Legal Systems, Court Procedures, and Key Constitutional Principles

federalism

Division of power between federal, state, and local governments.

supreme law of the land

The U.S. Constitution.

statutes

Written laws made by federal, state, or local legislatures.

administrative law

Rules and regulations created by federal and state agencies.

common law

Law created by court decisions that set precedent.

stare decisis

"To stand by things decided" - courts follow precedent from higher courts.

purpose of courts

To resolve disputes between parties (civil and criminal).

civil case vs. criminal case

Civil = private party. Criminal = government prosecution.

Standard of proof: civil vs. criminal

Civil = preponderance of evidence (>50%). Criminal = beyond a reasonable doubt (~99%).

three levels of state courts

Trial courts → Intermediate appellate courts → State Supreme Court.

appellate courts

Review lower court proceedings, no trials/juries.

three levels of federal courts

U.S. District Courts (trial), U.S. Circuit Courts of Appeal, U.S. Supreme Court.

federal court with discretionary review

The U.S. Supreme Court.

personal jurisdiction

A court's power over the parties in a case (based on residence, business, or contacts).

long-arm statutes

Laws that let courts reach out to out-of-state defendants if they have "minimum contacts."

subject matter jurisdiction

A court's power to hear the type of case.

cases only federal courts can hear

Admiralty, bankruptcy, federal crimes, IP, disputes between states.

federal question jurisdiction

Cases involving the U.S. Constitution or federal law (28 U.S.C. 1331).

two requirements for diversity jurisdiction

(1) Amount > $75,000; (2) Complete diversity (no plaintiff shares state with any defendant).

corporation citizenship for diversity jurisdiction

State of incorporation + principal place of business ("nerve center").

venue

Which trial court within a jurisdiction hears the case.

standing

Plaintiff must have a concrete injury traceable to defendant, and the court must be able to remedy it.

pleadings

Complaint + summons (service of process) and defendant's answer.

motion to dismiss

A request to throw out a case (argues "so what?").

discovery

Exchange of information: interrogatories, requests for documents, depositions.

Interrogatories

written questions answered in written reply under oath

Requests for admission of facts

written and must be answered in written response under oath

Request to produce documents -

written requests to share documents; privilege may be asserted

Depositions

Verbal examination under oath to gather sworn testimony from key witnesses; court reporter and videographer often present; can be used at trial for various purposes.

voir dire

Jury selection to ensure fairness.

order of trial steps

Opening statements → evidence/witnesses → closing arguments → jury instructions → verdict.

hung jury

Jury cannot reach unanimous decision.

negotiation

Informal resolution between parties.

mediation

Neutral third party helps parties settle; non-binding.

arbitration

Neutral arbitrator issues binding decision; similar to trial.

Articles I-III

Establish Legislative, executive, judicial branches.

case that created judicial review

Marbury v. Madison (1803).

Supremacy Clause

Federal law is supreme over state law (Article VI).

Commerce Clause

Congress can regulate interstate commerce (Art. I, Sec. 8).

Bill of Rights

The first 10 amendments to the Constitution.

tort

A wrongful act causing harm (civil, not contract).

types of damages in tort law

Compensatory, nominal, punitive.

intentional torts

Acts done deliberately (assault, battery, defamation, trespass).

proven for negligence

Duty, breach, causation (actual + proximate), damages.

res ipsa loquitur

"The thing speaks for itself" - negligence inferred from the circumstances.

negligence per se

Negligence based on violation of a safety statute.

strict liability

Liability without fault for ultra-hazardous activities or defective products.

three types of product defects

Manufacturing, design, failure to warn.

tests to prove product defects

Consumer expectations test; Risk-Utility/Feasible Alternatives test.

defenses to product liability

Misuse, assumption of risk, plaintiff's negligence, state-of-the-art defense.

What is the most common tort claim

negligence

What is the purpose of administrative agenicies?

to regulate specific industries through rules and enforcement

What is the difference between a statute and a regulation

Statutes are laws passed by legislatures; regulations are rules issued by agencies to enforce statutes

what is a precedent

A prior court decision that guides future cases with similar facts or issues

Can a court have subject matter jurisdiction but lack personal jurisdiction?

Yes - Both are required for the court to hear a case and issue binding rulings

What is a forum selection cause

A contract term where parties agree in advance on the court or jurisdiction for resolving disputes

Counterclaim

A claim brought by the defendant against the plaintiff in the same lawsuit

what is summary judgement

a ruling where the court decides there is no genuine dispute of material fact - no trial needed

what is the role of a judge and jury on trial

the judge rules on law, and the jury determines the facts

what are some examples of equitable relief civil cases

Financial damages, restitution, equitable relief, declaratory remedy

State action doctrine meaning

Bill of rights only protects citizens from government infringement of protected rights

what is field preemption

when federal law occupies an area so fully that states cannot regulate it at all

what is contributory negligence

If both parties were liable, the plaintiff cannot recover anything unless she can prove the defendant had the last clear chance to avoid the resulting injury.

Comparative negligence

Pure: court/jury determines the percentage of each parties negligence and each party is responsible for that percentage of the damage. Modified: same scheme as pure comparative negligence, but the defendant must be more than 50% at fault for the plaintiff to recover anything.

How does intent differ between intentional torts and negligence?

intentional torts require purposeful action; negligence requires only a failure to act with reasonable care

what is the purpose of punitive damages

to punish the defendant and deter future misconduct

who can be held liable in a product liability case?

Manufacturer, distributor, retailer — depending on where the defect occurred.

What is a "feasible alternative design"?

A safer design that could have been used without significantly reducing utility or increasing cost.

What is a "state-of-the-art" defense?

Argument that the manufacturer did the best it could with the technology and knowledge available at the time.