A&S 351 Test 1

Chapters 1-5

Common Law

Jury decides on facts and awards damages

Equity Law

Judge decides based on law and grants restitution/other relief

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases

Jurisprudence

the science or philosophy of law

Committed to Rule of Law

No one is above the law

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

What applied due process to the federal government?

5th Amendment

What applied due process to the state governments?

14th Amendment

Criminal Law

Action brought by government against an individual accused of committing a crime

Main types of criminal law

Treason, felony (\>1 year of jail), misdemeanor (< 1year of jail time)

Standard of proof in a criminal case

beyond a reasonable doubt

Civil Law

A dispute between private individuals involving a breach of an agreement or duty

Contract

a legally enforceable agreement that is voluntarily entered and creates private duties for mutual advantage

Tort

A duty imposed by law; standard of conduct; operation of the law

Standard of proof in a civil case

preponderance of the evidence

The violation of a tort results in ....

injury to another (person, reputation, property, or business)

How are tort breaches solved?

Repayment of monetary damages

Intentional breach of a tort

Willful misconduct, intentional wrongdoing, not hostile, possibly a crime

Unintentional breach of a tort

Negligent act; standard of care (what would a reasonable person do)

Strict-Liability breach of a tort

Liability for dangerous things, even if taken care of (owner responsible for a reactive dog)

What are the steps of forming a contract?

Offer, acceptance, and consideration

What are the 4 ways to create a contract?

Oral, written, expressed, and implied

What is life described as?

Biological life, right to a lifestyle

What is liberty?

Personal rights, freedom to trade, right to contract, freedom from govt. restraints

What is property?

anything subject to ownership (real, personal, obligations rights, legal entitlements, education)

Substantiative due process

Challenges legislation that intrudes on fundamental rights (creates, defines, & regulates rights; defines legal relationships)

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

privacy rights

Extends from 9th&10th amendments (not in Constitution); rights reserved to the people

Constitution

Fundamental source of law; framework

The Constitution grants specified powers to ...

the federal govt.

The Constitutions grants all other powers to ...

the states (who can chose to grant greater protections)

Legislation

Elected representatives create laws/rules of conduct

Commerce Clause

Power of Congress to regulate commerce with foreign nations, among several states, and with Indian tribes

Supremacy Clause

Federal Laws govern when power is concurrent with state

State government

Separate sovereigns with powers granted by the Constitution

Police Powers

state power to effect laws preserving public health, safety, morals, and welfare

Marbury v. Madison

The Judiciary can interpret whether laws violate the Constitution (Judiciary Review)

Ex Post Facto laws

A law which punishes people for a crime that was not a crime when it was committed. Congress cannot pass these laws.

statutory construction

Courts look to legislative intent; criminal statutes cannot be arbitrary, unreasonable, capricious, or vague

Judicial Decision Making

The broad set of factors, legal and extralegal, that influence the judgements reached by judges. (precedent & common law principle)

Courts within a jurisdiction must ...

follow decisions of higher courts

Absence of Precedent

Cases of first impression; courts look to in-state, then other states, then federal, then English courts

lex loci delicti commissi (traditional)

apply the law of the state where the wrong (tort) was committed

Significant Relationships (Modern)

Apply law of place with the most significant contacts with the incident in disputes

Contract Cases

Generally the agreement of parties, but other factors are considered (i.e., the parties agree that any disputes will be disputed in MA)

Full Faith & Credit

Each state is sovereign, but are to honor the acts, records, and judicial proceedings of all the other states

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.

Civil law systems are based on ....

detailed legislative codes rather than judicial precedents

Civil Law Systems

Developed by academicians; reject precedent, don't use juries for civil cases, and avoid complex evidence rules

Court

Governmental body that is empowered to resolve disputes according to law; cannot initiate disputes only solve

Trial courts

Jury or bench; hears case, determines facts, applies law

The jury is the ...

Finder of fact

The judge is the ...

