Blaw 310 - Test One

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Four Schools of Judicial Thought

Back 1

Natural Law View
Positivist View
Historical View
Legal Realism View

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Natural Law

Back 2

Denotes a system of moral and ethical principles that are inherent in human nature and thus can be discovered through the use of people’s own native intelligence.

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Positivist View

Back 3

The body of conventional, or written, law of a particular society at a particular point in time.

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Historical View

Back 4

Emphasizes the evolutionary process of law and looks to the past to discover what the principles of contemporary law should be.

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Legal Realism View

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Advocates a less abstract and more realistic approach to the law, an approach that takes in to account customary practices and the circumstances in which transactions take place, left a lasting imprint on American jurisprudence.

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Define Law

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Consists of enforceable rules governing relationships among individuals and between individuals and their society.

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Define Ethics

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The study of what constitues right or wrong behavior.

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Sources of American Law

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Constitutional Law, Statutory law, Administrative Regulations, and the Common/Case Law.

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Constitutional Law

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Derived from the U.S. Constitutions of the constitutions of the various states.

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Statutory Law

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Enacted by the legislative bodies (as opposed to constitutional law, administrative law, or case law)

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Administrative Law

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Created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

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Case Law

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The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions.

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Uniform Law

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A model law created by the National Conference of Commissioners on Uniform State Laws and/or the American Law Institute for the states to consider adopting. If a state adopts the law, it becomes statutory law in that state. Each state has the option of adopting or rejecting all or part of a uniform law.

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Common Law

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The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature.

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Stare Decisis

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A common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

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Procedure: Initiation of Lawsuit

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Law: By filing a complaint
Equity: By filing a petition

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Procedure: Decision

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Law: By jury or judge
Equity: By judge (no jury)

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Procedure: Result

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Law: Judgment
Equity: Decree

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Procedure: Remedy

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Law: Monetary damages
Equity: Injunction, specific performance, or rescission

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Civil Law

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Deals with the definition and enforcement of all private or public rights, as opposed to criminal matters.

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Criminal Law

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Defines and governs actions that constitute crimes, Generally, criminal law has to do with wrongful actions committed against society for which society demands redress.

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What does U.S.C.A. stand for?

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U.S. Code Annotated

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Define: 345 So.2d 589

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Volume 345, Southern Reporter second series, page 589

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Unanimous Opinion

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When all judges or justices unanimously agree on an opinion, the opinion is written for the entire court.

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Majority Opinion

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When there is not a unanimous opinion, outlines the view supported by the majority of the judges or justices deciding the case.

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Concurring Opinion

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When a judge agrees, or concurs, with the majority decision, but for different reasons.

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Dissenting Opinion

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Presents the views of one or more judges who disagree with the majority's decision.

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Jurisdiction

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The authority of a court to hear and decide a specific case.

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Why is Jurisdiction Important

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Before any court can hear a case, it must have jurisdiction over the person or company against whom the suit is brought (the defendant) or over the property involved in the suit as well as the subject matter.

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What is Required for Jurisdiction

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Any person or business that resides in a certain geographic area.

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Jurisdiction Over a Person

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"in personam" jurisdiction

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Long Arm Statute

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A state statute that permits a state to obtain personal jurisdiction over nonresident defendants which must have "minimum contact" with that state for the statute to apply.

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Where Does a Corporation Have Residency?

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In the state in which it is incorporated, has its principal office, and is doing business.

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Jurisdiction Over Subject Matter

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Limitations on types of cases a court can hear.

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Original vs Appellate Jurisdiction

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Original courts are where the case was first heard, while Appellate courts review cases, or cases on appeal.

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Concurrent vs Exclusive Jurisdiction

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Concurrent is when cases can be hear in either federal and state courts while Exclusive is restricted to federal courts.

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Jurisdiction in Cyberspace

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Uses "Sliding Scale" standerd, three categories of contact: substantial business conducted over the internet - jurisdiction is proper; Some interactivity through a web site - jurisdiction may not be appropriate; Passive advertising - jurisdiction is improper.

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Venue

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The geographic district in which a legal action is tried and from which the jury is selected.

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Venue

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The geographic district in which a legal action is tried and from which the jury is selected.