LEGL 1100 - Notecard Set

law

a set of rules and procedures created and enforced at many levels of government

canon law

law that regulates many religious organizations

bylaws

law that regulates corporations

society

groups of humans with things they share

roper v simons

2005

A: how the court uses societal values in justifying its decision

I: at 17 Simmons committed murder, 18 sentenced to death

H: argued cruel and unusual punishment

syllabus

a summary of a SC case written by the reporter of decisions, an officer of the Court, appointed by the SCJ

civil law

1. a legal system based on written laws or codes

2. a type of law that controls private disputes between parties

constitutions

a document whose primary purpose is to establish a government and define its power

statutes

a written law passed by a legislature which are placed into codes

codes

a topical organization of statues

civil law systems

code of hammurabi and napoleonic code

common law

a body of law developed through the courts

case law

a law that is created in a judicial opinion rather than a legislative process

precedent

the example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases

stare decisis

“it stands decided” another term for precedent

exxon shipping co v baker

2008

A: example of a court decision that relies on a principle of common law to reach a decision to determine how damages should be calculated

S: Valdez grouped on the AL crude oil civil law suit that was overtime based on maritime common law

H: responsibilities lie with SC as a source judge made law in the absence of statute

jurisprudence

study of philosophy of law

natural theory of law

a philosophical theory hold that law reflects the moral and unchangeable laws of nature

legal positivism

a philosophical theory holding that the validity of law is not related to morality

legal realism

a philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices

administrative law

a law that is created by an administrative agency

constiutional law

a law that is based on a constitution

statutory law

a law that is written and enacted by a legislative body, such as Congress or state legislatures

case law

a law that is. created in a judicial opinion rather than a legislative process

substantive laws

laws that define our rights and obligatios; define the rights and duties of parties and establish the legal basis for any lawsuit

tort

a non contractual civil wrong

procedural laws

laws that dictate how we enforce our rights and obligation

rules of court

procedural rules adopted by all courts regulating practice in the courts

maples v thomas

2012

A: procedural issues often form the basis of an appeal and can result in a court’s refusal to consider an appeal even in death penalty

S: Maples was convicted of murder in AL and was sentenced to death because of the procedural error due to petitioner neglect

H: SC reversed the appellate court ruling and held that when attorney abandon their clients and sever the attorney client relationship and no longer act as an agent of the client

statute of limitations

the time period in which a lawsuit or other civil action must be files, as measured from the date of the incident

criminal law

laws that define offenses against the state or society as a whole

crimes

an act in violation of a criminal statute and defines behavior that society has declared illegal and has decided to punish

due process of law

the existence of a clear law that prohibits the conduct and describes the penalty that is to be imposed in the event a person is found guilty before the violation occurs

jurisdiction

refers to the fact that the court must have the power or authority to hear a case

defendant

individuals accused of a crime (criminal law)

indigent

without funds or assets and therefore unable to afford an attorney

burden of proof

the necessity of establishing a particular fact of the necessity of going forward with the evidence

beyond a reasonable doubt

legal burden in a criminal case that requires that the jury have no doubt about the guilt of the defendant

acquitted

a finding of not guilty in a criminal case

criminal law process

1. a person accused of a criminal offense is entitled to due process of law under the U.S. constitution

2. the case is brought to trial by a prosecutor employed by the state or the federal government; injured part is the witness

3. court depends on whether the case is a misdemeanor or a felony

4. defendant has a right to a jury in criminal cases where the punishment exceeds 6 months

