Legal Analysis & Writing, Putman, Ch 1

Front 1

laws

Back 1

the enforceable rules that govern individual & group conduct in a society

Front 2

What 3 things are established by the law?

Back 2

1. standards of conduct
2. procedures governing standards of conduct
3. remedies when standards aren't adhered to

Front 3

What are the 2 broad categories of law

Back 3

1. Enacted
2. Common/Case

Front 4

What is enacted law?

Back 4

The body of law enacted by the people or legislative bodies, including

Front 5

What are the 3 kinds of enacted law?

Back 5

1. constitutions
2. statutes, ordinances--passed by legislative bodies
3. regulations--actions of administrative that have the force of law

Front 6

What 3 things does a constitution do?

Back 6

1. establishes govt. operational structure
2. defines powers of govt.
3. guarantees people's fundamental rights

Front 7

What is a statute?

Back 7

Any law passed by a legislative body: federal, state or local. Also called acts, codes, ordinances (the last is usually local govt.).

Front 8

What is administrative law?

Back 8

Rules and regulations established by administrative agencies authorized by a legislative body to carry out the intent of a statute. Usu much more specific than statutes.

Front 9

What is common/case/judge-made law?

Back 9

The body of law created by courts.

Front 10

What is common/case/judge-made law composed of?

Back 10

Composed of the general legal rules, doctrines & principles adopted by courts when interpreting existing law or when creating law in the absence of controlling enacted law.

Front 11

What is a decision?

Back 11

The result reached by a court when adjudicating a dispute

Front 12

What is an opinion?

Back 12

A written decision stating decision and reasons for it

Front 13

What is jurisdiction?

Back 13

A court's authority to hear and decide a specific dispute

Front 14

What are the 2 kinds of jurisdiction?

Back 14

1. over persons by geographical area--personal jurisdiction
2. over subject matter by types of cases
Subj matter can be general or specific

Front 15

What are the two parallel systems of courts and legislative bodies?

Back 15

State and Federal

Front 16

What are the 3 basic levels of courts?

Back 16

1. Trial courts
2. Appeals courts
3. Supreme court

Front 17

What happens in a trial court?

Back 17

Testimony is heard, evidence presented and a decision is made

Front 18

What happens in a court of appeals?

Back 18

Review of the decision of a lower court to correct errors. Does not hear new testimony or examine new evidence. But may order a new trial or reverse a decision based on existing evidence.

Front 19

What does the Supreme Court do?

Back 19

It is the final court of appeals. Does not have to accept all cases put before it.

Front 20

What comprises the Pennsylvania court system?

Back 20

1. Municipal courts (Philadelphia or Pittsburgh) or Magisterial courts
2. Common Pleas Courts
3. Superior Court/Commonwealth Court
4. Supreme Court

Front 21

What is handled in Philadelphia at the Municipal/Traffic court level?

Back 21

Traffic matters in Traffic court.
In Municipal, less serious non-jury criminal/civil trials, bail matters, decisions re whether more serious trials should go to Common Pleas.

Front 22

What is handled at the Common Pleas level?

Back 22

Major criminal and civil cases
All matters concerning families & children
Appeals from lower courts

Front 23

What is handled in the Superior Court?

Back 23

Appeals from Common Pleas courts for
1 all criminal and most civil cases
2. cases involving children & families

Front 24

What is handled in the Commonwealth Court?

Back 24

1 Original civil cases brought by and against the Commonwealth.
2 Appeals from decisions made by state agencies and Common Pleas level involving the Commonwealth & local agencies

Front 25

What is precedent?

Back 25

an earlier court decision on an issue that applies to govern or guide a subsequent court in its determination of an identical or similar issue based on identical or similar facts

Front 26

What is stare decisis? (stair--ee dee-seye-sis)

Back 26

a doctrine that requires a court to follow precedent set by that court or a higher one. HOWEVER, does not apply if there is good reason not to follow it.

Front 27

What is the hierarchy of legal authority?

Back 27

Federal trumps State, then within each
1. Constitution
2. Enacted law (legislative & administrative)
3. Common/case law

Front 28

What is authority and what does it include?

Back 28

Anything a court may rely on in making a decision, including the law such as consituttion & statutes and nonlaw sources, such as legal encyclopedias & treatises.

Front 29

What are the 2 types of authority?

Back 29

primary--the law (all kinds)
secondary--legal encyclopedias & treatises

Front 30

What 2 roles can authority play?

Back 30

mandatory--the court must follow when making a decision
persuasive--the court may rely on and follow, but does not necessarily

Front 31

What are the three steps to take when deciding whether or not enacted law has mandatory authority?

Back 31

1. ID all possible laws (fed & state) that may govern
2. ID the elements of the laws
3. Apply the facts of the case to the elements of the laws

Front 32

Under what conditions is common/case law mandatory?

Back 32

1. The court opinion must be on point
2. The court opinion must be written by a higher court in the same jurisdiction

Front 33

Can a situation be governed by federal and state law at the same time?

Back 33

Yes. A situation can be governed by either federal or state or both.