don't ask witnesses - admit or deny you did it - become stipulated facts if it's admitted - if denied, has to be proven - purpose: to limit the issues that will go before the jury

Question 34

request for documents (discovery tool)

Answer 34

- parties only, don't ask witnesses - finding evidence

Question 35

subpoenas (discovery tool)

Answer 35

can use these to access said documents

Question 36

discovery challenges

Answer 36

- motion to quash subpoenas - motion to compel discovery - motion for sanctions for spoliation of evidence - electronic discovery

Question 37

discovery challenges

Answer 37

- motion to quash subpoenas - motion to compel discovery - motion for sanctions for spoliation of evidence (electronic discovery)

Question 38

letter of litigations

Answer 38

- sent right after the complaint - says you can't erase evidence regarding the case - can tell jury if you delete evidence