consists of the house of rep and congress, together forms the senate
New cards
6
house of rep. rate
1 per 35,000 residents
New cards
7
senate rate
2 per state
New cards
8
article 1 responsibility
creating laws
New cards
9
what does article 2 provide
enforcement of laws, led by the president
New cards
10
under article 2 the president can
veto laws passed by congress and issue executive orders
New cards
11
article 2 responsibility
negotiation and agreement of international treaties, and appointments to certain roles
New cards
12
what does article 3 provide
the supreme court and inferior courts
New cards
13
federal courts
disputes between 2 states, involving citizens of 2 states where over $75k is disputed, and violation of constitution
New cards
14
original jurisdiction
first hearing of case, usually review of trial court
New cards
15
appellate jurisdiction
review for clear error of fact of erroneous application of law
New cards
16
supreme court justices
Roberts, Thomas, Barrett, Jackson, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh
New cards
17
primary theory of judicial philosophy (strict constructionist)
when judges strictly interpret the law, clinton valley
New cards
18
second theory of judicial philosophy (statutory constructionist)
when judges interpret the law and apply the spirit of the law rather than the exact interpretation, soldano, flagiello, and tarasoff
New cards
19
plaintiff
the person who brings the civil suit into court of law, must prove they have been injured by others, only used in civil cases.
New cards
20
defendant
person who must defend against a civil suit, can be a person, company, institution, or government entity.
New cards
21
appellant
the party that is appealing the decision of the original court to another court
New cards
22
appellee
the party against whom the appeal is taken, defending the appeal and seeking to have the lower court’s decision upheld
New cards
23
common law
often referred to as judge-made law. provides uniformity across the legal system through interpretations of constitutional provisions, statues enacted by legislatures, and regulations created by administrative agencies
New cards
24
statutory law
passed by legislative bodies such as congress or state legislatures, cannot violate constitution, ex: speed limit
New cards
25
federal law
a body of law at the highest level, consisting of a constitution, enacted laws and the court decisions pertaining to them.
New cards
26
state law
the law of each separate state
New cards
27
uniform law
a model law that if adopted by the state becomes statutory, state has the option to adopt or reject all of the law or only a part of it. ex: uniform commercial code
New cards
28
federal court
only hears cases authorized by constitution or federal statutes. They hear cases in which the US is a party, violations of the U.S. constitution or federal laws, cases between citizen of different states.
New cards
29
state court
cases individual citizens are most likely to be involved in - robberies, traffic violations, broken contracts, and family disputes.
New cards
30
civil law
a body of rules that delineate private rights and remedies, and govern disputes between individuals/companies in such areas as contracts and property.
New cards
31
criminal law
involves prosecution by the government of a person for an act that has been classified as a crime/an act that has “harmed society”
New cards
32
substantive law
laws that address acts as a right or wrong
New cards
33
procedural law
comprises the set of rules that govern the proceedings of court system. Procedural law are the rules that ensure fairness in the process.
New cards
34
legislative law
the body of law enacted by legislative bodies
New cards
35
administrative law
rules and regulations passed by an administrative agency that has been established by US Congress. Ex: EPA setting 55mpg capability
New cards
36
federal vs state law
federal law trumps
New cards
37
state vs state law
whatever state the injury occurred in
New cards
38
stare decisis
let the prior decision stand, ex: clinton valley
New cards
39
standing
right for the impacted party to file a lawsuit or petition under the circumstances
New cards
40
summary judgement
a motion requesting the court to enter a judgment proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute. No factual dispute between parties, only dispute is how the law should be applied.
New cards
41
unanimous decision
all justices agree (9-0)
New cards
42
split decision
at least one justice voted for the other choice
New cards
43
dicta
comment made by a judge in a decision or ruling which is not required to reach a decision; may be cited but cannot have full force of a precedent.
New cards
44
holding
the legal outcome/decision of the case; binding; carried out by future judged
New cards
45
concurring opinion
judge writes an opinion that agrees with the majority
New cards
46
dissenting opinion
judge writes an opinion against what the majority of the judicial panel decided.
New cards
47
what court heard the Soldano case
Court of Appeals of California
New cards
48
legal issue in Soldano case
is there a duty to help a person in need or to take action to prevent injury to a person in need
New cards
49
holding of Soldano case
there is a duty to help a person in need, particularly where such help will occur to another party
New cards
50
rationales for Soldano decision
special relations require someone to help as a duty to someone in danger, legislative action supports other in need, and the 7 factor test that determined if someone has a duty to aid someone in need.
