Law Class.txt

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Law Class.txt
2010-02-15 09:20:28
Understanding Law

Law Exam 1
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  1. -opening statement (plaintiff then Defendant)
    -case-in-chief (case presented by ea. party)
    -summation (oral arguement at the close of a trial)
    -instructions to the jury(by judge)
    -delberation of jury
    -verdict or judgement
    How a trial is conducted
  2. -Amount in dispute is $75,000 or more
    -Each party is a citizen of a different state or country.
    -A corporation is citizen of the state of incorporation & principal place of business
    Diviersity of Citizenship
  3. Actions are morally correct if they comply w/wxisting obligations owed another or ourselves
    -often religion base
    -Kantian ethics
    Duty-based ethics
  4. written arguments addressed to the appellate court
  5. A new trial that takes place as if the first trial had not occurred
    trial de novo
  6. an order directing a person to appear at a certain time and place for the purpose of giving testimony as a witness
  7. The final determination or decision of the court as to the rights and duties of the parties in a lawsuit
  8. the review, discussion, and weighing of evidence presented a trial by a jury
  9. Ability to exclude a prospective juror for any reason other than race or gender
    peremptory challenge
  10. ability to exclude a prospective trial juror if bias or prejudice is indicated
    Challenge for cause
  11. The Power of a jury in a criminal trial to disregard the law and unanimously find the defendant innocent , although there is ample evidence to support a verdict of guilty.
    Jury nullification
  12. The writ or order by which an appellate court exercieses its discrtionary power to dcide which lower court cases it will hear.
  13. Bush's Petition of the 2000 election recount presented the the question of?
    If the Standardless manual recounts violates the equal protection and Due process clauses. They found reason to claim violation of the Equal Protection Clause.
  14. power of the U.S. supreme court to declare unconstituional an act of congress, a presidential order, or a state law.
    Judicial review
  15. The inherent power of the government to make laws and impose reasonable regulations for the health, safety, morals, or general welfare of the public, even when this limits individual freedom.
    Police Power
  16. A democratic process for removing public officials from thier elective positions by a vote of the people taken after filing of a petition signed by the required number of voters
  17. The common law doctrine that binds an inferior (subordinate) court to follow and apply decisions and interpretations of higher courts when similar cases arise. Also called doctrine of precedent and in simpler terms: Mandates that once a rule of law is determined to be applicable to a particular set of facts involved in a case , it will be applied to all future cases that have similar facts.( It is not a straitjacket, however. If principal has outlived its usefulness or has grown inapplicable because of changing social standards and circumstances, it may be overruled by a higher court.)
    Stare Decisis
  18. An act that violates criminal law.
  19. A private injury or wrong; a violation of a socially recognized duty owed to a plaintiff that results in injury to the plaintiff; be caused intentionally, through negligence or under strict liability.
  20. judges whose judicial philosophy includes treating the law as a vibrant and active source of rules. When faced w/new issues(e.g. social) such judges are likely to see the constitution as a flexible document and stare decisis as challengeable when they believe important social needs must be addressed.
    Judicial activism
  21. A systematic statement of agreed-upon moral rules for a profession, business, or group.
    Code of ethics
  22. The total system of law that originated in medieval England and was adopted by the U.S. at the time of the American Revolution. Epressed originally in opinions & judgments of the courts rather than legislator, it is judge made law that reflects the customs and usages of the people. Contrasted to Roman civil law, it is fond throughout the English-speaking world. Common law is sometimes called unwritten law. (* In no other legal system do independent courts have the power to contribute to the law as they do in the common law system
    Common Law
  23. a written opinion by a judge or judges who vote(s) contrary to the majority opinion and holding of the court.
    dissenting opinion
  24. The party who appeals to the higher court for review of a lower court ruling.
    Appelant (petitioner)
  25. The party who, on appeal, defends the earlier court determination
    Appellee (respondent)
  26. Subject Matter:
    Family law
    When remedy at law Is indadequate
    Case: Equity
  27. Subject Matter: Everything that is not a matter in equity
    case: Law
  28. Nature of Trial: No Jury
    Case: Equity
  29. Nature of Trial: Jury
    Case: Law
  30. Remedies:

    In Contracts:
    Specific performance
    Case: Equity
  31. Remedies:
    Money Damages
    Case: Law
  32. abbreviated reference to a variety of legal authorities including court cases.
