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Exam of 5 pages for the course aaert at aaert (AAERT exam)
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AAERT examState court system 4 tiers (SISC) - answer-state supreme court
-intermediate court of appeals
-superior, circuit, or district court of general jurisdiction at the county level
-city or municipal courts
higher state courts possess what - answer jurisdiction
the 3 types of court are - answer state courts
federal courts
the United States supreme court
2 types of jurisdictions that all courts have - answer subject matter
territorial
writ of certiorari - answera common law writ issued by a superior court to one of interior
jurisdiction demanding the record of a particular case
(the supreme court issues a writ of certiorari to whatever lower court las t rules in the
case)
res judicata - answera decided thing
stare decisis - answerlet the decision stand
res ipsa loquitur - answerthe thing speaks for itself
federal statutes are contained within what - answerthe united states code
USC
typical united states code citation - answer26 U.S.C. 6652(a)(a)(B)
statutory law (positive) - answerlaw enacted by legislature
-congressional and state
-is relatively rigid
-can be civil or criminal
common law (customary) - answerold, judge made, body of principles where are
authoritative because they are ancient
-legislators did not originate the elements of the original
court opinions are typically cited by
, (CVCPC) - answercase number
volume number
court's name
page number
court term(year)
"Smith v Thomas, 146 U.S. 782 (2011)
benchmark/landmark decisions - answersignificant rulings
doctrine - answermajor principles of law
shepardizing - answerlegal research into the ultimate outcome of a case after appeals
(checking to see whether a prior opinion is still valid or has been changed by a
subsequent ruling)
american law is - answeradversarial
what divides the courtroom - answerthe bar
bill of indictment - answerthe grand jury returns this when evidence is sufficient to
warrant a trial
arraignment - answerheld to allow a defendant to enter a plea with the court
the standard order of events for criminal and civil trials - answerdiscovery, trial, decision
motions in limine
"on the threshhold" - answerfiled before a trial
asks the court for an order limiting of preventing certain evidence from being presented
by the other side at the trial
discovery period - answerparties marshal their evidence
interrogatories
each side gathers documents
witnesess are deposed in depositions
expert witness - answergives opinion testimony- an aid in understanding technical
matters
lay witness - answernon-expect
percipient
lists only facts
not allowed to state opinion
hostile witness - answeradverse witness- called by one side but interests lie with the
other side
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