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45 Cards in this Set

  • Front
  • Back

Name the 4 Primary Sources of Law

1. Constitutions

2. Statues

3. Regulations

4. Common Law

Define Constitutions

These are the supreme expressions of the law at both the federal and statelevels of government. All other law is subordinate to federal constitutional law. Among other things, constitutions prescribe the general structure of governments and provide protection for individual rights.

Define Statues

These are written laws that are adopted by legislative bodies, particularly congressand the state legislatures. City councils enact statutes that usually are called ordinances. Legislators and the statutes they enact shape the policy direction of US law.

Define Regulations

Administrative agencies include such bodies as the FTC and the SEC at the federallevel, and a Public Service Commission (for utility regulation) and a Human Rights Commission (to address discrimination problems) at the state level. These agencies have a specialized expertise to carry out much of the day-to-day business of the government. They also produce and oversee regulations that add the details needed to implement the broader mandates provided by the federal statutes.

Define Common Law (Cases)

Stare decisis means to let the decision stand, it affords stability andpredictability to the law. That is, judges endeavor to follow the precedents established by previous decisions. Following precedent, however, is not mandatory. As societal beliefs and practices change, judges are called on to not only interpret precedent, but to create new law as cases reflecting these changes are brought.

Name the Elements of a Case Brief

1. Parties

2. Facts

3. Procedure

4. Issue

5. Holding

6. Reasoning

Define Parties (in relation to Case Brief)

Identify plaintiff and defendant at trial level. Identify appellant and appellee at theappeals level.

Define Facts (in relation to Case Brief)

Summarize facts critical to the outcome of the case

Define Procedure (in relation to Case Brief)

Method in which the case reached the court. Identify who won in the lowercourt(s)

Define Issue (in relation to Case Brief)

Note the central question(s) on which the case turns

Define Holding (in relation to Case Brief)

How did the court resolve the issue(s)? Who won?

Define Reasoning (in relation to Case Brief)

Explain the logic that supported the court’s decision

What are the 7 Classifications of Law?

1. Substantive laws

2. Procedural law

3. Law and equity

4. Public law

5. Private law

6. Civil law

7. Criminal law

What are Substantive laws?

Laws which create, define, and regulate legal rights and obligations. Example - CivilRights Act, 1964.

What are procedural laws?

Laws which embraces the systems and methods available to enforce the rights specified insubstantive law.

What is Law and Equity?

Courts of law and courts of equity. Practiced in England, adopted by the UnitedStates. Actions at law and equity are heard in the same court today.

What is public law?

Laws which deal with the relationship between government and the citizens.Consists of constitutional, criminal, and administrative law.

What is civil law?

Laws which addresses the legal rights and duties arising among individuals, organizations, andgovernments

What are the 3 types of crimes?

1. Felonies

2. Misdemeanors

3. Treason

Define Felonies

Murder, rape, and robbery

Define Misdemeanors

Petty theft, disorderly conduct, and traffic offenses

Define Treason

Special situation in which one: Levies war against the United States. Gives aid andcomfort to its enemies

How do you reach the Supreme Court of the United States?

Through the state supreme court, the Us courtof appeals, or the Us court of appeals for the federal circuit.

What are the elements of crime?

Wrongful act or omission (actus reus) + Evil intent (mens rea)

What is the criminal procedure for misdemeanor cases?

Filing of information - Formal expression of the charges filed byprosecutors

What is the criminal procedure for felony cases?

Prosecutors file information or seek indictment. Individual is brought before thecourt for arraignment. Person goes to trial if he or she pleads not guilty. Guilt must be established beyond a reasonable doubt. Defendant can: Seek a new trial or appeal errors in the prosecution if found guilty. Invoke doctrine of double jeopardy if found innocent

What makes up the federal court system?

1. District courts

2. Court of appeals

3. Supreme court

What is a criticism of the Supreme Court?

Supreme Court is accused of being friendly to business interests and free marketvalues.

What are ideological rulings?

Americans believe that Supreme Court decisions are influenced by politicalviews. Declining respect for Supreme Court rulings undermine rule of law and threaten democracy

Define Jurisdiction

A court with the necessary power and authority to hear a dispute. In order to haveyour case heard you must have the right court jurisdiction.

Define Subject-matter juristiction

Imposes limits on the classes of cases a court may hear.

Define Federal question jurisdiction

Plaintiff’s claim should be based on the U.S. Constitution, atreaty, or federal statute.

(Federal and state courts have concurrent jurisdiction for some federal questions)

Define Concurrent Jurisdiction

Is when two or more courts from different systems have jurisdiction.

Define Diversity jurisdiction

Federal district courts hear cases involving more than $75,000 whereplaintiff and defendant are citizens of different states

Define Personal jurisdiction

Judicial authority over a person (personam jurisdiction).

What are ways to establish state court jurisdiction?

1 )Resident of the state may be served a summons.

2) Personally serve a summons for a non-resident when he or she is physically present in a state.

3) Long-arm statutesState courts can acquire jurisdiction via in rem action, this is where the defendant may be a nonresident, but his or her property, which must be the subject of the suit, must be located within the state.

How are venues of case hearings determined?

Case hearings will be held by the court geographically closest to: The incident or property inquestion. Where the parties reside.

When do parties seek a change of venue for cases (hearings)?

Parties seek a change of venue based on: Unfavorable pretrial publicity. Pursuit of a favorablelegal climate

What is a motion?

Parties can clarify a pleading or strike a portion deemed unnecessary

What is a motion for a judgement?

Parties ask the judge to reach a decision based on theinformation in the pleadings

What is a motion for summary judgement?

Party that filed the motion claims that no facts are in dispute

What is Discovery?

Information-gathering stage. Clarifies trial issues, promotes pretrial settlements, and preventssurprises at the trial.

What does Discovery consist of?

Depositions (recorded, sworn testimony in preparation for trial) / Physical andmental examinations / Interrogatories (answers to written questions) / Requests for access to documents and property / Admissions (agreement by the parties to stipulated issues of fact or law prior to trial)

What is an Appellate Court?

Is any court of law that is empowered to hear an appeal of a trial court or other lowercourt.

What happens in an Alternative Dispute Resolution (ADR)?

1. Arbitration - Neutral third party is given the power to determine a binding resolution of thedispute

2. Mediation - Parties devise own solution, with a neutral third party as a facilitator