BLAW Midterm Exam
Card Set Information
BLAW Midterm Exam
important source of American Law
consists of the rules, orders, and decisions of administrative agencies.
The doctrines and principles announced in cases and governs all areas not covered by statutory law or administrative law
part of common law tradition.
Law Expressed in the constitutions
Court of Equity
Courts for fair dealing
Court of Law
propositions of general rules
1. Whoever seeks equity must do equity
2. Where there is equal equity, the law must prevail
3. One seeking the aid of an equity court must com to the court with clean hands
4. Equity will not suffer a wrong without a remedy
5. equity regards substance rather than form.
6. Equity aids the vigilant, not those who rest on their rights
An amount given to a party whose legal interests have been injured.
Set of rules that the court enforces
statutory law also includes local ordinances
those are statutes passed by municipal or county governing units to govern matters not covered by federal law
a decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts
Remedy at law
Remedies at the court law
remedy in equity
Remedy in the equity courts
to stand on decided cases
What are questions of fact decided by?
Questions of law are decided by whom?
Alternative Dispute resolution
advantage of ADR is flexibility
Means of settling a dispute
Form of ADR in which a third party hears a dispute and imposes a resolution.
In this, the third party makes the decision
simplest form of ADR
attempt to settle issue with or without attorneys
a neutral third party acts as a mediation and works with both sides to facilitate a resolution
A party may choose to bring a suit in either a federal court or a state court.
diversity of citizenship
the plaintiff and defendant must be residents of different states
the dollar amount of controversy must be over $7500
Occurs only when the case can only be held in a federal court or a state court
most patent and copyright claims
any lawsuits against the united states
some areas of admiralty law (law governing sea borne transportation and ocean waters)
occur when a plaintiff's cause of action is based on the constitution, treaty, or federal law
In personam Jurisdiction
In rem jurisdiction
Jurisdiction over property
the power to speak the law
Long arm statute
court can exercise authority on people out of the state because the case involves in state actions
state courts that handle only the disposition of a person's assets and obligations after the person's death, including issues relating to the custody and guardianship of children.
Small claims court
inferior trial courts that hear only civil cases involving claims of less than a certain amount.