New cards
51
what court heard the Edwards case
Michigan Court of Appeals
New cards
52
legal issue in Edwards case
does governmental immunity for state health facilities exempt Clinton Valley Center from any and all liability
New cards
53
holding for Edwards case
yes, stare decisis
New cards
54
rationales for Edwards case
stare decisis
New cards
55
what court heard the Flagiello case
Supreme Court of Pennsylvania
New cards
56
legal issue in Flagiello case
does the charitable immunity doctrine exempt the state charitable organization from liability
New cards
57
holding of Flagiello case
the court held the law to be outdated and abolished it for the State of Pennsylvania
New cards
58
what court heard Tarasoff case
California Supreme Court
New cards
59
legal issue in Tarasoff case
does a therapist have a duty to exercise reasonable care in determining whether to warm a third party of potential harm
New cards
60
holding of Tarasoff case
yes
New cards
61
rationales for Tarasoff case
special relationships, therapist did not act reasonable, interdependent society, better to break therapist/patient confidentiality to save a life
New cards
62
why is the understanding and use of ADR important for business managers
less expensive that litigation, more efficient than litigation, more flexible, more private, more likely to preserve the business relationship between parties.
New cards
63
positional negotiation
when settling a dispute negotiating to be adversarial, seeking the max benefit, and with no compromises.
New cards
64
principled negotiation
when settling a dispute negotiating is through communication, keeping relationships intact, options, creativity, and alternatives.
New cards
65
positional vs principled negotation
extreme and results in clear winner vs compromise
New cards
66
what are the five dispute resolution options
litigation, arbitration, mediation, negotiation, and med-arb.
New cards
67
process of litigation
file a complaint, file an answer, file a motion for Summary Judgment, discovery, trial, judge issues their decision, losing party may appeal case, enforcement of judge’s decision
New cards
68
three stages of litigation/trial
complaint, service of process, and answer
New cards
69
discovery
gaining access to witnesses, documents, records, other evidence
New cards
70
pretrial conference
informal discussion between judge and attorneys to explore possible settlement
New cards
71
7th amendment right
right to jury trial
New cards
72
jury selection
each party may challenge a certain number of prospective jurors without reason
New cards
73
opening statements
setting forth facts to prove
New cards
74
hearsay
testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement
New cards
75
motion for a new trial
verdict is obviously the result of a misunderstanding of the evidence by the jury, newly discovered evidence, misconduct by juror.
New cards
76
appeal
filing an appellate brief
New cards
77
writ of execution
order directing the sheriff to seize and sell defendant’s assets/property to pay money owed
New cards
78
benefits of litigation
can outspend the opposing party, accessing the judicial system with its developed rules, rights and processes, decisions are binding and enforcement is guaranteed, no compromises, sense of justice, judged by peers, makes public statement or new law.
New cards
79
arbitration
three party process, two disputing parties and one decision maker, decision is binding and called an award, arbitrator is either agreed upon by both parties or court appointed, typically ex-judges or attorneys with legal expertise
New cards
80
mediation
three party process, two disputing parties and one neutral third party acting as a mediator, works with both sides in the dispute to facilitate a resolution
New cards
81
independent mediator
no relationship with the parties
New cards
82
social network mediator
from the community
New cards
83
authoritative mediator
mutually respected and/or with power over each of the parties
New cards
84
commerce clause
congress shall have the power to regulate commerce with foreign nations, and among the several states, and with Indian tribes. Allows congress the authority to regulate interstate commerce which causes state lines.
New cards
85
commerce clause taxing authority
congress shall have the power to lay out and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the US so long as the proposed tax has a reasonable basis.
New cards
86
article 4
generally proves a national framework for citizenship/commerce
New cards
87
article 4 section 1
all courts and states must acknowledge the debts, contracts, and all judicial decisions of other states
New cards
88
article 4 section 2
prevents a state from imposing unreasonable burdens on a citizen of another state
New cards
89
article 5
amendment must be proposed by federal congress and requires 2/3 of house and senate vote, then must be ratified by 3/4 of all states
New cards
90
article 6
federal law is supreme over state or local laws/ordinances and contracts, international treaties take precedence over state laws and contract provision
New cards
91
1st amendment
freedom of press, speech, and religion
New cards
92
2nd amendment
the right to bear arms, was originally to help people organize local militias to repel invasion
New cards
93
4th amendment
protects the right of people to be secure in their persons, houses, papers, and effects, requires law enforcement to obtain a search warrant from a judge
New cards
94
14th Amendment (Equal Protection)
law must be rationally connected to a permissible or legitimate \n government objective
New cards
95
Quasi-strict scrutiny test
law must be substantially related to an important government interest
New cards
96
Strict Scrutiny test
The law must be necessary to advance a compelling state interest, applied to laws addressing a suspect class or a fundamental right
New cards
97
Suspect class
\n class that has disabilities, has been subjected to a history of \n purposeful unequal treatment, OR has been placed in a \n position of political powerlessness
New cards
98
Purpose of Enabling Act
An “Act” or law/statute that is passed by Congress & which includes an enabling mandate that empowers the applicable agency to act within a certain scope of power or purpose
New cards
99
Executive Agencies
Assist the president to carry out executive tasks with the expertise of the agencies, with a single director/chairman who is appointed by the President who can also be removed by President at any time and for any reason \n
New cards
100
Independent Agencies
Agency created by congress via ‘an enabling statute’ which provides a mandate and scope of authority (example = creation of Environmental Protection Agency by congress “to promote the protection and sustainability of the environment”)
Studied by 5 people
