BLA 201

The United States legal system is comprised of a ___ justice system and a ___ justice system.

civil + criminal

Can an individual/ business be legally accountable under both systems for harm caused by the same event?

Yes, although not typical.

Who is the party initiating a lawsuit against an organization or individual for civil justice cases?

Plaintiff (legal action= lawsuit/litigation)

Who is the party initiating a lawsuit against an organization or individual for criminal justice cases?

the government (legal action= prosecution)

What is the primary objective of the legal action for civil justice cases?

compensation for injury by defendant

What is the primary objective of the legal action for criminal justice cases?

retribution/ rehabilitation

What is the consequence if the defendant loses in a civil justice case?

pays money

What is the consequence if the defendant loses in a criminal justice case?

imprisonment (or other restriction on ability to move about society freely); restitution in some cases

What is the burden of proof in a civil case?

Preponderance of the evidence (51%)- more likely than not

What is the burden of proof in a criminal case?

beyond a reasonable doubt

What is the manner of expressing the verdict/ judgement in a civil case?

liable (to pay money) or not liable (to pay money)

What is the manner of expressing the verdict/ judgement in a criminal case?

guilty or not guilty

True or False

In the civil justice system, the injured party retains the right to choose whether to file a lawsuit and enforce their rights.

True

True or False

A party can defend himself by arguing that his actions were unlawful and, therefore, cannot be accountable.

False

What does burden of proof mean?

what degree of uncertainty that jury has to be convinced that the defendant committed the alleged wrongful act

How is the United States organized?

as a federal republic, comprised of one federal government and 50 individual state governments

What creates our federal system of self-governance and also establishes certain rights that citizens hold against the government?

the Constitution

Unlike federal law, however, each state also creates another distinct source of state law referred to as the "___ ___".

common law

Name the three branches of the federal government.

Legislative, Executive, Judicial

Each branch has a distinct mission and authority in this self-governing process (commonly referred to as the doctrine of "___ ___ ___".

separation of powers

What relationship of these branches ensures that no one branch exercises more authority than any other in this self-governing process? What is the intention for this?

checks + balances; guard against tyranny

What is the mission of the legislative branch?

to enact law

What two district bodies is the legislative branch comprised of?

Congress which is comprised of the Senate and the House of Representatives

How many senators are there?

100 (2 per state)

How many House of Representatives are there?

435 (changes based on population)

List the job requirements to become a Senator.

-at least 30 years of age

-citizen for at least nine years

-resident of the state he seeks to represent

List the job requirements to become a representative.

-at least 25 years of age

-citizen for at least seven years

-resident of the state he seeks to represent

Any law with a name that ends in the word "Act" is a statue, a law that comes from a ___ body.

legislative

How a bill becomes a law

1. written 2. discussed in committee + voted 3. discussed in House of Reps. and Senate + voted on in both 4. President signs it or vetoes it (which brings back to Congress, needs 2/3 vote to override veto)

What is sometimes referred to as the "fourth branch of government"?

Administrative Agencies

Administrative Agencies make laws, known as ___.

Regulations

What is the mission of the executive branch?

to enforce law

Who holds the executive power?

president

List the job requirements to hold the position of president.

-at least 35 years old

-natural born citizen

-resident of US for at least 14 years

The President can make law by issuing ___ ___ and entering into ___.

executive orders; treaties

Who possess the authority to nominate individuals to serve on the federal courts when vacancies occur?

president

Who must all nominations be approved by?

simple majority vote of the Senate

What is the mission of the judicial branch?

to interpret law

The judicial branch is comprised of judges from all three levels of federal courts, which are?

district court judges, courts of appeals judges, and supreme court justices

List the job requirements for the federal branch.

"hold their offices during good behavior" aka lifetime tenure

True or False

Cases tend to require judges to define rights or enforce boundaries.

True; In the federal system, judges are required to interpret the Constitution to determine the scope of rights available to individuals and entities.

In some cases, judges may be called upon to interpret the constitution to determine whether another branch of government is acting within the scope of its ___ authority.

constitutional

In addition to interpreting the Constitution, federal judges often need to interpret ___ that were enacted by Congress.

statues; These kinds of cases may arise because the language used in the statue is vague or broad in subject to multiple meanings.

In addition, federal judges also may have to review actions of the ___ branch of government and review actions by administrative ___.

executive; agencies

The President and the Senate jointly have a role to pay in creating ___ and in appointing the heads of federal agencies as well as in filling ___ on the federal bench, thereby indirectly shaping the development of law.

treaties; vacancies

The common law is another significant source of law in the US that is made by ___.

state court judges

The process of following precedent is based on the principle of stare decisis, which means to what?

stand on decided cases

What does our Constitution do?

-create our self governing structure

-provides rights to citizens against government

How do members of Congress get their jobs?

