User:Jaredscribe/Law
| Judicial remedies |
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| Legal remedies (Damages) |
| Equitable remedies |
| Related issues |
| Evidence |
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| Part of the law series |
| Types of evidence |
| Relevance |
| Authentication |
| Witnesses |
| Hearsay and exceptions |
| Other common law areas |
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| Criminal law |
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| Elements |
| Scope of criminal liability |
| Severity of offense |
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| Inchoate offenses |
| Offense against the person |
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| Sexual offenses |
| Crimes against property |
| Crimes against justice |
| Crimes against the public |
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| Crimes against animals |
| Crimes against the state |
| Defenses to liability |
| Other common-law areas |
| Portals |
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| United States federal civil procedure doctrines | ||||
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| Jurisdiction | ||||
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| Federalism | ||||
| Professional responsibility |
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| Duties to the client |
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| Duties to the court |
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| Duties to the profession |
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| Sources of law |
| Penalties for misconduct |
Comparative law, Equal Justice under law - Noachide Covenant Source Sheet, Code of Hammurabi, Laws of Solon, Law of the Twelve Tables, Corpus Juris Civilis. Code of Justinian, Institutes (Justinian), Digest (Roman law), Magna Carta, Common law, List of Latin legal terms.
Constitution of Oregon, Oregon Constitution, Constitution of California
Forum and Jurisdiction
[edit]choice of law, conflict of laws: lex causae should be determined by the locus in quo "place in which". Lex loci, Lex loci delictus
Enforcement of foreign judgments, Dépeçage
Although the Multnomah County Circuit Court has personal and territorial jurisdication, it does not have subject matter jurisdiction, therefore is a forum non conveniens.
American Bar Association Model Rules of Professional Conduct
Law school, American Bar Association, Oregon State Bar
Demurrer: affirmative defense: justification (jurisprudence), necessity (criminal law), defense of property, self-defense. Else mistake of law that a reasonable person might make.
Secret trials violate open court principle guaranteed by the Sixth Amendment to the United States Constitution, which guarantees public trial and assistance of counsel. "Justice is not a cloistered virtue" Gideon v. Wainwright, Ineffective assistance of counsel, Strickland v. Washington.
SCOTUS has incorporated and applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
Criminal procedure in the United States
Pretrial conference
Competence and Insanity defense
[edit]Psychiatry's Incurable Hubris, Pathologizing Dissent
User:Jaredscribe/Psychodynamic theory
Trial and Argumentation
[edit]Must be concurrence between Actus reus and mens rea, except where there is strict liability. inchoate offense.
Witness, direct examination, cross-examination, impeachment, rehabilitation Objection_(argument), argument map
falsus in uno, falsus in omnibus
Civil and Appellate
[edit]Article III Case or Controversy Clause restricts court's ability to issue Advisory Opinions, or hearing cases that are either unripe or moot. Parties must have Standing (law). Chilling_effect argument is a rare exception. In Roe v. Wade, for instance, the Court applied the mootness exception for cases "capable of repetition, yet evading review."
Stipulated agreement
Ex parte non-docketed matters.
convert short-matters docket.
Federal Case Law and the Supremes
[edit]Force v. Facebook, Twitter v. Taamneh (new articles contributed) Re: Section 230
TWA v. Hardison (new draft)
Lists of landmark court decisions
Incorporation of Rights Doctrine
[edit]Gitlow v. New York, 268 U.S. 652 (1925) De Jonge v. Oregon, 299 U.S. 353 (1937) Guarantee against establishment of religion incorporated against the states. See Everson v. Board of Education, 330 U.S. 1 (1947).[1]
Guarantee of free exercise of religion incorporated against the states. See Cantwell v. Connecticut, 310 U.S. 296 (1940).
Notes and References
[edit]- ^ Justice Thomas, in a concurring opinion in Elk Grove Unified School District v. Newdow, expressed his view that Everson was wrongly decided and that incorporation of the Establishment Clause is not justified under the Constitution. See Nussbaum, Martha Craven (2008). Liberty of conscience: in defense of America's tradition of religious equality. Basic Books. pp. 105 et seq. and Chapter 4. ISBN 978-0-465-05164-9. Richard F. Duncan (2007). "JUSTICE THOMAS AND PARTIAL INCORPORATION OF THE ESTABLISHMENT CLAUSE: HEREIN OF STRUCTURAL LIMITATIONS, LIBERTY INTERESTS, AND TAKING INCORPORATION SERIOUSLY" (PDF). Regent University Law Review. 20: 37–56. Archived from the original (PDF) on 2013-01-15.