Comprehensive Legal Principles: Law, Court System, and Sources

Law

Rules established by the government and backed by enforcement.

Theory

Adequate enforcement institutions are necessary to maintain order in society.

Rule of Law

Laws should be generally and equally applicable, applies to all members of society, rule of law nations adopt laws supporting the private market, judges play a vital role in maintaining the rule of law, and the government itself is subject to the rules of government.

Property (Ownership)

Legal right that allows a person to exclude others from his/her resources.

Types of ownership

Public, Private, Common.

Exclusionary right of property

Provides a basis for the private market and modern business.

Classification of Law

Common law and civil law.

Common law system

Emphasizes the role of judges in determining the meaning of laws.

Civil law system

Relies more on legislation than judicial decisions for law.

Public Law

The regulation of society.

Constitutional law

Interpretation and application of federal or state constitutions.

Administrative law

Government agencies, bureaus, and commissions.

Criminal law

Offenses against the proper order of the government/society.

Private Law

Covers legal problems and issues that concern private resource relationships.

Property law

Exclusive right to resources.

Contract law

Legal agreements between parties.

Tort law

Civil harms (no contract).

Civil Cases

Include suits for breach of contract or tort cases, involve requests for damages or appropriate relief.

Criminal Cases

A government representative attempts to prove the wrong committed against society, resulting in punishment.

Substantive law

Defines the legal relationship of people with other people or with the state.

Procedural law

Method and means by which substantive law is administered - how cases move through courts, how to serve a lawsuit, etc.

Sources of Law

Federal law, State law, Judicial decisions or case law.

Judicial decisions or case law

Judges interpret the constitutional, legislative, and regulatory laws.

Opinions

Decisions made by judges on legal issues that become precedent for future cases.

Stare decisis

Judges follow precedents whenever possible, ensuring certainty and predictability in the law.

Legal Sanctions

Methods used by law enforcement officials and courts to encourage or force compliance with and obedience to the law.

Breach of contract

Failure to perform contractual promise.

Remedies for breach of contract

Damages (money), Compensatory, Consequential, Specific performance - order to perform under the contract.

Tort

Civil wrong.

Remedies for Tortious Conduct

Compensatory damages (Money), Punitive damages (Exemplary/punishment damages).

Judges

Trial Court.

Justices

Reviewing court (often called appellate court).

US Supreme Court

SCOTUS.

Grand Jury

16-23 people; indictments.

Petit jury

6 to 12 people; trials.

Bench trial

No jury.

Lawyers

'Officer of the Court' with the primary purpose of providing legal advice.

Attorney-client privilege

The communication between the client and attorney/legal team made with a reasonable expectation of confidentiality.

Third parties

Non-legal advice

Imminent harm

Intention to lie under oath

Subject Matter Jurisdiction

Power over the issues involved in the case.

Probate courts

Usually deal with wills and estates of deceased persons.

Juvenile courts

Juvenile crime and truancy; termination of parental rights.

Trial courts

Initial level for filing lawsuits or prosecuting crimes.

Appellate courts

Review of the trial court's case by a higher court.

Supreme courts

The highest appellate court (State or Federal level).

Writ of certiorari

Procedure for requesting a state supreme court review.

Federal Question

US Constitution or federal statute issues; no dollar limit, and need not be a suit for damages.

Diversity of citizenship

Plaintiffs/Defendants - all citizens of different states; each claim must be greater than $75,000.

Principal place of business

"Nerve center" of a corporation.

District Courts

Trial courts of the federal judicial system; at least one court in every state and the DOC.

Federal Rules of Civil Procedure

Procedures to be followed in ALL federal court litigation.

Non-unanimous verdicts

The judge may decide not to allow it.

Hung jury

A judge can declare a hung jury, which results in a mistrial.

Plaintiff

May hire an attorney to file a civil case.

Criminal case initiation

Only the state/government can initiate a criminal case.

Pro se

Represent yourself in civil or criminal.

Litigation

Resolves disputes; rarely results in a trial, usually settles before going to court.

Standing to Sue

To have standing, a litigant must demonstrate: Injury in Fact, Causation, Redressability.

Jurisdiction

Jurisdiction determines a Court's authority to hear a case, while standing ensures the plaintiff has a legitimate stake in the outcome.

Standing

Even if this Court can hear this case, does THIS plaintiff have the ability to bring this case?

Personal Jurisdiction

Court must have authority over the parties in order for the case to be heard in that court.

Plaintiff Submission

Plaintiff voluntarily submits to the jurisdiction of the court.

Defendant Service

Defendant gets a summons/service of process.

Long-arm statutes

Laws that allow for personal jurisdiction over out-of-state defendants.

Extradition

For criminal, in county or federal district where the crime was allegedly committed.

Class Actions

Many plaintiffs are joining together.

Commonality

Questions of law or fact are common to the whole class.

Civil Pleadings

States with a complaint (statement of claim), service of process, and defendant's answer.

Default

If the defendant doesn't respond to the complaint.

Pleadings

Everything filed with the court to begin the civil litigation process.

Motion

A request by one party asking the Court to order something to happen.

Statute of Limitations (SOL)

Varies by state and type of case.

Discovery

Parties exchange evidence.

Interrogations

Written statements taken under oath.

Depositions

In-person statements taken under oath.

Litigation Hold

Put a hold on all document destruction when there is pending or imminent litigation.

Arbitration

An arbitrator hears evidence; binding.

Mediation

A mediator helps the parties reach a settlement; not binding.

Voir Dire

Asking the potential jury questions.

Judgment Notwithstanding the Verdict (JNOV)

Immediate post-verdict issues.

Res Judicata

Case has been finally decided and cannot be re-litigated.

Post-Judgment Enforcement

Enforcement of the judgment for damages: garnishment, seizing property, etc.

Commerce Clause

Provides the federal government with the power to regulate business activity involving foreign nations and interstate activity.

State Police Powers

State legislation for the general welfare can affect commerce as long as it's not an undue burden.

Full Faith and Credit Clause

States must recognize judgments from other states.

Contract Clause

States cannot enact laws that impact rights and duties under existing contracts.