Term
| Violent Crime Compensation Act |
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Definition
| allows people who are victims of violent crime to collect some money (up to $15000 plus out of pocket costs) |
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Term
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Definition
| 18 or older, US citizen, resident of county, cannot be a felon, must be able to read, write, and speak English. |
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Definition
| Indiana has a deferral system: must ask judge for permission to not serve with evidence of a hardship, extreme inconvenience, or necessity. |
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Definition
| biased, know about the case, know the plaintiff or defendant, etc. |
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Definition
| Still must show up to court but will be released from holding for free |
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Definition
| Pay money to court staff (will receive 90% back after trial no matter what) |
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Definition
| used for more felony cases; a bond is purchased with a percentage premium to purchase the bond. |
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Term
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Definition
| putting up property such as real estate, vehicle, etc. as collateral |
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Definition
| Agreement to withhold prosecution. Generally prosecution is held for a year and the defendant must meet requirements during the time. If the defendant upholds the requirements, the case is dismissed. |
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Definition
| Use of reasonable force for protection. |
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Definition
| Offers immunity to the friend calling for help and the person in need of help whether it be for drugs or alcohol. |
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Definition
| Retail employees are allowed to stop a shoplifter, ask for ID & proof of ID, and search them, ALL WITH PROBABLE CAUSE. |
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Term
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Definition
1) Pleadings
2) Discovery and Pre-Trial
3) Trial and Appeal
4) Collections |
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Term
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Definition
| Complete a 'complaint and summons' form and turn into county clerk |
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Term
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Definition
| A notification to a defendant that they are being sued. Often sent in the ordinary mail. If it is not returned to sender within 30 days, then it is considered served. Also served personally: someone serves defendant in person by delivery (can leave w/ person of suitable age), pins it to door, etc. |
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Term
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Definition
| Order to appear in court (served like a summons) |
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Term
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Definition
| A Pro-Supp generates a court order for the person in question to appear in court to speak on their income and assets. |
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Term
| Garnishment of Wages (collections) |
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Definition
| A way of collecting monetary compensation. The LESSER OF the following: 25% of disposable earnings OR amount by which disposable earnings exceeds 30 times the federal minimum wage ($217.50 per hour). Child support takes precedence over a garnishment for a civil judgement. |
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Definition
| Requires a writ which sheriff carries out. Goal is to collect property and convert to cash. |
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Term
| Exemptions for Collections |
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Definition
| tangible personal property ($9350 exempt), intangible personal property ($350 exempt), retirement acct (completely exempt), family residence ($17600 exempt) |
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Term
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Definition
| Right to due process, freedom from self incrimination |
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Term
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Definition
| We do NOT have a constitutional right to be read our Miranda Rights. There is NO requirement. However, if you are IN CUSTODY AND UNDER POLICE INTERROGATION and give a SELF INCRIMINATING answer, you are protected. Miranda Rights is an exclusionary law of evidence |
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Definition
| Used to oppose the combination of entities that could POTENTIALLY harm competition, such as monopolies or cartels. |
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Definition
| Used to oppose price discrimination, exclusive contracts, combinations, mergers, acquisitions, and interlocking directorates |
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Definition
| Used to oppose predatory pricing and selling |
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Term
| Exemptions under Anti-Trust Acts |
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Definition
| governments, patents, labor unions, and MLB baseball |
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Term
| RICO (Racketeer Influenced & Corrupt Organizations) |
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Definition
| Focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because he did not actually commit the crime personally. |
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Term
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Definition
| Relocation of a corporation's headquarters to a lower-tax nation, or corporate haven, usually while retaining its material operations in its higher-tax country of origin. |
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Term
| Termination for just cause |
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Definition
| must justify firing someone |
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Term
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Definition
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Term
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Definition
| Intentional, Negligent, Strict Liability |
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Term
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Definition
Product liability: defenses include misuse of item, disregarding labeling, disregarding warnings, modified product.
Animals: if you raise wild animals, you are responsible for the damage they cause. |
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Term
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Definition
Slander: spoken defamation of character
Libel: written defamation of character
Battery
Conversion: when one refuses to return a borrowed item-- can sue for 3x value of item |
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Term
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Definition
| The damages must be PROXIMATELY CAUSED by the defendant AND injury must be foreseeable |
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Term
| Tort Claims Act (Indiana) |
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Definition
| If a gov't entity causes harm to you civilly, before you go to court, you must give written notice of tort claim to the gov't entity within 180 DAYS. After notice is given, the gov't entity has 90 DAYS to adjust, settle, deny, etc. before you can sue. |
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Term
| Types of Defenses to a Negligent Tort claim |
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Definition
| Act of God, comparative fault, contributory negligence, assumption of risk |
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Term
| Negligent Tort Defenses (Comparative Fault) |
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Definition
| If plaintiff proves defense is 50% or more liable, plaintiff recovers. |
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Term
| Negligent Tort Defenses (Contributory Negligence) |
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Definition
| If a person was injured in part due to their own negligence, the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident. |
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Term
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Definition
| Compensatory, Nominal, and Punitive |
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Term
| Types of Damages (Compensatory) |
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Definition
| Paid for out-of-pocket costs and what is owed to you. Out-of-pocket costs include medical bills, missed time at work, etc. |
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Term
| Types of Damages (Nominal) |
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Definition
| Usually there are at least some before punitive; small amounts of money |
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Term
| Types of Damages (Punitive) |
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Definition
| Intended to send a message to the other side. In Indiana, it cannot exceed $50k or 3 times the compensatory damages. However, you only recover 25% for yourself. The other 75% is put in state's violent crime compensation fund. |
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Term
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Definition
| Authority of a court to hear a case |
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