GBL 295 Lecture Notes - Lecture 8: Concurrent Jurisdiction, Estoppel, Exigent Circumstance
11 Aug 2017
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Jurisdiction: power of court to hear case + render decision, original vs. appellate jurisdiction, original = initially hear = trial court appellate = review decision, decide if wrong. Burden of proof: standard/test applied to case . criminal = beyond reasonable doubtcivil: preponderance. Burden of persuasion: who in the legal dispute must prove their version of facts. In criminal cases, government has it (because assumed innocent) Common law = not codified, thus primary source is case law (interpreted way=precedent eg: privacy: deals with contracts concerning real property/personal property/services/employment contracts. Precedent = legal case establishing a principle or rule that a court or other judicial body adopts when deciding later cases with similar issues or facts based upon earlier trial results. Equitable powers of courts: federal = interpret + apply federal statutes/regulations and consider the constitutionality of both state/federal legislation/regulations can also apply state law in opposing state issues, supreme court appeal courts (dc/fed/1-11th circuit) district courts +
