EMGS231 Test 1

A court order directing a party to a lawsuit to do or refrain from doing some act (can be temporary or permanent)

A court order that commands law enforcement personnel to carry out a specific task

-latin term for "let the decision stand"-the principal that once a court establishes a legal principal or interpretation, other courts at the same or lower level in the same jurisdiction must apply that principal or interpretation in future cases on substantially the same facts

Established by court decisions that have been decided in the past in similar cases in the same jurisdiction

Judge-made law that developed in England and was in existance prior to the Declaration of Independence

Only issues of law can be appealed

-the obligation of a party in a lawsuit to affirmatively prove the facts of the case to a required degree in order to prevail-generally belongs to the plantiff

-the burden of proof in a CIVIL case-51 to 49 %-in CIVIL cases, the burden of proof is by fair preponderance of the evidence-the "more likely than not" standard

-an intermediate between civl and criminal burden-must prove substancially more likely than not that the crime was committed

-the burden of proof in a CRIMINAL case-a safeguard against wrongful convictions-95 to 5 %-belongs to the prosecution; must prove each element of the crime beyond a reasonable doubt to be successful

Generally 12, but not always. Other common sizes are 6 or 8

-based upon funding source-municipal-county-fire district-fire protection district

-based upon funding source-for-profit-volunteer-industrial-fire brigade

-FDs owned by stock holders-bid competitively on longterm governmental contracts

-created by state legislature at the REQUEST OF INHABITANTS-created in effort to govern or address local needs >authority for self-government >i.e. cities and towns