Statutory Interpretation, Griggs v. Duke Power, Appeals, and Dispute Resolution (Lecture Notes)

A set of practice flashcards covering key concepts from the lecture notes on statutory interpretation, Griggs v. Duke Power, the appeals process, and dispute resolution.

What three sources does the court consult when the plain meaning of a statute is unclear?

Plain meaning of the statute, legislative intent, and public policy.

In the tobacco case example, what public policy did the court value?

Public health, especially protecting children from tobacco addiction.

What did Griggs v. Duke Power establish about Title VII and employment testing?

Tests with a disparate impact that disproportionately affect protected classes violate Title VII, even if not facially discriminatory.

What is disparate impact analysis?

An analysis that evaluates the effect of employment practices on protected classes, regardless of stated intent.

What is an appeal?

A process to have a higher court review a lower court’s decision for errors; not a retrial and usually does not involve new evidence.

Who is the appellant and who is the appellee?

The appellant (or petitioner) is the party appealing; the appellee (or respondent) is the party defending against the appeal.

What outcomes can an appellate court issue?

Affirm (uphold), reverse, remand (send back to lower court), or reverse and remand.

Describe the typical path of a civil case through the courts.

District court → intermediate appellate court (state Court of Appeals) → state supreme court or US Supreme Court; one appeal is common, more can be possible.

What is discovery in a trial?

The pre-trial process of gathering evidence; includes interrogatories, depositions, production of documents/electronic data/physical items, and examinations.

What is a deposition?

Out-of-court sworn testimony used to gather information; often used to catch the other party off guard.

What is arbitration?

A process where a neutral third party issues a binding decision outside the court; often governed by arbitration clauses in contracts.

What is mediation?

A process with a neutral mediator who helps the parties negotiate a settlement; the mediator does not decide the outcome.

What is negotiation?

Direct discussion between parties (often through attorneys) to resolve a dispute without going to trial.

What is the burden of proof in civil cases?

Preponderance of the evidence—the greater weight of the evidence makes it more likely than not that the claim is true.

What does the doctrine of stare decisis mean?

Courts should follow established precedent from prior decisions.