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94 Cards in this Set

  • Front
  • Back
cause of action
claim against you, right to sue
person suing
person being sued
civil claim
rights between 2 parties
criminal claim
outlawing behaviors
complaint and summons
file with court, lays out cause of action, very basic (get served)
motion on pleadings
ask judge not to even put effort into it
share info with both sides
questions from one to other
verbal questioning
request for production
ask for documents
request for admission
"will you admit to this contract?"
summary judgement
-no genuine (material) question of fact
pre trial disclosures
gather all evidence
verdict/ ruling
motion for judgement not withstanding the verdict
judge overrule jury
motion for new trial
jury was wrong, trial not done right
request formal change to an official decision
criminal process
gov vs individual
first appearance
talk about bail/ bond
preliminary hearing/ grand jury
probably cause, determines if theres enough evidence to go to trial
very rare
voir dire
picking jury
direct examination
your witnesses
cross examination
defense questions
motion for directed verdict
civil case
motion for judgement of acquittal
what plaintiff wants
(civil mostly) injunction, order something to be stopped (no fence on your land)
court systems
state/ federal
trial court
where you start (district court)
where do you go after trial court
state appellate court
state appellate court
court of appeals, 3 judge panel
state trial court jurisdiction
limited to small claims
municipal courts
city regulation
county court
smaller misdemeanor crimes
juvinile courts
probate court
wills/ estates
general court
anything mostly
federal court jurisdiction
limited to tax and bankruptcy
writ of certiorari
the public can try to get federal court to listen to their case
apellate court
discretionary, if they even hear your appeal. no new facts or evidence or witnesses, only looks at record of appeal to see if there is an error
sources of american law
constitution, legislature, executive, courts, treatises
legislature source of american law
statute, uniform laws, create administrative agencies
executive source of american law
administration: create regulations, executive orders
courts source of american law
common law, case law, precident, stare decisis
how to solve case involving similar or identical facts
stare decisis
"to stand on decided cases"
common law doctrine
judges are obliged to follow the precidents established on prior decisions
agreement with foreign nations
marbury v madison
established judicial review. responsibility of courts to say what the law is. if 2 laws conflict the courts must decide on the operations of each.
judiciary act of 1801
adams appointed judges and created judicial review
long arm stature
minimum contacts aka divorce
in rem
"jurisdiction over the thing" aka property
federal questions
any case based on the constitution, a treaty, or a federal law
where to have the case
standing to sue: were you suffered harm?
roles of attorney
advisor, drafter, negotiator, advocate
attorney client relationship
attorney controls the mean of how to get end result
attorney client privilege
communication between is protected. privilege belongs to client, court may not order disclosure
price fixing
group of companies getting together to form one price on good
mark p case
neal killed 3 people. mark pretended to be public defender. real guy shows up and attorney reputation was broken
state law claims
diversity of citizenship. any controversy between citizens of different states and amount is >75k
alternatives to litigation
negotiation, mini trial, early neutral case evaluation, conciliation
informal discussions between parties to resolve disputes, generally without attorneys
mini trial
private proceeding where each party argues its case before the other side and vice versa. a neutral 3rd party may advise or encourage settlement
early neutral case evaluation
a party presents its case to a neutral 3rd party, usually an expert in the area, who evaluates the strengths and weaknesses of the case
neutral 3rd party assists the parties to reach a mutually acceptable agreement
advantages to mediation
informal, quicker, less bitter, mediator is selected by parties, confidential
disadvantages to mediation
no one decides but the parties, no deadlines, could fail and be expensive, free discovery
settling dispute by independent 3rd party who renders a decision, may or may not be legally binding
advantages to arbitration
more formal than mediation, less formal than litigation, there will always be decision, quick, sometimes cheaper than litigation
disadvantages to arbitration
unpredictable, may not know reasons for decision
grounds for cancelling an arbitration award
erroneous (no court would uphold), result of corruption, exhibited bias
executive agencies
cabinet and subagencies, president appoints and removes them
independent regulatory
offer is fixed term, removed for only just cause
legislative rules
just as binding as laws
notice of proposed rulemaking
say what rule is, why, where and when hearing will be held
comment period of legislative rule making
allow expression of views
final rule (legislative rule making)
binding as if legislation unless overturned by court
resolution of disputes by an agency
process of formal complaints
complaint, answer, hearing, order, appeal, final agency order, appeal to court, court order
commerce clause
constitutional authority to regulate business
all business dealings that affect more than one state
substantial effect rule
does activity substantially effect interstate commerce?
fundamental rights
anything in bill of rights, privacy
procedural due process
any governmental action to take away basic rights must be accompanied by a process to ensure fairness
substantive due process
focuses on the content of a law. if law limits a fundamental right it is unconstitutional unless it furthers a compelling or overriding state interest
equal protection
14th amendment: treat one similarly as others
equal protection tests
strict scrutiny, intermediate scrutiny, rational basis
strict scrutiny
fundamental right. is classification necessary to promote a compelling state interest and be narrowly tailored to further that interest
intermediate scrutiny
gender or legitimacy. is the classification substantially related to important governmental objectives
rational basis
economic issues. is the classification related to any legitimate rational governmental interest
central hudson test
law or regulation limiting lawful and truthful commercial speech will be deemed constitutional if the law:
-seeks to implement a substantial governmental interest
-directly advances that substantial governmental interest
-goes no further than to accomplish that objective