LEGL 2700 Exam 1

A patent is NOT an example of

Real Property

T/F: In cases heard by a jury, the jury decides questions of fact

True

Stare Decisis

Let the prior decision stand

T/F: District courts are state appellate courts

False

Jurisdiction

The courts power to endure a judgement against a person or property

Subject Matter Jurisdiction

Asks "Are you in the right court?" Ex. Juvenile court

Personal Jurisdiction

Asks "Does the court have jurisdiction over the defendant to bring them in?"

T/F: A court's ability to hear and decide a case can only be limited to subject matter

False

T/F: For a rule to be a law, it must come from the state and be backed by enforcement

True

Voir Dire

To speak the truth

Agency Law

The common law doctrine controlling relationship between agents and principals

T/F: An employer is always responsible if an employee gets hurt

False

Venue

Location --> does not have anything to do with jurisdiction

T/F: Constitutional Law is an example of public law

True

Law

A rule (formal social force) established by the state that is backed by enforcement

Characteristics of Law

1. from the state

2. written down

3. enforced by the police and courts

Rule of Law

A concept that laws are made generally and equally applicable

Characteristics of Rule of Law

1. The law is clear, accessible, stable, and just

2. Fair process of enactment

3. Justice is delivered timely

Property

A legal right that allows you to exclude others from your resources with the help of law enforcement to protect it

Real Property

Think realty (ex. house)

Personal Property

Tangible (ex. Water Bottle) and intangible (Ex. patent)

Other examples of property

obligations, rights, and legal entitlements

Public Property

Owned by the government

Private Property

Owned by you

Common Property

Owned by multiple people

T/F: Each aspect of law relates to property

True

Jurisprudence

The philosophy of law

Natural Law

Moral principles observable in nature determined by human reason (ex. Bill of Rights)

Positive Law

Man-made laws

Legal Realism

The law says one thing but what is actually being enforced is another (Ex. speed limiit)

Common Law

Emphasizes the role of judges in determining the meaning of laws and how they apply

Uncodified

Code is not written

Pros of Common Law

1. Ensures certainty, stability, and predictability in the law

2. Stare decisis - let the prior decision stand

3. Laws can be concise

Cons of Common Law

1. Volume of cases

2. Conflicting precedents

3. Distinction between the holding and dicta...

4. Rejection of precedent

Civil Law

Relies more on legislation than judicial decisions to determine what the law is

What is the only civil law state in the US?

Louisiana

Public Law

Law that affects everyone

Constitutional Laws

Supreme court decisions

Administrative Laws

Government agencies (ex. CDC, EPA)

Criminal Law

Punishable by incarceration

Types of Public Law

Constitutional, Administrative, Criminal

Private Law

Affects individuals or groups of individuals

Types of Private Law

Property, contract, and tort

Contract

How owners transfer resources involving

Tort

When my legal boundary is crossed by another (ex. hit by a car)

Civil Law pt. 2

Individual sues for damages or other appropriate relief (ex. breach of contract)

Criminal Law

Government brings suit to prove a wrong committed against society (ex. robbery, conspiracy)

Sanctions

Death, imprisonment, fines, removal from offices

Three Types of Crime

Treason, felony, misdemeanor

Hierarchy of Law

Judges --> State --> Federal

Federal Law

US Constitution, Legislation, Administrative Law

State Law

State constitution; statutes or acts adopted by the state legislature

Judges

Court opinion, precedent, citation

Legal Sanctions

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

Remedy

Right of an individual to take another person's resources as that person failed to meet the requirements of the law

Sanctions for Criminal Conduct

Death, imprisonment, fine, removal, disqualification

Sanctions for Breach of Contract

Damages, recision (cancellation), specific performance

Sanctions for Tortious Conduct

Compensatory and exemplary damages

Compensatory damages:

Damages to compensate

Exemplary damages

Punishments for extremely negligent wrongdoing

Judges

1. Oversee the initial trial of the case

2. Determine the rule of law

3. Serves as finder of facts

4. Renders a decision of the matter

5. Elected officials

Juries

1. Fact finding body

2. Guaranteed by the US Constitution

Grand Jury

Only for criminal cases

Petit Jury

Typical jury

Duties of a Lawyer

Counselor, Advocate, and Public Servant

Judicial Clerks

Assist the judges in day-to-day tasks (ex. scheduling)

Court Reporter

Trained to record everything that is said in the courtroom word-for-word

Bailiff

The guard in the corner who is keeping order in the courtroom (ex. all rise)

Trial Consultants

Formulate what the jury is hearing, how the issue can be presented so the jury can understand them, and may even choose the jury

Trial Courts

Entry-level courts, where the lawsuit is filled, only one judge

Appellate Courts

Intermediate-reviewing court, 3 judges

Supreme Courts

7-9 judges, called justices

T/F: Jurisdiction can be limited to a subject matter or area in which the parties live

True

Magistrate Court

Small claims court, late night hearings

Probate Court

Deals with estates

Municipal Court

City court, smaller violations like noise complaints

Business Court

Hears complex business litigation

State court

Misdemeanors, certain traffic offenses, civil disputes

Superior Court

Handles felonies, real estate and family matters, civil disputes, takes a long time, in every county

How many counties are in Georgia?

159

Georgia Court of Appeals

Only answer questions about if the law was properly applied by the trial court

United States District Court

Georgia has 3, 94 in the US total

Federal Appellate Courts

Circuit courts of appeal, SCOTUS

What circuit is GA in?

11th

Judicial Review

The ultimate power to invalidate actions by the executive or the legislative branches

Judicial Restraint

Power should not be used except in unusual cases

Judicial activism

Power should be used when the needs of society to justify its use

Sotomayor

Left

Kagan

Left

Brown Jackson

Left

Roberts

Swing (Chief)

Alito

Right

Thomas

Right

Gorsuch

Right

Kavanaugh

Right

Coney Barrett

Right

Hierarchy of Laws

Case law, local ordinances, state regulations, state statutes, state constitutions, federal regulations, federal statues, US Constitution and Amendments

Litigation

The process that helps the business community resolve actual disputes

Spoliation:

When an attorney is hired for the injured party, they send a letter to the company requesting to retain all the documents (Ex. grocery store cameras)

Express Authority

Given something to do, go do it