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56 Cards in this Set
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- Back
- 3rd side (hint)
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stare decisis |
"stand by things decided" cited when an issue has previously been brought to court and a ruling was already issued |
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Judicial Decisions |
decision issued by federal court explaining legal reasoning used in deciding judgment stare decisis - adherence to precedent |
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Mens Rea |
"guilty mind" |
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Limited-jurisdiction trial court |
- State court - Also called inferior trial court - hears matters of a specialized or limited nature - decisions can be appealed - Examples - small claims court (<$5,000), traffic court, family court |
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General-jurisdiction trial court |
- State court - Also, court of record - hears cases of a general nature, not within jurisdiction of limited-jurisdiction trial courts - decisions can be appealed - Cases involving >$5,000 |
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Intermediate appellate courts |
- State courts - also called court of appeals - hears appeals from trial courts, reviews trial court record to determine any errors requiring reversal or modification - no new evidence or testimony is permitted |
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Highest state court/state supreme court |
- state court - obviously - hears appeals from intermediate appellate state courts and sometimes trial courts - decisions are final unless question of law is involved that is appealable to US Supreme court - no jury
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US constitution - article 3 provides that... |
- federal government judicial power is vested in the supreme court - allows Congress to establish inferior federal courts (court of appeals, district courts) |
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"Special federal courts" |
- established by Congress and have limited jurisdiction - tax court, bankruptcy court... |
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US District courts |
- federal court - Federal version of general jurisdiction trial courts - 94 district courts - 1/state, Washington DC, and heavily populated areas have 1+ - The area each court serves is called a district |
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US court of appeals |
- federal court - Federal version of intermediate appellate courts - 13 circuits - 1-11 are geographical, 12 is district of Columbia, 13 is us court of appeals for the federal circuit - 13th - special appellate jurisdiction to review decisions of the court of federal claims, patent & trademark office, court of international trade - provides uniformity in application of federal law |
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en banc |
- Court hears appeal from district courts - usually panel of 3 judges - After they made decision, petitioner can request en banc review -the case will be heard before all the judges of the court - the entire bench, not selected panel |
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most cases that go to supreme court involve... |
- interpretation of constitution - interpretation/constitutionality of statutes adopted by congress/states - conflicts among districts - national problems requiring national attention |
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Petition for certiorari |
- "to be more fully informed" - how a case gets to the supreme court. - petition asking court to hear case - If they want to hear they will grant writ of certiorari |
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Two types of federal jurisdiction |
federal question and diversity of citizenship |
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federal question |
the plaintiff alleges violation of US constitution, federal law (statutes and regulations), treaties Securities exchange act - federal statute - violated by an inside trader |
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diversity of citizenship |
- bring lawsuit to federal court, that doesn't involve a federal question - citizens of different states, or citizen of a state and citizen of a foreign country - must apply the states' laws - jurisdiction given to federal courts to avoid state court bias - federal courts have exclusive jurisdiction to hear cases involving federal crimes 0-75000 must be heard in state court 75000+ federal court |
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Personal jurisdiction/in personam jurisdiction |
- filing lawsuit gives personal jurisdiction of the plaintiff to the court - defendant also has to be in jurisdiction - usually through service of process |
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"doing business" |
- business has jurisdiction in state of incorporation or where they are doing business. - to be 'doing business' they must have minimum contacts or some connections to the state - targeting with ads, emails, or good percentages of sales in state |
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14th amendment |
- due process of law |
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long arm statute |
- statute extending a states jurisdiction to nonresidents - nonresidents who have committed torts within state, entered into a contract with a resident or that affects the state and breached the contract - anyone who comes to the state, they have personal jurisdiction over * physical presence |
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venue |
lawsuits to be heard by court with jurisdiction nearest the location in which the incident occurred, or where parties reside - so witnesses and evidence are available |
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subject matter jurisdiction |
- is this the right court for this issue? parking ticket? go to traffic court - states can't hear federal cases - pa state courts have subject matter jurisdiction over all state laws |
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Form selection clause |
- contract provision that designates a certain court to hear any dispute concerning non-performance of the contract - enforceable - carnival cruise case |
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choice of law clause |
designates a certain states or countries law that will be applied in any dispute |
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dictim |
"something said" - statement of the judges opinion in the decision of the case. Not binding |
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value of holding |
- legal principle derived from judicial decision - the part of the written opinion of a court where the law is specifically applied to the facts of the case - |
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requirements for a lawsuit |
Justiciability and standing to sue |
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contract of adhesion |
contract drafted by powerful party, 'weaker' party has to agree to everything or nothing - no negotiating |
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lex loci delecti |