Decider of law

Verdict

the decision a jury/judge makes in a trial; the decision said by the jury

Special Verdict

A kind of verdict reached by a jury that makes findings of fact by answering specific questions posed by the judge. The judge then applies the law to the facts as the jury has found them.

Summary Judgement

A ruling by the court that no trial is necessary because some essential facts are not in dispute

Appellate Court

Reviews trial court decisions, rulings, proceedings, and judgement

What does the state court system consist of?

District, family, probate, small claims, etc

Jurisdiction

Power or authority of a court to determine merits of case and grant relief

subject matter jurisdiction

the power of a court to hear a particular type of case ( i.e., DV Court)

Personal/In Personal Jurisdiction

A court's authority over the parties to a lawsuit.

sufficient minimum contacts

determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state

One consent to jurisdiction when ...

They file a lawsuit, make a general appearance, and argue the merits

Long Arm Statutes

the court can exercise jurisdiction over out-of-state defendants if they had sufficient minimum contacts to warrant it

Jurisdiction over Property (In Rem Jurisdiction)

a court has jurisdiction over a case if it involves property located in that state, regardless of the residency of the parties to the lawsuit

Venue Jurisdiction

geographical area in which a lawsuit should be brought (may be different from where crime is committed - i.e., Scott Peterson)

Summons

a notice directing someone to appear in court to answer a complaint or a charge

Federal Court System

97 districts, 13 circuits (court of appeals), 1 SC

U.S. (Federal) District Courts

Original jurisdiction - subject matter jurisdiction limited by SC

What does the Federal Court system come from

Article 3 Section 1

US (Federal) District Court - Civil

Can often chose to bring in either federal or state court (often decline family & probate matters)

Other Fed courts

court of federal claims, US tax courts, US court of International trade, bankruptcy court, court of appeals for the armed forces

Appeal is a matter of ...

right

The SC reviews on lower court rulings of law and decide if the original decision was ....

Clearly erroneous

Federal Venue

Generally where the defendant resides, where claim arose, where property is located, where defendant has personal jurisdiction

Erie Doctrine

Federal courts use state substantive law

Rule of 4

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Scope of Review

may review both law and facts in civil matters. (only the law in criminal matters). Fact findings not disturbed unless there is manifest error

Removal from State to Federal Court

Actions started in state court can be moved to federal if requirements are met

What does a Plaintiff's complaint include?

Basis for jurisdiction, statement of facts giving rise to the cause of action, indication of relief being sought

What does the defendants answer to a complaint include?

A written response that includes admissions, denials, assert defenses, and raises counterclaims

pretrial motions

a motion a party can make to try to dispose of all or part of a lawsuit prior to trial (motion to dismiss, summary judgement, etc.)

discovery

Pretrial sharing of info between parties, to prevent surprise at trial ( must be relevant & informal)

Depositions (Discovery)

sworn testimony recorded by anyone and transcribed by a court reporter

Interrogatories

Written series of questions sent to parties

Other parts of discovery

Admissions or denials, production of documents, & physical/mental examinations

pretrial conference

A conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference.

voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Challenges (for cause)

a claim that a juror has demonstrated probable bias/prejudice

Peremptory Challenges

the right to excuse a juror for virtually any reason

Opening Statements

statements by opposing attorneys that tell the jury what their cases will prove

Presenting Evidence

Plaintiff goes first, must prove allegations

Subpeona

a document that requires a witness to appear at a trial or other proceeding to provide testimony.

rules of evidence

Rules governing the admissibility of evidence in trial courts. Must be relevant (tend to prove/disprove issues) and material (probative value)

Best Evidence Rule

The requirement that the original copy of a document be submitted into evidence

Hearsay

information received from other people that one cannot adequately substantiate; rumor.

privilege

a special right, advantage, or immunity granted or available only to a particular person or group of people. (husband/wife, attorney/client, doctor/patient, etc.)

Closing Arguments

arguments made by each side's attorney after the cases for the plaintiff and defendant have been presented