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84 Cards in this Set

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What is the definition of Law?
(not the Blacks Law Dictionary version)
The law consists of rules that regulate the conduct of individuals, businesses and other organizations within society. It is intended to protect persons and their property against unwanted interference from others. In other words the law forbids persons from engaging in certain undesireable activities.
What is the definition of Law?
(the Blacks Law Dictionary version)
Law in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is law
What are the functions of the law (name three for test)
Keep the peace
Shape moral standards
promote social justice
maintain the status quo
facilitate orderly change
facilitate planning
provide a basis for compromise
maximizing individual freedom
What is the nature and origin of common law?
Common law is developed by judges who issued their opinions when deciding a case

the principles announced in these cases become precedent for later judges deciding cases

It originated from the English system of law
Prior to the Norman conquest disputes were settled in England by
the landholder for which the presant worked
The decisions of common law are kept where
Year books
Define Cause of Action
a cause of action is a set of facts sufficient to justify a right to sue. It is the legal theory upon which a plaintiff brings suit
A cause of action generally encompasses
the legal theory

and

the remedy
Specific causes of action are
contract-based actions
statutory causes of actions
torts
suits in equity
the elements a of a cause of action are
points a plaintiff must prove to win a case
The elements of negligence are
defendant owed duty of care to plaintiff

defendant breached that duty

Plaintiff was harmed

plaintiffs injury or harm was caused by defendant's breach
what are the three equitable remedies
specific performance,
injunction (mandatory and prohibitive) and
rescission
Where does law come from
constitutional law
statutory law
administrative law
common law
what is statutory law
enacted by a legislative body
congress
state
city council
what is administrative law
law by executive order
stare decisis
A decision making rule which provides that a court must follow decsions of a higher court in the same jurisdiction in a case involving the same or similar facts and issues
what is the specific perfomance remedy
requires you to perform terms of a contract
what is recision remedy
requires the undoning of a contract
what is the injunction remedy
prohibitory- can't do something
mandatory-must do something
If you are seeking an equitable remedy know that
you are not entitled to a jury
who decides the equitable remedy
a judge, NO JURY
An executive agency is
appointed by the executive branch of the government

usually changes with the administration

For example, the Department of Homeland Security
An independent regulatory agency agency is
an agency such as the Environmental Protection Agency enacted by Congress to carry out legislation
the supreme law of the land is the
constitution
to codify a law is to
take the statutes and organize by subject
the diversity of citizenship jurisdiction applies to and applies when
Federal court
citizens are from different states
and claims are more than 75,000
The two questions of jurisdiction that apply to federal court are
subject matter jurisdiction
diversity of citizenship jurisdiction
federal question jurisdiction in federal court applies
plantiff has alleged violation of the Contstitution, laws or treaties of the united states
in personam jurisdiction
gives the court jurisdiction over the parties of a lawsuit
in rem jurisdiction
a court may have jurisdiction to hear and decide a case because it has juridiction over the property at issue in the lawsuit
quasi in rem jurisdiction
a plaintiff who obtains a judgement against a defendent in one state may utilize the court system of another state to attach property of the defendants that is located in the second state
long arm statute
a statute that extends a state's jurisdiction to non-residents who were not served a summons within the state, the non resident must have had some minimum contact with the state
defendants who have
1)committed torts within the state
2) entered into a contract in the state or that effects the state
3) transacted other business in the state that allegedly caused injury to another person
limited jurisdiction courts are
specialized in nature, like bankruptcy
general jurisdiction courts
hear cases that are general in nature and not subject to limited jurisdiction coruts, testimony and evidence are recorded and stored for future reference
exclusive jurisdiction
jurisdiction held by only one court
concurrent jurisdiction
jurisdiction held by more than one court
the correct formal names of the three courts through which a civil action may potentially proceed in the Kansas judicial system
District Court of Sedgwick County (TRIAL COURT)
Kansas Court of Appeals
Kansas Supreme Court
the correct formal names of the three courts through which a civil action may potentially proceed through the federal court system
US district Court (TRIAL COURT)
US Circuit Court of Appeals
US Supreme Court
When you live in Wichita and appeal a federal court case, where would you go
10th Circuit Court of Appeals, Denver, Colorado
Three primary basis for personal jurisdiction
residency
filing and pleading
long arm
name some limited jurisdiction courts
traffic
juvenile
justice of the peace
probate
family law
misdemeanor criminal law cases
small claims courts
Intermediate Appellate courts follow what process
reveiw trial court record to determine if there have been any errors at trial that would reverse a decision