5. an indigent defendant is entitled to court appointed counsel

6. the prosecutor must prove the defendant guilty beyond a reasonable doubt

7. the defendant is found guilty or is acquitted

8. a guilty defendant is found guilty or is acquitted

9. a guilty defendant can be fined or jailed

10. only the defendant can appeal

marshall v marshall

2006

A: which court has the authority to hear a case

S: inheritance rights of Smith CA and TX court claimed jurisdiction

H: SC found that federal court did not have jurisdiction with the case

injunction

legal authority granted to a court to hear a case render a judgement

preponderance of the evidence

the amount of proof necessary for most civil cases; more likely than not; what plaintiff must prove their case by this standard

liable

a finding of responsibility in a civil case

hung jury

a jury that cannot attain the necessary consensus or majority to reach a verdict

rules of court

laws that are adopted by various courts with power given to the courts by the legislature

civil law processes

1. must be filed in a court that has jurisdiction

2. brought to court by the injured party

3. trial court depends on how much money is sought

4. both sides are often entitled to a jury

5. each party must bear their own attorney costs

6. the plaintiff must prove their case by a preponderance of the evidence

7. the defendant is found liable or not liable

8. damages are assessed against a liable defendant

9. either side can usually appeal

federalism

a system of government in which the people are regulated by both federal and state governments

express powers

powers given to congress that are spelled out in the Constitution

implied powers

the power that congress has to regulate that is derived from the express powers

10th amendment

the powers not delegated to the US by the Constitution nor prohibited by it to the states, are reserved to the states, respectively, or to the people

commerce clause

a section of the US Constitution found in A 1 S8 giving the federal government the right to regulate interstate commerce, which allows the federal government an extensive power to pass statutes and create regulations

gonzales v raich

2005

A: changes in the commerce clause as it applies to the medicinal use of substances

S: CA residents used weed confiscated by federal agents and CA created an exemption to federal law for medical purposes

H: regulation is squarely within Congress’ power because production of the commodity has a substantial effect on the supply and demand in the national market for that commodity

US v Lopez

1995

A: Addresses the limited power of the government to make laws. SC has limited interpretation of Commerce Clause striking down federal laws

S: can a gun free zone around school zones be regulated by Congress

H: SC held that the act exceeded Congress Commerce Clause authority and that the possession of a gun in a local school zone was not an economic activity.

NFIB v Sebelius

2012

A: You cannot regulate economic inactivity

S: SC refused to recognize the Commerce Clause as empowering congress to act with respect to mandatory health insurance and tax people who do not opt in.

H: Congress lacked the authority to enact the individual mandate, but the commerce clause does permit congress to tac.

police powers

the authority of states to make laws that provide for the general health welfare, and safety of their citizens

preemption

a doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas

ex post facto

make a person criminally responsible for an act that was committed before the act was made a crime

jurisdiction

legal authority granted to a court to hear a case a render a judgement/regulation of someone or an action

exclusive jurisdiction

the sole power or authority of the federal and state government to act in a certain situation

concurrent jurisdiction

when more than one entity have the right to regulate or act

supremacy clause

a vi making the constitution the supreme law of the land

US v Oakland Cannabis Buyers

2001

A; when a state passes a law that conflicts with the constitution the SC has the power to declare that law unenforceable and unconstitutional

S: CA allows weed. federal law makes distribution a crime

H: SC ruled thee was a conflict in the law and the federal law supersedes, but the government is not enforcing this.

US v MO

A: the US is entitled to summary judgment

S: MO’s constitution is an infringement on the second amendment

H: SAPA is unconstitutional and violative of the supremacy clause

summary judgment

a judgement entered by a court against one party, and in favor of the other, without a full trial. It can be issued regarding the entire case or to a single issue before the court

bill of rights

the first 10 amendment to the constitution

separation of powers

the constitutional doctrine that each of the three branches of government has separate and distinct powers

checks and balances

the constitutional doctrine that each of the three branches of government operates a check on the powers of the other branches

Seila law LLC v Consumer Financial Protection Bureau

2020

A: an example of 1 exclusive power of the executive branch

S: CFPB demanded selia law, who had a sole leader, be removed for the separation of powers

H: CFPB leadership by a single individual violates the separation of power

veto

the legal power of the president to reject legislation that has been passed by Congress

bicameral

a term that describes a legislature consisting of two houses

heath v AL

1985

A: how local and state government must act together and their relationship and presented an example between relationship between different states

