Legal Remedies? 3 Types of Damages?
Legal Remedies: fix problem with money
1. Compensatory Damages: restore party to way it was before legal issue - "Money Damages"
2. Punitive/Exemplary Damages: punish, in addition to compensatory
3. Nominal: small amount to recognize violation occured
...
Legal Remedies? 3 Types of Damages? - ANSWER-Legal Remedies: fix problem with
money
1. Compensatory Damages: restore party to way it was before legal issue - "Money
Damages"
2. Punitive/Exemplary Damages: punish, in addition to compensatory
3. Nominal: small amount to recognize violation occured
Remedies from King's Court - ANSWER-Legal Remedies
General vs. Special Damages - ANSWER-Types of Compensatory Damages
Special: quantifiable - time, money, property damages
General: subjective - pain, reputation, earning capacity
Equity Remedies? 3 Types? - ANSWER-Equity Remedies: only available if legal
remedies are inadequate
1. Specific Performance: party required to perform as promised in contract
2. Injunction: one must do/refrain from act - temporary and permanent
3. Rescission: action to undo agreement, can involve restitution
10th Amendment - ANSWER-reserve all powers not granted to the federal gov to the
states
UCC - ANSWER-Uniform Commercial Code, most accepted uniform law - make
commercial sales contracts uniform
Doctrine of Stare Decisis (Who created?) - ANSWER-"to stand on decided cases" -
William the conqueror
Who is appellant? Appellee? - ANSWER-Appellant is appealing, appellee defends
, Civil Law (Who? Purpose? Proof?) - ANSWER-Between people or government in non-
criminal manner
Plaintiff v. Defendant
Purpose: Compensation
Burden of Proof: "by preponderance of evidence," lower
Criminal Law (Who? Purpose? Proof?) - ANSWER-Wrongs committed against public
State v. Defendant
Purpose: Punishment
Burden of Proof: "beyond reasonable doubt," higher
Per Curiam Court. Opinion - ANSWER-anonymous
Which court opinion broadens precedent in the future? Which overturns in future? -
ANSWER-Broadens: concurring
Overturn: dissenting
In Personam Jurisdiction (for ppl v. busn, is focus on def. or pl) - ANSWER-People:
where they live, only 1 state
Business: where created and do most business, 1+ states
Focus on defendant's location
In Rem Jurisdiction Requirements - ANSWER-Only for when can't show in personam
jurd.
1. Property is subject matter
2. Property is in state
3. Can file action against non-res. in court that has jurd. over non-res. property
4. Long-Arm Statute can't be estab.
Subject Matter Jurisdiction (2 types, examples) - ANSWER-CAN NEVER BE WAIVED
Court of General Jurisdiction: various cases, few restrictions
Court of Limited Jurisdiction: specific cases - federal: bankruptcy, state: probate
What jurisdiction can never be waived and why? - ANSWER-Subject-matter jurd to
make the court efficient
Original Jurisdiction - ANSWER-case is heard for first time
Concurrent Jurisdiction - ANSWER-case can be heard by either system
Exclusive Jurisdiction - ANSWER-only one court system has power over the case
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