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38 Cards in this Set
- Front
- Back
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Who can tell me what the first law school in the United States was? |
The College of William and Mary, Started by Thomas Jefferson. 1776 Started by thomas Jefferson George White started the law school. |
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Four features of Law |
Law is a body of rules. Rules are enacted by public officials or gov. Laws must be enacted by officials in a legitimate way. law is backed by the force of the states, no law without sanctions. |
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Judicial independence |
is the concept that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. |
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Federal Court |
The term 'federal court', when used by itself, can refer to: ∙ Any court of the national government in a country that has a federal system such as that of the United States (United States federal courts) or Mexico or to a particular federal court, such as the United States district courts. ∙ In some countries, a particular court, for example, the federal court of Canada, the federal court of Australia or the federal court of Justice of Germany. ' |
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Article III |
federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United States, or treaties to which the United States is a party. Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful. |
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Federalist |
an advocate or supporter of federalism. Federalism is one of the most important and innovative concepts in the U.S. Constitution, although the word never appears there. Federalism is the sharing of power between national and state governments. In America, the states existed first, and they struggled to create a national government. |
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Anti-Federalist |
Anti-Federalism refers to a movement that opposed the creation of a stronger U.S. federal government and which later opposed the ratification of the Constitution of 1788. The previous constitution, called the Articles of Confederation, gave state governments more authority. Led by Patrick Henry of Virginia, Anti-Federalists worried, among other things, that the position of president, then a novelty, might evolve into a monarchy. |
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Riding the circuit |
Riding circuit (or being a circuit rider) is a term in the United States for a professional who travels a regular circuit of locations to provide services. Thus, the term "circuit court" is derived from the practice of having judges ride around the countryside each year on pre-set paths − circuits − to hear cases. Especially on the United States frontier, a judge might travel on horseback along with a group of lawyers. Abraham Lincoln was one such attorney who would ride the circuit in Illinois. In more settled areas, a stagecoach would be used. Eventually the legal caseload in a county would become great enough to warrant the establishment of a local judiciary. Most of these local judicial circuits (that is, in terms of the actual routes traveled by judges) have been thus replaced by judges regularly stationed at local courthouses, but in many areas the legacy term remains in usage. |
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The Judiciary Act of 1891 (26 Stat. 826), |
also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. Because of this, it is also called the Circuit Courts of Appeals Act. The Act created nine new courts, originally known as the "United States circuit courts of appeals" (the name was changed to its current form in 1948). Each court was composed of two circuit judges and one district judge. The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review legal issues that a court of appeals certified to it, and could also review court of appeals decisions by writ of certiorari. This change resulted in an immediate reduction in the Supreme Court's workload (from 623 cases filed in 1890 to 379 in 1891 and 275 in 1892). However, Congress provided that some types of cases could be appealed directly to the Supreme Court, bypassing the new courts of appeals. The Act also eliminated the requirement of "circuit riding" by Supreme Court justices, under which the justices sat as trial judges on the U.S. circuit courts. The circuit courts themselves remained in existence, although without their former appellate jurisdiction, until they were abolished and their trial jurisdiction transferred to the district courts by the Judicial Code of 1911. |
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The three things about common law are that they are... |
Unwritten, precedent based, Judge made. Precedent means an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. |
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Doomsday book |
Created by William the Conqueror who was Duke of Normandy, to figure out what properties were actually underneath him. Took 20 years to make. |
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Reve of the shire |
Sheriff. A reve of the shire was the equivalent of today's Sheriff.A Reve was the appointed official, by the Lord of that SHIRE/County, who carried out the law of the Lord and in some cases, of the realm.Shire Reve = Sheriff. |
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Riding the circuit |
is traveling around. |
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Laws that came from law are
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common and equity law. |
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Common Law |
Common law, is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A 'common law system' is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called 'common law' and it binds future decisions. |
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Equity law |
In jurisdictions following the English common law, equity is the set of maxims that "reign over all the law" and "from which flow all civil laws". The Chancery, the office of equity, was the "office that issued the writs that were the foundation of the common law system
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Statutory law |
written, not judge made, determined by legislature. |
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Statutory law |
Statutory law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary in a typical democracy/republic) or by a legislator (in the case of an absolute monarchy). Statutes may originate with national, state legislatures or local municipalities. Statutes of lower jurisdictions are subordinate to the law of higher. |
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It’s not constitutional that you have a jury of your peers, it's |
fellow citizens |
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A statute was adopted from... |
Common Law |
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3 reasons why common law succeeded |
Evolve and change, so as the country evolved and grow so could the common law. It’s practical. People Obeyed it, moral obligation to follow it. |
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Who interprets the law? |
Interpreters of the law were the lawyers and the judges. |
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What is a principal found in equity and not common law.
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Clean hands doctrine, cannot have done something to cause or contributed to problem. Equitable solution. |
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Clean hands doctrine |
a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. His/her activities not involved in the legal action can be abominable because they are considered irrelevant. As an affirmative defense (positive response) a defendant might claim the plaintiff (party suing him/her) has a "lack of clean hands" or "violates the clean hands doctrine" because the plaintiff has misled the defendant or has done something wrong regarding the matter under considerationRead more: http://dictionary.law.com/Default.aspx?selected=211#ixzz3nAM25Ogz |
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Bench Trial who makes decision? |
JUDGE |
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Equity |
n. 1) a venerable group of rights and procedures to provide fairness, unhampered by the narrow strictures of the old common law or other technical requirements of the law. In essence courts do the fair thing by court orders such as correction of property lines, taking possession of assets, imposing a lien, dividing assets, or injunctive relief (ordering a person to do something) to prevent irreparable damage. The rules of equity arose in England where the strict limitations of common law would not solve all problems, so the King set up courts of chancery (equity) to provide remedies through the royal power. Most eastern states had courts of equity or chancery separate from courts of law, and others had parallel systems of law and equity with different procedural rules. Now most states combine law and equity and treat both under "one cause of action." 2) the net value of real property, determined by subtracting the amount of unpaid debts secured by (against) the property from the appraised value of the property.Read more: http://dictionary.law.com/Default.aspx?selected=646#ixzz3nAMS1ep2 |
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Initial document beginning a civil lawsuit is called a |
complaint |
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when a complaint is served to individual being sued it's accompanied by a |
summons. |
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Information is |
charging document in a criminal case. |
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Jury pull |
-all the jurors summoned. big group |
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Jury venire |
-Jury that is sent up to be potential jurors for a case. |
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12 Jurors for |
capital murder case. |
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six jurors for |
Any other Jury, Misdemeanor, civil, felony,etc |
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Peremptory strike |
- each side of a run in the mill case, like, non capital, each side gets 3. You don’t have to give a reason, but basically it’s like I don’t want that dude on the jury. |
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Voir dire- |
questioning of the jury panel during the process of selection. |
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Stery dicisus (bad spelling on my part, my bad) is- |
Let the decision stand. |
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Discovery phase is when |
both sides find out everything about the other persons case. |
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precedent |
. a prior reported opinion of an appeals court which establishes the legal rule (authority) in the future on the same legal question decided in the prior judgment. Thus, "the rule in Fishbeck v. Gladfelter is precedent for the issue before the court in this case." The doctrine that a lower court must follow a precedent is called stare decisis 2) adj. before, as in the term "condition precedent," which is a situation which must exist before a party to a contract has to perform.Read more: http://dictionary.law.com/Default.aspx?selected=1573#ixzz3nAZD4KqT |
