Federal Rules Of Evidence

Federal Rules of Evidence control judges and lawyers. State rules are typically modeled on these Federal rules.

The Federal Rules of Evidence (FRE) is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments.

... the purpose of rules of evidence is to regulate the evidence that the jury may use to reach a verdict.
... the Rules center on a few basic ideas – relevance, unfair surprise, efficiency, reliability, and overall fairness of the adversary process. The Rules grant trial judges broad discretion to admit evidence in the face of competing arguments from the parties.


These rules govern the introduction of evidence in proceedings, both civil and criminal, in Federal courts. While they do not apply to suits in state courts, the rules of many states have been closely modeled on these provisions.

Evidence overview.

Volunteer For Experience

It has been suggested to volunteer at an organization that provides legal aid or legal services for the poor.  In some states, paralegals may present benefit denial cases before a judge.

Define: res judicata

res judicata, res adjudicata

matter already settled in court; cannot be raised again

Define: plenary

plenary

complete in every respect

plenary power

power that has been granted to a body in absolute terms, with
no review of, or limitations upon, the exercise of the power.

Define: Cause of Action

Cause of Action

Facts (what happened) which provide for the ability to sue.

Define: Interrogatories

Interrogatories

In discovery phase of civil case, written questions to be answered under oath, within a period of time.

Stages Of A Lawsuit

Complaint (Allege (1) duty defendant breached, (2) how defendant breached duty, (3) how plaintiff suffered damages as a direct result.)

Motions (Not always needed.)

Answer (Defendant files an Answer (admit or deny each allegation) and affirmative defenses (alleges facts to relieve obligation to plaintiff))

Discovery (Not always needed.  Tools of discovery: Admissions; Production; Interrogatories; Depositions; Subpoenas and other court orders)

Trial

Define: qui tam

qui tam

a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed.

Define: in personam

in personam

"against the person"
courts' power to adjudicate matters directed against a party, as distinguished from in-rem proceedings over disputed property.

in personam

the defendant must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment the court applies to that person only

... if proper legal service upon the respondent had been obtained, and if the court also held subject-matter jurisdiction, then the appearance by the respondent or his/her attorney confers in personam jurisdiction upon the court. The respondent then has made a general appearance before the court.

Define: Bill of Attainder

Bill of Attainder

A legislative act that singles out an individual or group for punishment without a trial.

Define: De Novo

DE NOVO

Considering the matter anew, the same as if it had not been heard before and as if no decision previously had been rendered.

Define: Sui Juris

Sui iuris, commonly also spelled sui juris, is a Latin phrase that literally means “of one’s own laws”.


SUI JURIS

One who has all the rights to which a freemen is entitled

Define: Estoppel

Estoppel means blocked or not allowed.

Two kinds of estoppel:

Collateral estoppel prevents a party to a lawsuit from raising a fact or issue which was already decided against him in another lawsuit.

Equitable estoppel prevents one party from taking a different position at trial than she did at an earlier time if the other party would be harmed by the change.

Define: Writ of Certiorari

Writ of Certiorari

Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.

Define: Writ of Mandamus

Writ of Mandamus can be filed in appeals court to command lower courts to act (or not act).

Mandamus is a judicial remedy which is in the form of an order from a superior court to any government subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty.

Define: Ex Parte

Ex parte

when one party to a case speaks or meets with a judge without the presence of the other party or party’s attorney. This type of communication is highly inappropriate and not allowed except in unusual and emergency circumstances.

What is an 'ex parte' hearing?

Define: Malfeasance Misfeasance

  The following terms are often used when public officials exceed their authority.


Malfeasance

the performance by a public official of an act that is legally unjustified, harmful, or contrary to law

Misfeasance

the wrongful performance of a normally lawful act; the wrongful and injurious exercise of lawful authority 

In Which Court To File Civil Case

When filing suit, the logical place to start is in the lowest level court.  For local civil (not criminal) issues, even if their is a federal law that could apply, first look for applicable local law or state law and file suit in local court.

Many civil issues are covered by the Uniform Commercial Code, which has been adopted by most states.

When To File Lis Pendens

The Lis Pendens should only be filed after a case affecting the property has been filed.  There can be issues if the property title is purposely clouded before there is proper justification.  Filing the Lis Pendens without justification may result in slander of title.

Legal Tender & Credit

While credit cards and checks spend the same as money in the form of coins and bills, credit is not legal tender.

The Legal Tender Statute only applies to debt.  A store can pre-emptively refuse legal tender coins and bills before a debt is incurred.  In fact, a store can decide to only accept roasted almonds as payment.

From the US Treasury website
... [T]he Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. For example, a bus line may prohibit payment of fares in pennies or dollar bills.


A check is not legal tender.  A check is conditional payment and does not immediately discharge a debt.
Supreme Court of Wyoming
AZTEC GAS OIL CORPORATION v. ROEMER OIL COMPANY
AZTEC GAS & OIL CORPORATION, a Nevada Corporation, Appellant (Defendant), v. ROEMER OIL COMPANY, a Colorado Corporation, Appellee (Plaintiff).
No.96-180.
-- December 05, 1997
We adopt a definition of legal tender consistent with both the UCC and regional common law and hold that payment by check does not discharge a debt unless and until the check is honored; once honored, the time of payment relates back to the time the check is delivered.


NY Times 1907 article on legal tender limitations during that time

Define: Lis Pendens

To inform property deed searchers of a pending action against the property, file a lis pendens.  Many people will not purchase property with complications and a lis pendens is a complication.

Beginning Vocabulary

My benefactor suggested I read for the following to gain basic vocabulary and some concepts.

Law school first class is state civil procedure.  Federal rules are the model for state rules of civil procedure.
1) civil procedure & administrative procedure (state specific).  (Look for Barbri admin packet).

Contract law
2a) Constitutional contract law.  Look for "contract" in federal constitution.
2b) Contracts may be broken.  Remedies for breach of contract.  Contracts can be voided for illegality "against public policy".

Contracts
3a) Government contracts.  Little or no Barbri coverage.
3b) Implied contracts.  How enforceable.
3c) Elements to form a contract - meeting of minds, both sides agree to purpose, "arms length" transaction, not unconscionable (such as withholding info)

Rule --> 69
Rule --> 121.  Know this including timeliness of suing.

4a) taking
4b) eminent domain
4c) detrimental reliance

Next step:
tortuous interference with contract

Barbri Study Guide

After three years of law school, graduating students who want a "bar card" must pass the bar test.  One of the bar test study guide vendors is Barbri.  The guides cost over $1000.  I bought a used 2008 version for $50.