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American Law (Fach) / Exam Review (Lektion)

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• direct No leading questions can be asked on a direct
• objection Question is challenged; either sustained (+) or overruled (-), strategically it can be better not to overrule uncritical pieces of evidence 
• stipulate lawyers agree to a fact
• redirect Only questions based on the cross-examination can be asked
• file complaint Very basic document; as it's not under oath, there is no way of telling if it is true or not; it basically claims that someone did something and argues why the court is the right court, if the parties are from two different states, the trial is heard at a federal court if both are from the same state it is heard at a state court. Court fees are always the same - if one cannot pay for the jury this is paid for by the state. 
• in hand service of process the complaint is personally given to the person; affirmation under oath that person was served. Once a person is served, he or she has a legal duty to answer
• abode service of process The complaint is dropped at the house
• answer by the defendant Admits or denies complaint, has to respond. If the defendant fails to file an answer, he or she gets a default judgment entered against him or her. 
• pretrial Potential evidence that the other party wants to present is shown. The pretrial judge is not the trial judge. The pretrial judge attempts to settle the case. If the case is not settled it is assigned a trial date. 
• plaintiff's opening argument Tries to give an overview so that the jury can follow the pieces of evidence
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• defendant's rest the end of evidence collection
• closing argument comparable to opening; trying to paint a picture again
• closing argument comparable to opening; trying to paint a picture again
• jury charged the jury is told the law. The jury is supposed to have already painted a picture of the event. It should not be influenced by the law beforehand. 
• statute book Gesetzbuch; e.g. Grüneberg/Schönfelder
• statute symbol §
• ubiquitous allgegenwärtig
• statutory system European continental system
• civil law system application of statutes
• civil law system application of statutes
• common law system Based on precedent (stare decisis): former decisions influence how future cases are decided. No distinction between private and public law but the division between civil and criminal law. Principles and laws have developed their authority solely through usages and customs. Cases are the primary source of law while statutes are only seen as incursions into the common law and thus interpreted narrowly. 
• lawyer most universal term for the legal profession
• attorney Antiquated term for agent used as a title, atty = address for attorney
• power of attorney Vollmacht
• attorney at law Rechtsanwalt
• J.D. = juris doctor technically every lawyer has a doctor title
• counselor Synonym for an attorney; it has a nice and formal ring to it, can be used when you forgot the other person's name
• opposing counsel the other party's lawyer
• "brothers and sister at the bar" can sound over the top 
• litigators specialize in trials
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• transactional lawyers almost never in court; mainly drawing contracts
• rainmakers partners responsible for acquiring new clients
• service partners partners who primarily practice law
• trial court/ court of first instance/court of first impression/courts of general jurisdiction Both sides present evidence, mostly witnesses and exhibits (items and documents related to the case), all cases have to go this level
• appellate court or court of appeals No longer plaintiff v defendant --> appellant/petitioner (the party who appealed), responded/appellee, only deals with issues of law, no new evidence, and no new witnesses, "appellate briefs" and oral arguments + records from the trial court, panel of judges (usually 3 to 6 but up to 9)
• court of last instance / Supreme Court / High court rulings cannot be appealed
• holding big picture at trial
• ruling ruling on specific legal issues
• reverse and remand the case send case back to lower courts with specific instructions
• liable civil cases
• guilty criminal cases
• law is predictable and strict and provides certainity
• maxims of equity 1) Equity regards as done what ought to be done 2) Equity will not suffer a wrong to be without remedy 3) One who seeks equity must do equity 4) Equity aids the vigilant, not the indolent 5) He who comes into equity must come with clean hands 6) Equity delights to do justice and not by halves 7) Equity delights in quality (core maxim)
• remedies by equity specific performance & injunctions
• remedies at law rules out remedies of equity 
• tort An act that gives rise to injury or to another and amounts to a civil wrong for which courts may impose liability. Tort law deals with the harm done in the past. Typically no consenting parties. A duty by law owed to everyone, from Latin word "torquere" which means to twist or wrestle aside
• tortfeasor person who commits a tort
• action in tort Anspruch aus Delikt
• action in contract Anspruch aus Vertrag
• negligence Fahrlässigkeit

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