"law of the place where the contract/tort occurred Conflict occurs in maryland, but live in DE - have to follow maryland law MD court applying NJ laws that are conflicting to MD laws - but they must follow NJ laws. Constitution full faith and credit must recognize laws of other states |
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US legal process |
- case starts with a disagreement - does plaintiff have a claim? - what court has subject matter jurisdiction? - does court have personal jurisdiction over parties? - case is stated in complaint and summons - defendant has to answer * possible motion to dismiss and case doesn't move forward - trial - judgment and appeals |
9 steps |
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forum/"fora" |
meeting for discussing a subject - litigation |
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De navo |
"anew" - decision in small claims court may be appealed to trial court, which may try the case again |
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pre-trial litigation process |
pleadings discovery pre-trial motions settlement conference |
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pleadings |
paperwork filed with the court to initiate and respond to a lawsuit - complaint and answer |
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default judgment |
When a defendant is given a complaint, and he doesn't answer a default judgment is filed against them |
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discovery |
- each party engages in activities to discover facts of the case prior to trial - collect information about the case - depositions, interrogatories, production of documents, mental/physical exam |
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pre trial motions |
motion for judgment on the pleadings and motion for summary judgment |
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motion for summary judgment |
there are no factual disputes to be decided judge can apply proper law to decide case quickly definite and obvious facts, judge can charge without question |
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voir dire |
"to speak the truth" - judge and attorneys ask perspective jurors questions to determine if they are biased remittitur - judge can reduce $$ awarded if jurors were biased or emotional |
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Two functions/results of the US constitution |
1. three branches of federal government and allocates power to each of them. 2. Protect individual's rights by limited government ability to restrict rights |
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Commerce clause |
Us constitution clause granting Congress the power to regulate commerce with foreign nations and among the several states and grants the federal government the right to regulate interstate commerce |
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Tort |
"a wrong" intentional, unintentional, and strict liability not a tort if you can receive damages |
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Punitive damages |
Intentional torts only punish defendant and set example outrageous acts, "beyond the scope of reason" have to show recklessness |
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Assault |
THREAT of immediate harm or offensive contact verbal threat that leaves a reasonable person frightened physical contact is unnecessary |
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Battery |
Unauthorized, harmful, offensive, direct or indirect PHYSICAL contact with another person that causes injury. Can be very mild has to be intentional |
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Defamation of character |
false statements made by one person about another. Libel - false statement in writing or other fixed medium Slander - oral defamation of character The trust is absolute defense Disparagement is the same thing but about competitors products, services, business reputation Have to have known the statement was false |
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Unintentional torts/ negligence |
you are liable for harm that is a foreseeable consequence of your actions negligence - doing something which a reasonable man would not do must prove defendant owed plaintiff a duty of care duty was breached plaintiff was injured defendants negligent act was cause of injury negligent act was immediate cause of injury |
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breach of duty of care |
failure to exercise care or to act as a reasonable person would even if defendant breached duty oof care owed, it is not actionable unless plaintiff suffered injury |
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Actual cause vs. proximate cause |
actual cause: actual cause of negligence. not liable unless it can be proven. "If the defendant didn't do this act, would the accident have happened?" If it is the actual cause, there is causation in fact proximate cause: point along chain of vents caused by negligent act, after which he is no longer reasonably responsible for damages. Liable for reasonably foreseeable results (dropping lit cig and lighting house , two houses on fire) not liable if it is not foreseeable (burning down a whole neighborhood) |
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negligence per se |
violation of statute/ordinance constitutes breach of duty of care. The plaintiff must prove - statute existed - must fix damaged sidewalks - statute was enacted to prevent the type o injury suffered - prevent people from tripping and falling on broken pieces of concrete) - plaintiff was within a class of people mean to be protected by statute - all members of the neighborhood must fix sidewalk so none of them will trip and hurt themselves |
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res ipsa loquitur |
"speaks for itself" if no way to tell which person caused negligent act - any defendant who can prove it wasn't him who caused injury escapes liability. If they can't prove it wasn't them, they are liable. Burden switches to the defendant to prove not guilty |
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good Samaritan laws |
relieves medical professionals from liability for ordinary negligence when they stop and render aid to a victim in an emergency situation. Might accidentally break a bone while giving CPR they are protected. Generally only doctors nurses and those certified in CPR |
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defenses against negligence |
superceding /intervening event assumption of risk strict liability |
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Superseding / intervening event |
event for which defendant is NOT liable negligence = foreseeable events causing injury - hitting someone with a golf ball and they're injured and knocked out - you are liable If while passed out, they get struck by lightening you are not liable |
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strict liability |
you are held liable for injuries caused even if you weren't negligent imposed for abnormally dangerous activities that can cause harm keeping dangerous pets - you know a lion will eat someone. know matter how careful you are, you are liable if it injures someone dog has never bitten anyone but bites little girl you are liable for injuries even though you weren't negligent |
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