no new evidence or testimony is permitted

file legal breifs

and oral statements are made
The supreme court is composed of
nine justices, nominated by the president and confirmed by the senate
who appoints the cheif justice
the president
who is the current chief justice
john roberts
what is a petition for certiorari
asks the supreme court to hear a case
what is a writ of certiorari
An official notice that the supreme court will hear a case
Long arm jurisdiction
doctrine which provides a state court in a civil matter with personal jurisdiction over a non-resident defendant based upon the defedant's conduct in that state.
Conduct that would cause a state to exercize long arm jurisdiction
entering into or breaching a contract in the forum state, committing a tort in the forum state, selling a product in the forum state or engaging in an act of sexual intercourse in the forum state
what is a summons
a court order directing the defendant to appear in court and answer the complaint
what is a cross-claim
a claim against a party on thes same side of an action
what is a counterclaim
a claim for relief that is asserted against an opposing party after an original claim has been made
discovery
a legal process during wich each party engages in various activities to discover facts of the case from the other party and witnesses before the trial
deposition
oral testimony given by a party or witness prior to a trial, it is given under oath and transcribed
interrogatories
written questions submitted by one party to the other party. THey must be answered within a certain period of time
motion for summary judgment
a motion that asserts that there are not factual disputes to be decided by the jury that the judge can apply the proper law to the undisputed factsw and decide the case without a jurty
What are the phases of a trial
jury selection
opening statements
plaintiffs case
defendants case
rebuttle and rejoinder
closing arguments
juring instructions
jury deliberation
entry of judgment
a motion to dismiss must have a legal basis what kinds of legal basis could there be
lack of personal jurisdiction
lack of subject matter jurisdicition
improper venue
insufficiency of process
failure to state a claim upon which relief can be granted
how many circuits in the federal court system
13
a majority decision is
the majority of the justices agree to the outcome and the reasoning used to decide a case it is a majority opinion and it becomes precedent for later cases
a plurality
a majority agree on the outcome but not to the reason, then the case is decided, but precedent is not set
a concurring opinion
agrees with the outcome but not the reasoning
A dissenting opinion
does not agree with the decision
Sources of American Law
-Constitutional law – Constitution of the United States and the 50 states
-Statutory law – laws passed by Congress, state legislatures and local governing bodies
-Common law – opinions of appellate courts
-Administrative law – regulations, orders and decisions of administrative agencies
substantive law
the statutory or writtenlaw that governs rights and obligations of those who are subject to it
Procedural law
the rules by which a court hears and determines what happens in civil or criminal proceedings.
Federal statutes are published in
the United States Code
Kansas statutes are published in
Kansas Statutes Annotated (K.S.A.)
Concurrent jurisdiction
refers to the power of a court to hear types of cases that may be brought in either state or federal court.
Exclusive jurisdiction
refers to the power of a federal court to hear a case that must be brought in federal court or the power of a state court to hear a case that must be brought in state court
Pretrial Conference Order
At the close of the discovery phase of a lawsuit, the judge and the attorneys confer and develop a “roadmap” that will govern the remainder of the litigation
Pretrial Conference Order will decide
Issues of fact
Issues of law
Witness list
Exhibit list
Unusual evidence questions
Date for summary judgment motions
Date/length of trial
Jury or bench trial
Information presented to the appellate court
Record on Appeal
-Transcript of the trial
-Significant pleadings filed in trial court
Brief of Appellant
Brief of Appellee
Oral arguments
Brief of Appellant
booklet identifying the errors allegedly made at trial, the trial evidence relevant to these errors, and the law which suggests the errors entitle appellant to judgment or new trial
Brief of Appellee
booklet contesting the facts, law and conclusions in appellant’s brief
Article 1 Courts
us bankruptcy court
us tax court
article 3 judges are appointed for how long
lifetime
WHAT IS AN ELEMENT
ONE THING, PROPOSITION, FACT IN A GROUP OF THINGS, ALLL OF WHICH MUST BE PROVED IN ORDER TO ESTABLISH A CAUSE OF ACTION, DEFENSE, OR STATUS
elements of negligence
defendant owed a duty of care to plaintiff

defendant breached that duty

plaintiff was harmed

harm to the plaintiff was caused by defendant's breach
3 equitable remedies
injunction
-prohibitory
-mandatory
recision
specific performance
What is the process that happens before a trial
complaint-must list a cause of action

defendant may file a motion to dismiss b/c
1. lack of jurisdiction
2. invalid service of process
3. failure to state a valid cause of action

Answer- whether or not he admits or denies allegations

pleadings- the paperwork that is filed with the court to initiate and respond to a lawsuit.

discovery
what are the tools of discovery
depositions
interrogatories
requests for production of documents
requests for admisssions
what is a request for admission
a period where all the stuff that is not under dispute is identified
motion for summary judgement
applying law to facts that are undisputed indicates that the case is already won