Legal Enviroment Chp. 1-4

Front 1

What makes up common law?

Back 1

the accumulation of precedent, based on case after case

Front 2

define statutes

Back 2

a law passed by a legislative body

Front 3

define writ

Back 3

a letter from the central government ordering a court to hear a case

Front 4

What do substantive rules state?

Back 4

the rights of parties

Front 5

What do procedural rules state?

Back 5

how a court should go about settling disputes

Front 6

What three basic things does the Federal Constitution establish?

Back 6

It establishes the national government of the US and it's three branches, is ensures that the states retain all power not given to the national government, and it guarantees many basic rights to the American people.

Front 7

define stare decisis

Back 7

means "let the decision stand," the principle that precedent is binding on later cases

Front 8

name the sources of contemporary law

Back 8

US Constitution, state constitutions, statues, common law, administrative law, treaties, and executive orders

Front 9

What is the difference between criminal and civil law?

Back 9

Criminal law concerns the behavior so threatening that society outlaws it altogether. Civil law regulates the rights and duties between parties.

Front 10

What is the difference between substantive and procedural law?

Back 10

Substantive law defines the rights of people and procedural law establishes the processes for settling disputes.

Front 11

What is the difference between public and private law?

Back 11

Public law is the rights and obligations of governments as they deal with the nation's citizens. Private law regulates the duties between individuals.

Front 12

define jurisprudence

Back 12

study of the purposes and philosophies of the law, as opposed to particular provisions of the law

Front 13

define sovereign

Back 13

the recognized political power whom citizens obey (in the US, the state and federal governments)

Front 14

What did St. Thomas Aquinas argue about law?

Back 14

That an unjust law is no law at all and doesn't need to be obeyed. It's not enough that the sovereign made it.

Front 15

What are the three schools of jurisprudence and what do they argue?

Back 15

Legal positivism says that law is what the sovereign says. Natural law says that an unjust law is no law at all. Legal realism says that who enforces the law counts more than what is in writing.

Front 16

define plaintiff

Back 16

the person who is suing

Front 17

define defendant

Back 17

the person/organization being sued

Front 18

define ethics

Back 18

the study of how people ought to act

Front 19

name the steps in the ethics checklist

Back 19

what are the facts, what are the critical facts, who are the stakeholders, what are the alternatives, what are the ethical implications of them, is it legal, does it violate the golden rule, is more that one alternative right

Front 20

Who are stakeholders?

Back 20

all the people potentially affected by the decision

Front 21

What is utilitarianism and who created it?

Back 21

Jeremy Bentham and John Stuart Mill argued that all decisions should be evaluated according to how much happiness they create

Front 22

What is the Golden rule?

Back 22

Do unto others as you would have them do unto you

Front 23

Who was Immanuel Kant and what did he think?

Back 23

He was an 18th century German philosopher who created categorical imperative.

Front 24

Define categorical imperative

Back 24

you should not do something unless you would be willing for everyone else to do it too (not just to you)

Front 25

Name three reasons the business environment should be concerned about ethics.

Back 25

Society as a whole benefits from ethical behavior, people feel better when they behave ethically, and unethical behavior can be very costly.

Front 26

define litagator

Back 26

lawyer who handles court cases

Front 27

define litigation

Back 27

lawsuits, or the process of filing claims in court, and ultimately going to trial

Front 28

define alternative dispute resolution

Back 28

ADR; any other formal or informal process used to settle disputes without resorting to a trial

Front 29

define mediation

Back 29

a neutral person called a mediator attempts to coax two disputing parties toward a voluntary settlement

Front 30

define arbitration

Back 30

the parties agree to bring in a neutral third party and the arbitrator has the power to impose an award

Front 31

define mandatory arbitration

Back 31

parties agree in advance to arbitrate any disputes that may arise

Front 32

What do trial courts do?

Back 32

determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions

Front 33

define juristdiction

Back 33

refers to a court's power to hear a case

Front 34

What do appellate courts do?

Back 34

They generally accept the facts given to them by trial courts and review the trial record to see if the court has made any errors; they have 3 or more judges and never have a jury

Front 35

define appellant

Back 35

the party filing the appeal

Front 36

define appelle

Back 36

the party opposing the appeal (because they won at trial)

Front 37

define brief

Back 37

written arguments on the case

Front 38

define reversed

Back 38

nullified, appellant's side that the judge of the trail court made serious errors of law

Front 39

define affirmed

Back 39

permitted to stand, appellee's side that they trial court acted correctly

Front 40

What is a federal question case?

Back 40

a claim based on the US constitution, a federal statue, or a federal treaty

Front 41

When do federal courts have diversity jurisdiction?