  33. a set of books that contains the written opinions of justices of specified appellate courts These volumes contain the decisional, or unwritten, law. Volumes in the reporters and the cases they contain are arranged in chronological order and accessible by case name or subject matter index
    Court reporters
  34. an ethical doctrine holding that determining right conduct is based on consequences; that the purpose of the behavior should be the greatest happiness of the greatest number.(case of lady stealing loaf of bread to spare her children hunger) also take into account (case of afro-american convicted of murder & sentenced to death in the south.)
  35. In trial, the person trying to recover money damages or other relief from a defendant. – (a) in a civil trial, the person from whom money damages or other relief is sought by the plaintiff. (b) In a criminal trial, the accused.
  36. general principles and detailed rules that define legal rights and duties.
    Substantive Law
  37. general principles and detailed rules that define legal rights and duties.
    Substantive Law
  38. general principles and detailed rules that define the methods of administering substantive law
    procedural law
  39. Any part of a court opinion that is unnecessary to the resolution of dispute before the court. Such digression by a judge is not binding on later courts.
  40. the constitutional doctrine that applies whenever the United States and a state or local government enact conflicting laws on the same subject. Under this constitutional doctrine, the federal law prevails.
    Doctrine of supremacy
  41. Court that reviews decisions of prior courts for substantive and procedural correctness. (can have 3 or more judges.)
    Appellate court
  42. -The Legislative Branch (enacts the Law)
    -The Executive Branch (executes the Law)
    -The Judicial Branch (interprets the Law)
    Three branches of government
  43. a union of states under a central federal government; A government consisting of a union of more or less, self-governing states under an umbrella of federal government.
  44. interprets the Law
    Law making ability of the judiciary
  45. Members of the federal judiciary
    • - John G. Roberts, Jr
    • - John Paul Stevens
    • - Antonin Scalia
    • - Anthony M. Kennedy
    • - Clarence Thomas
    • - Ruth Bader Ginsburg
    • - Stephen G. Breyer
    • - Samuel A. Alito, Jr
    • - Sonia Sotomayor
  46. that which goes un-according to and violates the constitution
  47. Constitution
    Supreme law of the U.S.
  48. The court-made rule that precludes the use in criminal court proceedings of any evidence improperly obtained by the prosecution
    Exclusionary Rule
  49. 1st ten amendments of the U.S., mandates specific and general restraints on the national government to protect all persons from arbitrary and capricious act by federal officials.
    Bill of rights
  50. (contains primary rights) Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble and to petition the Government for a redress of grievances.
    First Amendment
  51. In Article I, Section 8 grants federal government the power to “regulate commerce w/foreign Nation, and amon the several States and w/the Indian Tribes.”
    Commerce clause
  52. includes buying , selling, and transporting of things of value from place to place.)
    type of commerce of Commerce Clause
  53. Not always implicitly recognized as a constitutional right. Not till 1965; U.S. supreme court recognized “the new constitutional right of privacy,” – Justice William O. Douglas, in case of Griswold v. Connecticut -right of unmarried couple to possess contraceptives, right of different races to intermarry, right of a woman to have an abortion under certain conditions.
    Right of privacy
  54. The requirement that legal proceedings (including arrest, civil and criminal trials, and punishment) comply w/the U.S. Constitution and other applicable substantive and procedural laws. The government is expected to use fair and reasonable methods when exercising poer over individuals, which is a matter of procedural due process.
    Due process of law
  55. **State constitutions can require more stringent protective laws than are required by the U.S. Constiution. However no state constitution or law can relax standards established by federal law, because of doctrine of supremecy.– who does it apply to – primarily the State(s) and authority. This applies in cases of mandatory blood/drug testing in workplace in determing possible HIV/drug contamination. Which the Supreme court states is a violation of the 4th amendment.
    points of due Process
  56. the power of ultimately by the people is in the vote.
    Constitution power of voters/citizens
  57. Some state constitutions give qualified voters the right and power to bypass customary lawmaking procedures of state and local government and to make laws directly .It enables groups of voters, if sufficient in numbers, to originate and pass statutes, ordinances, and amendments to their respective constitutions w/out recourse to the legislature.
    initiative process (Constitution power of voters/citizens)
  58. State legislatures may submit a
    petition to voters for their approval or disapproval of an existing or proposed law.