S:Heath hired 2 people to kidnap across state lines and claimed double jeopardy

H: 2 states are separate sovereigns and has their own interests and laws that could prosecute the criminal case without violation of double jeopardy

stare decisis

prior court decisions control subsequent cases with the sam or similar facts

PGA Tour Inc v Martin

2001

A: a court decision where the definition provided in a statute were expanded by court decision

S: ADA prohibits discrimination against people with disabilities in a place of public accommodation. Marin (golfer) needed a golf cart to play

H: “fundamentally alter the nature of the service” concluded that allowing Martin to use a cart wouldn’t change the nature of the event

District of Columbia v Heller

2008

A: SC cases in which the court has struck down laws that conflicted with the constitution

S: DC banned the possession or registration of handguns although the law allowed the police chief to issue a one year license. DC special officer was denied permission to keep a weapon

H: SC held the law violated the 2nd amendment

TN v Garner

1985

A: SC cases in which the court has struck down laws that conflicted with the constitution

S: police offer shot a burglar suspect. Officer was in accordance with state law that authorized deadly force under the circumstances and the court favored the police

H: SC aggreed with COA because the 4th and 14th amendment required the use of force must be reasonable. The use of deadly force is limited to situations where the perpetrator posed a serious and immediate threat. Not threat existed because the victim was not fleeing or fighting

AZ v US

2012

A: discussed the SC cases in which the court has stuck down laws that conflicted with the constitution

S: the field of immigration was preeminent and the state had no right to regulate. If you work illegally it is a misdemeanor and if you fail to comply with federal alien registration requirements a misdemeanor

H:US gov has power to regulate immigration based on the constitution and on the fact that immigration policy can affect trade investment and diplomatic relations for the entire nation

binding case law

case law that must be followed by lower courts

OH v robinetter

1996

A: discuess how a single case can have different precedence that is applied in a state case compared to a federal case

S: taffic stop for speeding in OH and the driver had no previous violations. the officer asked to search the car. The driver consented and drugs were found

H: the police are not required to tell a person they are “free to go before conducting a search. OH SC held that the OH constitution does require this warning

process of becoming a bill

1. legislation proposed

2. bill introduced

3. bill referred to the committee

4. once the bill is referred to the proper committee, the committee reviews and dicusses the proposal

5. bill voted on by legislators

6. action by the other house

7. executive options

pocket veto

if congress adjorns within 10 days of submitting a bill to the president and the president does nothing with the bill

initiative

an action by citizens to enact legislation through the voter process

referendum

a vote on whether to accept or reject proposed legislation or constitutional amendments

statutes at large

a chronological compilation of statutes

circuits

a court that serves a particular jurisdiction or geographic area, especially in multiple location; a certain court of general jurisdiction established by law

original jurisdiction

the power to first hear a case; court of original jurisdiction is where trial takes place

trial

the open-court process where all parties present evidence, question witnesses, and generally put their before the court

trier of fact

in trial, the one who determines the true facts; either a jury or, if a case is tried without a jury, the judge

federal jurisdiction

the power of the federal courts to hear a case

diversity of citizenship

a bases for federal court jurisdiction where the plaintiff and defendant are residents of different states

en banc

a term that describes the entire panel of judges on a court hearing a case

appellate jurisdiction

the power of a court to review what happened in a lower court

record

documentation of the proceed at trial used for an appeal

appellate briefs

a written document containing factual and legal contentions, prepared by attorneys dealing with an appeal in a case

jury instructions

the direction read to the jury by the judge; they simplify the law applicable to the case

affirm

used in connection with an appeal to uphold the lower court’s decision

reverse

used in connection with an appeal to change the lower court’s decision

remand

used in connection with an appeal to send back the lower court’s decision

presiding judge

the head judge for a particular court; sets the court’s agenda

philip morris usa v williams

A: demonstrates a case where the SC exercised its ability to decide what requests for review are granted and what factors the court might consider when deciding to hear a case

S: a widow of a heavy smoker sued the cigarette manufacture in state court for compensatory and punitive damages

H: SC granted a hearing and vacated the award of punitive damages, finding that the amount of the award violated the Due Process Clause of the U.S. Constiution