Elected by the people

How does the president get their job?

elected

How do judges get their jobs?

appointed by the president and confirmed by the senate

The president has the power to enter into treaties but first must obtain a what majority from who?

2/3; Senate

What article is the legislative branch?

Article 1

What article is the executive branch?

Article 2

What article is the judical branch?

Article 3

What does filibuster mean?

political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent decision

To enact a statue, you must have what from Congress?

majority vote in both houses

What are the president's three options after Congress gives majority approval for a statue?

1. sign

2. hold for 10 days

3. veto

To override a presidential veto, what is required?

2/3 majority vote in both house and senate

Congressional Budget Act of 1974 created a special legislative process referred to as "reconciliation" to expedite consideration of certain tax, spending, and debt limit legislation. What are the two advantages of this bill?

1. reconciliation bills are not subject to filibuster

2. scope of proposed amendments is limited

If a reconciliation bill is approved by Congress, does the bill follow the same process as any other bill by Congress?

yes

In attempting to reconcile the relationship between law and ethics, what view of decision-making assumes that if an action is legal, it must be ethical?

congruence view

Restrictive Compliance

Action is required by law; therefore, it must be ethical.

Opportunistic Compliance

Action is permitted by law; therefore, it must be ethical.

What are the two pragmatic responses to perceived unethical actions?

-Market response= consumer backlash

-Legal response= statues/regulations

Congress created two levels of lower ("inferior") courts, which are?

courts of appeals and the district courts

Every federal court resides within the boundaries of the state. Every state has at least ___ federal district court.

one

Is there a set number of judges for district courts?

no

As cases are filed with the court, how are they assigned to one of the federal judges? Who then will preside over the case as long as it remains in the district court.

randomly assigned

What does the "trier of fact" do?

determines what really happened and sorts out conflicting testimony to discern the truth as best it can

they are either a jury in jury trail or the judge in a bench trial

What does it mean to appeal a case?

to have your case reviewed by at least one higher court

How are the court of appeals divided up?

twelve geographic circuits as well as a Federal Circuit

As appeals are filed, the cases are randomly assigned to a __ personal panel, whose members will work together to decide that particular case.

three

True or False

At the appellate level, there are no trials or juries.

True

It is the responsibility of the ___ to identify the alleged errors for the court of appeals to consider.

parties

What are the judges in appellate courts only looking for?

a reversible error of law

What is the highest appellate court in the country?

supreme court

What is the Supreme Court comprised of?

nine justices, including the Chief Justice

True or False

When the Supreme Court decides a case, every lower court is bound is bound by its decision.

True

What must a party file that requests the Supreme Court to hear its case?

writ of certiorari

What two types of cases suggest the "best chances" for review in the Supreme Court?

1. cases that raise a federal question

2. cases that involve a "split in circuits"

When the Supreme Court grants certiorari, a party then needs to persuade a ___ of the justices that it should win the case.

five; "rule of five"

Federal courts only have subject matter jurisdiction, or authority, to hear two kinds of cases, which are?

1. cases involving federal law

2. cases involving citizens of different states where the amount in controversary exceeds $75k

A corporation may be sued in any one of the following states including?

1. its state of incorporation

2. the state in which it has its principle place of business

3. any state in which the corporation is doing business as long as the state has a long arm statue which permits the corporation to be sued there and the corporation has minimum contacts with the state

Courts must determine if they ___ jurisdiction over the case, in order to take it.

personal

In a civil case, the party sued is known as the ___.

defendant

When a defendant wants to sue the plaintiff, the defendant files a ___.

counterclaim

What terms are used to describe the parties of a counterclaim?

counterplaintiff and counterdefendant

What does it mean to have standing to sue?

plaintiff must establish that he or she is entitled to have the court decide the dispute

What are the two requirements for litigation?

1. standing- personal stake in the outcome

2. live controversy= actual dispute

What is summons?

a notice requiring the defendant to appear in court and answer the complaint issued by a clerk

What is long-arm statues?

(laws that exist in most states) allow YOU to be sued by someone in another state if your conduct (either personally, or having done something in this state that affected somebody else in the other state) injured another person.

What is extradition?

process of requesting and transporting the prisoner from one state to another

What is a class-action lawsuit?

one in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have similar claims

What are pleadings?

the legal documents that are filed with a court to begin litigation process

What is a complaint?

lawsuits begin by a plaintiff filling a pleading

The response to a written pleading is called a what?

answer

If the defendant does not respond in any way, the court may enter an order of ___ and grant the plaintiff the relief sought by the complaint?

default

What is discovery?

A method by which the opposing parties obtain information from each other to prepare for trial.

Discovery practice is designed to what?

ensure that each side is fully aware of all the facts involved in the case and of the intentions of the parties; aids trial preperation