Back 41

when (1) the plaintiff and defendant are citizens of different states and (2)the amount in dispute exceeds $75,000

Front 42

define writ of certiorari

Back 42

a writ filed by a party who wants the Supreme Court to review a lower court ruling on a case

Front 43

define pleading

Back 43

document that beings a lawsuit

Front 44

define complaint

Back 44

a short, plain statement of the facts that the plaintiff alleges and the legal claims that the plaintiff is making

Front 45

define answer

Back 45

filed by the defendant, a brief reply to each of the allegations in the complaint

Front 46

define default judgment

Back 46

if the defendant fails to answer in time; the decision that the plaintiff wins without a trial

Front 47

define counter-claim

Back 47

a second lawsuit by the defendant against the plaintiff, along with they answer

Front 48

define reply

Back 48

an answer to a counter-claim

Front 49

define class actions

Back 49

a method of litigating a civil lawsuit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group or people with similar claims against a common opponent

Front 50

define motion

Back 50

a formal request to the court that they court take some step or issue some order

Front 51

define motion to dismiss

Back 51

a request that the court terminate a case without permitting it to go further

Front 52

define discovery

Back 52

a stage in litigation, after all pleadings have been served, in which each party seeks as much relevant info as possible about the opposing party's case

Front 53

define motion for a protective order

Back 53

request that the court limit discovery of the other party by decreasing the number of depositions

Front 54

define deposition

Back 54

one party's lawyer to question the other party, or potential witness, under oath

Front 55

define motion to compel answers to interrogatories

Back 55

a formal request that the court order the other party to supply more complete answers

Front 56

define memorandum

Back 56

a supporting argument that is submitted with a motion

Front 57

define in camera inspection

Back 57

the judge review the requested documents alone, with no lawyers present, and decides whether the other side is entitled to view them

Front 58

define summary judgment

Back 58

a ruling by the court that no trial is necessary becuase there are no essential facts in dispute

Front 59

define voir dire

Back 59

"to speak the truth" the process of selecting a jury. attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair and impartial verdict.

Front 60

define challenges for cause

Back 60

an attorney's request, during voir dire, to excuse a prospective juror becuase of apparent bias

Front 61

define peremptory challenges

Back 61

during vior dire, a request by one attorney that a prospective juror be excused for an unstated reason

Front 62

What is preponderance of the evidence and what role does it play in a civil lawsuit?

Back 62

It is the plaintiff's burden to convince the jury that its version of the facts is at least slightly more likely than the defendant's version

Front 63

How much proof must be present in a criminal case?

Back 63

The prosecution must demonstrate beyond a reasonable doubt that hey defendant is guilty.

Front 64

define direct examination

Back 64

when a lawyers asks questions of her own witness

Front 65

define cross-examine

Back 65

when a lawyer examines the opposing witness

Front 66

What are the Rules of Evidence?

Back 66

Law governing the proof offered during a trail or formal hearing. These rules limit the questions that may be asked of witnesses and the introduction of physical objects.

Front 67

define directed verdict

Back 67

a ruling that the plaintiff has entirely failed to prove some aspect of their case

Front 68

define judgment non obstante verdicto

Back 68

JNOV "judgment notwithstanding the verdict" a trial judge overturns the verdict of the jury and enters a judgment in favor of the opposing party

Front 69

define precedent

Back 69

an earlier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case

Front 70

define affirm

Back 70

a decision by an appellate court to uphold the judgment of a lower court

Front 71

define modify

Back 71

an appellate court order changing a lower court ruling

Front 72

define reverse

Back 72

the power of an appellate court to overrule a lower court and grant judgment for the party that had lost in the lower court

Front 73

define reverse and remand

Back 73

nullifying the lower court's decision and returning the case to the lower court for a new trail

Front 74

What are the important forms of discovery?

Back 74

interrogatories, depositions, production of documents and objects, physical and mental examinations, and requests for admission

Front 75

define common law

Back 75

judge-made law, that is, the body of all decisions made by appellate courts over the years

Front 76

define bill

Back 76

a proposed statute that has been submitted for consideration to Congress or a state legislature

Front 77

Why are bills proposed?

Back 77

new issues and new worries, unpopular judicial rulings, and changes to criminal law

Front 78

What are the three steps in a court interpreting statues?

Back 78

Plain meaning rule (applying statues ordinary words), legislative history and intent (court will look at the law's history to determine the intent of the legislature), and then public policy (courts rely on general public policies)

Front 79

define enabling legislation

Back 79

a statute authorizing the creation of a new administrative agency and specifying its powers and duties

Front 80

define promulgate

Back 80

to issue a new rule

Front 81

define subpoenas

Back 81

an order to appear at a particular time and place to provide evidence

Front 82

define subpoena duces tecum

Back 82

requires the person to appear and bring specified documents

Front 83

define adjudicate

Back 83

to hold a formal hearing in a disputed matter and issue an official decision

Front 84

define administrative law judge

Back 84

ALJ in an adjudicate hearing, one who is employed by the agency but is expected to be impartial in his or her hearings

Front 85

define de novo decision

Back 85

the power of an appellate court or appellate agency to make a new decision in a matter under appeal, entirely ignoring th findings and conclusions of the lower court or agency official

Front 86

What are the limitations on the power of federal agencies?

Back 86

Statutory control in the enabling legislation and the APA, political control by Congress and the president, judicial review and the informational control created by the Freedom of Information Act and the Privacy Act