Studied by 37 people
Legal Positivism
“You have to follow what the law says” (obedience)
Civil Law
Liability, The injured party wants money and compensation. Preponderance of the evidence
Common Law
Older law, Judges, Appellate court, Rule based off of what previous courts did
Is common law prospective or retrospective
RETROSPECTIVE
Stare Decisis
Let the Decision stand
Appellate court
Court of Appeals
Appellate court order
District→ Circuit→ Court of Appeals→ Supreme Court
Changes in Law
Laws are forever changing to adapt to a changing society
Do bystanders have an obligation to help
NO
Special Relationships to bystanders
Employers are obligated to help when present, Therapist-patient, Family, If it is your job ie: Lifeguard
Statutory Laws
New Laws, Enacted at all levels of govt. Citizens control these by electing representatives
Is statutory law retrospective or prospective
PROSPECTIVE
Why are bills proposed
New issues, Unpopular judicial rulings, laws must be in clear terms
Statutory Interpretation
Plain meaning rule, Public Policy, once law is implied the interpretation becomes precedent, PROSPECTIVE
Administrative Law
Administrative agencies
What levels of govt are admin. agencies located
ALL
Agencies
Make rules and regulations, created to fulfill needs, often have power in specific areas.
Enabling Legislation (agencies)
Govt gives money, Defines agencies power
Independent federal agencies
Not federal
Most powerful agency in VA
DMV
Power of Agencies
Legislative power (make laws) Interpretive power (interpret laws) Adjudicating Power (have their own judges)
Informal Rulemaking
Must be open to public Comment
Formal Rulemaking
Must have public hearing
Subpoena
MUST DO WHAT IT SAYS, relevant and under jurisdiction, can be issued by an agency
Limiting agencies power
Statutory Control
Pass laws to limit
Can withhold money
Political Control
President can control
Judicial Review
Court Review
FOIA
Freedom of Information Act
Request documents, request documents, citizen OR non-citizen resident
Privacy Act
Prohibits agencies from giving info without consent
Constitution Law
Supreme law of the land, strict scrutiny, intermediate scrutiny, minimal scrutiny
Congressional Power Article 1
Commerce Rule: can regulate any activity that has an effect on international commerce
Supremacy Clause
Federal> State> Local
Executive power Article 2
Nominate judicial candidates, Oppose legislation, set foreign policy
Marbury vs Madison
Gives power to the court for judicial review
Freedom Of Speech
Congress shall pass no laws abridging the freedom of speech
FOS acceptions
Time Place and Manner, Obscenity, Commercial Speech
Private Property
Controlled by the owner, Govt issues an injunction to make them abide
During working hours, employers can limit your freedom of speech
true
Due Process
Life liberty and property, cannot be taken without due process
Govt cannot take your property without compensation
Correct
Taking Clause
Cannot take private property for public use without compensation
Strict Scrutiny
Race, Ethnicity, Religion, and Fundamental Rights
Minimal Scrutiny
Economics and Social Regulations
INTERMEDIATE SCRUTINY
Gender (grey area) First woman to apply for cadets sues because university was receiving public funding
14th amendment
All laws to be treated equally
Three areas of law
Court System, ADR, Civil Lawsuits and Litigations
Benefits of ADR
Quicker, cheaper, private, keeps parties talking
Negotiations (ADR)
Offers and counter-offers for a settlement
Mediation (ADR)
Neutral party, Mediator does not render a decision, NON-BINDING
Arbitration (ADR)
Neutral Part, DOES render a decision, IS BINDING
Subject Matter Jurisdiction
Able to hear that type of case
Personal Jurisdiction
Minimum personal contact with the state
All courts need
Jurisdiction
International Shoe vs Washington
Didnt have an office in Washington so didnt want to pay taxes on shoes there. Had minimum contacts in Washington so they had to pay taxes. (personal Jurisdiction) (long arm statue)
Federal Court System (jurisdiction)
US constitution, DIVERSITY OF CITIZENSHIP (two different states and over 75,000)
State court system
Concurrent Jurisdiction
Is new evidence presented when appealing in court, after circuit court level?
NO
Only court in VA that can have jury trial
Circuit
Litigation Order
Statement (short and simple) → Answer (reply to allegations)/ Possible counterclaim → Possible reply
Summons
Served with legal documents, Technically do not need to do anything
Discovery
Both sides uncover evidence, everything is known, encourages a settlement
Interrogatories
Written question that the other parties must answer under oath
Depositions
Interviews given under oath (usually videotaped)
Sanctions
Dismissal of Lawsuit
Class action
Multiple people represented by plaintiff
Default Judgement
Happens when you don’t answer a summons
Summary Judgement
Both parties agree on all facts. Ask judge to apply the law
Motion in Limine
Exclude evidence from trial
Voir Dire
Speak the truth
What must be present in a criminal case
Govt must prove beyond reasonable doubt
What did VA adopt
Rules of evidence
What must VA jury decisions be
Unanimous
When can you settle a case
Anytime
Natural Law
Any bad law that does not need to be followed
Legal Realism
Combination of legal positivism and Natural Law
Hampton Sydney vs VT
Strict Scrutiny (Gender)
Concurrent Jurisdiction
Either Federal or State can hear case
Injunction
Court orders you to do or not do something
Equity
Above injunction (court has equitable power)
Note 
Flashcard (40)