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| the resolution of disputes through the court system |
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| it is the individual vs. individual resolving disputed between private parties through the court system. |
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| procedural law; the set of laws that governs how a case is conducted through the court system |
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| set of laws that governs the rights of parties in a suite (tortes) |
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| Federal Rules of Civil Procedure |
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| The set of laws that governs how a case is conducted through the federal court system. Found at www.law.cornell.edu |
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| NC Rule of Civil Procedure |
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| The set of laws that governs how a case is conducted through the NC court system. |
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| treatise- explaining the rules of civil procedure in NC. |
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| Covers specific rules for each county, found in NC Rules of Court Local |
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| body of federal laws governing the united states of america |
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| body of state laws governing the NC |
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| judge-made-law, also called case law |
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the process of following precedent, "Let the decision stand".
The philosophy in modern law, if the case has been decided earlier that is sufficiently similiar to the current case then the same decision should be rendered. |
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| earlier case decision that controls a later one. |
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| they decide questions of fact and questions of law |
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| What happened? Witnesses, physical evidence, opinion, eye witness or expert testimony |
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| "How will the law be applied to these facts"; judge decides. |
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| has the party met his or her burden of proof? Which is true? Jury or judge. Who has the obligation to convince the trier of fact |
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| person who brings the lawsuit |
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| they decide appeals, questions of law only, review transcripts only |
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| appeals from the district court, you get it if you want to appeal |
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| court records of a case at trial? |
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| summary of a decided case |
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| uphold; agreed with the lower court |
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| affirm with modifications |
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| court rules the same but with a change to some element of the decision |
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| disagree with the trial court; change the decision |
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| disagree with the trial court, sned it back to the trial court |
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| one of the judges disagrees |
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| procedure by which a case is appealed to the US Supreme Court (pertition the court for writ...) |
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| formal written documents to begin litigation or respond |
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| document that is filed and served that begins the litigation |
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| written or oral request for the court to do something |
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| formal investigation, request and receive information from the other parties |
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| relief from damages; what the plaintiff is asking for from the defendant through the court |
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| money requested to compensate the plaintiff because of this injury by the defendant; money for pain and suffering or for medical costs or loss of income. |
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| money requested to punish the defendant for bad behavior |
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| court orders defendant to stop; this stops actions that adversely affect the plaintiff. |
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| court orders the defendant to do something |
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| court decides an issue so the parties can go forward |
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| database of everything about your cases; searchable; "relational"; conflict checking; keeps up with statutes of limitations. |
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| professional activity; case management, document assembly, contact management, calendaring |
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| business activities, billing and some time tracking |
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| every piece related to each other |
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| unauthorized practice of law |
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| prohibits nonattorney from the practice of law. Class 1 misdeanor in NC. |
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| do not reveal information disclosed by a client |
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| we are held to the highest level of integrity |
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| candor toward the tribunal |
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| do not make false statments to the tribunal/court; Can't misprepresent the law;can't engage in fraud |
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| you cannot seek to unfairly influence a judge or juror; cannot communicate with a juror. |
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| the representation of one client which adversely affects another client. |
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