U.S. Con Law, Jurisdiction, ADR, Litigation

Treaties

formal agreements between nations

U.S. Constitution

the supreme law of the land

Statutory Laws

laws passed by legislature, approved by house of representatives and the senate

Administrative Laws

established by local, state, or federal regulatory agencies

Case Law

the rules of law announced in court decisions by judges

Supreme Court Justices Last Names

Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson

Standing to Sue

requires the plaintiff to have a vested interest in the outcome of the case

Venue

asks the court to consider which geographic location within a jurisdiction is most appropriate for a trial

Stare Decisis

courts relying on precedents set by previous cases

Jurisdiction

The authority of a court to hear a case

Subject Matter Jurisdiction

federal courts have jurisdiction over cases involving a federal question

Jurisdiction over persons (in personam)

for a court to hear a case, it must have jurisdiction over the parties to the dispute

Jurisdiction over property (in rem)

the location of a property determines the jurisdiction

Online jurisdiction

lacks a clear physical location, courts interpret and use traditional concepts of jurisdiction to e-commerce

Minimum contact

the amount of contact a defendant must have with a state for the state to have jurisdiction over that person or business

Zippo Case

sliding scale of jurisdiction based on level of contact

Alternative Dispute Resolution (ADR)

The resolution of disputes without the judicial process

ADR types

Negotiation, mediation, and arbitration

Negotiation features

private, less costly, ease of collections

mediation features

3rd party to resolve conflict, private, less costly, ease of collections

arbitration features

conduct mini trial, private, no experts, binding, cost less

Litigation

the process of taking legal action (lawsuit)

litigation features

public, trial, jury, judge, appeal, uses precedent, enforceability

pleadings

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case

Motions

defendant asks the court to take action on a case prior to trial

Discovery

allows parties to obtain relevant information from each other about facts of the case

Appeal

if either party is dissatisfied with the outcome of the trial, they have the right to appeal to a higher court

What's filed in state court?

family law, real estate, contracts, criminal

What's filed in federal court?

constitution, federal laws, diversity, 2 different states, complaint claims damages >$75,000

3 Branches of government

Legislative, Executive, Judicial branches

Legislative Branch

congress, makes laws

Executive Branch

president, enforces laws

Judicial Branch

judges, interprets the laws

First Amendment

freedom of speech, religion, press, right to assemble, and petition the government

Second Amendment

right to keep and bear arms

Fourth Amendment

right to be secure against unreasonable search and seizure, the right to be secure in persons, house, papers, and effect

Fifth Amendment

no one can be held to answer for a crime unless on a presentation to a grand jury, can’t be deprived of life or liberty of property without due process, private property can’t be taken for public use without proper compensation

Sixth Amendment

right to a fair trial, right to an impartial jury, to be informed of charges, and to have legal counsel

Common law

unwritten laws based on judicial decisions