  59. Is the nature of the right or the class of individuals being affected inherently suspect? Distinctions based on race, alienage, national origin, ethnicity, religion, marriage, and voting have been held inherently suspect. Government must demonstrate that any law providing for differential treatment serves a compelling state interest and is narrowly tailored to serve that interest.
    Strict scrutiny test
  60. The Supreme Court’s utilization of the Fourteenth Amendment to find Bill Of Rights Limitations on state and local governments.
    Incorporation doctrine
  61. limitations to the freedom to practice any form of religion; generally people are free to believe and worship as they wish so long as their conduct violates no laws that validly protect the health, safety, or morals of the community.
    Free exercise
  62. The clause in the fourteenth Amendament to the U.S. Constitution declaring that “no state shall…deny to any person w/in its jurisdiction the equal protection of laws.”
    Equal protection
  63. In part, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the U.S. and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, w/out due process of law; nor deny to any person w/in its jurisdiction the equal protection of the laws.” Prohibits unreasonable searches and seizures of persons or property.
    Fourteenth amendment
  64. system of government w/the supreme power in the people, exercised by representatives chosen through the votes of qualified voters.
  65. Preponderance of evidence
    Burden of proof : civil
  66. Beyond a reasonable doubt.
    Burden of proof: criminal
  67. The Complaint of the plaintiff and answer of the defendant in a lawsuit.
  68. A document issued by a clerk of the court inviting the defendant to respond to a complaint.,
  69. A document stating the facts constituting an alleged cause of action. , answer, etc.
  70. The right and Power of the court also the geographic location that tie into political boundries etc.
  71. A state law authorizing a court to hear cases brought against nonresidents under specified circumstances
  72. power of more than one court to hear a case.
  73. the sole power a court has over the particular subject matter of a case.
  74. A statute that bars civil or criminal proceedings unless brought w/in a specified period of time after the act occurred.
    Statute of limitations
  75. Court- awarded judgment based on the defendant’s failure to answer the summons and complaint or to appear at the trial to contest the claim of the plaintiff.
    Default judgment
  76. Process of questioning prospective jurors to ascertain whether they have any bias that would make difficult or unlikely their impartiality in determining question of fact during a trial.
    Voir dire
  77. group of methods used during the period between commencement of a lawsuit and the data of trial to learn facts about the dispute.
  78. Questioning of a witness or adverse party to an action, under oath, by the opposing attorney defore the trial.
  79. A form of discovery consisting of written questions directed to a party or witness who is expected to reply w/written answers under oath.
  80. an equitable remedy allowing a buyer to get possession and title to a real property and to goods that are unique when the seller refuses to deliver under a valid sales contract
    Equitable remedies: Specific performance
  81. an order of a court of equity to someone to do or not do some act,
  82. an equitable remedy that annuls a contract and returns the parties to the relationship they had before the contract was made.,
  83. When a court orders the defendant to give up his gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his loss.
  84. a term commonly used in the United States for the rectification of a written contract or legal instrument
  85. – A decision by a judge that overrules the verdict of the jury, playing the part of the 13th jury w/power to veto the decision of the others and substitute w/a different one. (Recall that in a criminal case the judge cannot set aside a verdict of “not guilty.”)
    Motion n/o/v (notwithstanding the verdict)
  86. request to a judge by counsel to enter a particular verdict instead of allowing the jury to do so because there are insufficient facts to allow any other verdict.
    Motion for a Directed Verdict
  87. A state law authorizing a court to hear cases brought against nonresidents under specified circumstances.
    Long-arm statutes
  88. order of the court directing the sheriff to confiscate property of the defendant.
    Writ of execution
  89. The local place, w/in the geographical boundaries of a larger jurisdiction, where a case is generally most appropriately tried.
  90. A court w/jurisdiction to decide civil controversies of a reatively minor nature. The maximum amount of recoverable damages ranges from $1,500-$25,000 most common maximums are between $5,000 – $10,000.
    Small claims court
  91. Any legal obligation or debt.
  92. U.S. Supreme Courts, U.S. Court of Appeals, The U.S. District Court.
    Names of the federal courts
  93. The following structure defines:

    trial courts of general or limited jurisdiction Intermediate Appellate Courts → State Supreme Court (i.e. court of appeals, supreme judicial court, or supreme court of appeals)
    Structure of the state court
  94. the expressed decision of the jury on questions of fact submitted to is for determination, based on evidence presented during trial.
  95. Pre-trial, Trial and Post- Trial.
    Phases of a legal case