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68 Cards in this Set
- Front
- Back
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Formal legal system
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Formal rules (Constitutions, statutes, etc.)
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Ethics
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Not legal system, but rules generated by society and individuals
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What does law accomplish?
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*Maintain order/keep peace
provide justice (Prof: fariness) REinforce standard of conduct provides protection for compensation if wrong is committed against you maintain stability/certainty bring about orderly change in effective way provide for economic growth provide means of predictability protect/maintain environment |
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Authoritarian school
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"This is the law"
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Historical school
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Based on customs/habits/traditions (what we've done before)
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Natural law school
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There's a "natural" law that overrides everything else
(Assumption that laws are universal; Ex: murder) |
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American Legal Realism
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Law happens in practice, not just the book
EX: going 75 in a 70 so 75 is the real law What's ENFORCED not what the book says |
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Judicial activism established by...
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Warren Court
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Judicial activism
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Function of judiciary to bring about change if necessary
Ex: Topeka case (Board of education) separate but equal not constitutional |
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Criminal Law
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Violate an obligation you owe to society
Plantiff is state (IN Vs X, USA Vs x, etc.) |
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Civil Law
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All other that are not criminal
Ex: Victim sues for damage, Violation of contract, family matters, tort, etc. Pushed back because criminal cases have right to speedy trial |
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Procedural law
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Process of how legal action/charges are brought upon someone
Entitled to due process |
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Substantiative law
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Rule saying "I'm liable criminally and civilly if I bang a bottle over someone's head"
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Public law
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Criminal proceedings where state represents society
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Private law
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Involve private parties, not societies
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Remedies at law
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Financial compensation
Jury of peers |
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Remedies at equity
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Other than financial compensation
No jury of peers (Ex: divorce cases) |
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Remedy of specific performance
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Can't go out and get the same thing, so they must perform
Ex: Land, Picasso paintings Judge's decision |
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These are secular components
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Common law, civil law
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This component is based on religion
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Theocratic
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Common law
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US-Courts make the law
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Civil Law
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France, Germany, Italy, etc. - Code (written laws) and courts have no authority to creat laws
Apply already existin rules but can't make new ones |
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Theocratic
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Entire law comes from religion
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Statutes
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Actions of legislative body and approved by executive branch
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These are specific but written in broad language to cover different situations
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Statutes
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Plain meaning rule
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Statues may be worded/interpreted differentl in a different state-Not completely uniform
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State law
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Criminal, civil, tort acts
Differ by states, unlike federal law |
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Restatements of tort
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Books that look at major issues/cases and decide what tort of battery is-varies in some states and see trends based on previous cases/rulings
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Doctrine of Stare Decisis
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"Let It Be"
Rule of precedent-Once decision is made, it's binding on all future cases (in that state) with the same situations |
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Laws come from
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Constitution
Statutes (society's wishes) Common Law (Created by courts) |
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Secondary sources of laws
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Ordinances
Treaties NAFTA Executive orders Administrative regulations |
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Treaties
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National level = executive branch
Approved by legislative branch (Senate) |
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Executive orders
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Made by executive branches of all levels of government
Authorized by constitution or legislative act |
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This branch only meets part of the year
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Legislature
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Enabling act
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Create agency and empower it
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considered the 4th branch of government by some
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Administrative agencies
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Administrative agencies
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Handle day to day situations that require expertise and resolving problems within the system
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Examples of administrative agencies
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FEMA, FDIC, SEC, EPA, Department of Homeland Securities
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Moot
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No issue to be resolved
Ex: Filing a suit against a school for not accepting someone after they already graduated |
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To become a judge in federal court...
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Senate approval
Appointed by executive branch Appointed for life |
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Ways judges can be rid of
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Death
Impeachment Resignation |
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State system in Indiana nominates judges by...
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Voting for local judges
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Appeals court
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Appointed by governor for IN supreme court
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Bankruptcy filed at
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Federal level
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Purpose of small claims courts
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Small dollar amounts
No legal council required Relatively informal rules |
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Jurisdiction
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Power over your case and defendent
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Court must have jurisdiction over two things:
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Subject matter and person being sued
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Dollar amount for federal court
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75,000 (and diversity of citizenship)
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Two questions to ask when suing
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How good is the case?
What will I have if I win? |
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Judgment proof
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Person being sued doesn't have resources to pay
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Indiana allows you to exempt this much from your residency
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15,000 of equity
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Indiana property exemption number
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Up to 8000
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Garnishing wages
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25% of disposable income
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With tort and contract, you're referring to this type of court
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State court
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Counterclaim
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This may have happened, but this also happened (You sue me, but I'll sue you back)
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Pleadings of the party
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When each party makes their complaint and answer
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Discovery
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PArty enttitled to all relevant information
Ex: If you claim injury, you haev right to see doctor's documents |
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You don't need a unanimous jury in these cases
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Civil
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Court procedure
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Plantiff gives opening statement
Each side presents witnesses Question witnesses Cross examine Closing statements Instructions to jury by judge |
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Reverse and remand
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Reverse decision and send it back to lower courts
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3 options once settled
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Reverse and remand
Reverse Affirm |
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Alternate dispute resolutions
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Ways to resolve dispute without litigation
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Arbitration
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3rd party has authority to resolve the case
Decides on one or the other |
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Mediation
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3rd party helps parties compromise
3rd party has no final say just helps (Ex: divorces) |
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Commerce clause
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Most widely used provision in the US
Gives federal government the power to regulate |
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Bill of Rights
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First 10 amendments to Constitution
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Only amendment not applicable to corporations
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5th
Right to remain silent |
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Taking clause
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Government can seek property for the good of the public
Government has to compensate for present (not future) value |
