Notes on Law
Small Claims Court
* Plaintiff: suing
* Defendant: being sued
* $3.00 registered letter (make them sign yellow sheet to pick up something at the post office) * $30.00 process server (walks up to them and asks them, “Are you James Boomer?”) * Court date: Mr. Boomer doesn’t show up then Mr. O’Brien wins if he does then it begins * Garnishment: forcibly taking wages 20%/30%
* *30, *60, ^90
* Misdemeanor- 1 year or less in jail
* Felony- 1year or more in jail
* Probation- early release from prison
* Immunity- no jail
* Civil- suing for damages including money
* Deterrent- keeps someone from doing again
* Damages suing for:
1. Real (real costs)
2. Punitive (doesn’t have dollar value, punishment. Ex. Coffee spill on lap) * In criminal courts with 12 jurors. You need 12 out of 12 to vote guilty or acquitted (innocent) * If 11 out of 12 hung jury (undecided), there would be a retrial of the slate wanted * Amount of evidence beyond reasonable doubt 90% out of 100% * Amount of evidence beyond reasonable doubt 90% out of 100% * A bad settlement is better than a good judgment!
* Process of settlement:
* Negotiation A vs. B- solve settlement , can do it without lawyers * Mediation A-BC hired an attorney who helps mediate or settle argument mediator suggests compromise * Arbitration A-BC hired attorney who makes an agreement between A and B and it is binding. A and B had to signed a sheet agreeing with the mediator’s outcome before the arbitration * Officers of the court: Judges and Lawyers
* Judges referee the law.
* Interpret the law.
* Can’t persuade, or bring new info to the trial
* Salaries: $100,000-$120,000 per year (not paid for # of cases) * Capital crime: death penalty or life sentence (50)
* Defense Attorney: private sector (just need to win!!!)
* ^^^payment: hourly or contingency....
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