Quiz 1 (Law & Legal Reasoning)

Basic Functions of Law

Keeping the peace, maintaining order, facilitating planning, and promoting social justice.

Substantive Law

Law that defines, describes, regulates, and creates legal rights and obligations.

Procedural Law

Law that establishes the methods of enforcing rights established by substantive law.

Civil Law

The branch of law dealing with the definition and enforcement of private rights and duties.

Criminal Law

The branch of law that defines and punishes wrongful actions committed against the public.

Primary Sources of Law

Constitutions, treaties, statutes, administrative rules, executive orders, and common law.

Secondary Sources of Law

Publications that summarize or interpret law, such as legal encyclopedias, treatises, and law reviews.

Legal Interpretation Steps

Plain meaning, legislative history, public purpose, and public policy objectives.

Stare Decisis

The legal principle of determining points in litigation according to precedent ('adhere to decided case').

Departing from Precedent

Courts may depart from precedent if a decision was incorrect, or due to technological or social changes.

Legal Positivism

A school of jurisprudence focusing on strict construction and plain meaning without considering public policy or morality.

Natural Law

A school of jurisprudence based on a higher set of rules and universal moral principles.

Sociological Jurisprudence

A school of jurisprudence where decisions promote a social agenda and public policy.

Legal Realism

A school of jurisprudence focusing on law in action, shaped by judicial views and contextual influences.

Supremacy Clause

Establishes that the U.S. Constitution is the supreme law of the land.

Origins of Negligence Law

Developed in the early 19th century during the Industrial Revolution due to rising injuries from railroads and machinery.

Definition of Negligence

An unintentional breach of a duty of care by a person that results in harm to another.

Requirements for Negligence Per Se

Statute violation, plaintiff in protected class, harm of the type to be prevented, and violation caused damages.

To Whom is a Duty of Care Owed?

Anyone and everyone who is a reasonably foreseeable victim of your actions.

Affirmative Duty to Help

Generally, there is no affirmative legal duty to help others, barring specific statutory exceptions.

Traditional Premises Liability: Invitees

Duty to use reasonable care to protect them.

Traditional Premises Liability: Licensees

Duty to warn of hidden dangers.

Traditional Premises Liability: Trespassers

Duty not to willfully or wantonly injure them after their presence is known.

Modern Premises Liability View

Use reasonable care to protect all people lawfully on the property (invitees and licensees).

Standard of Care Standard

An objective standard: that of a hypothetical reasonable person of ordinary prudence in similar circumstances.

Actual Cause Test

Determined using the 'but for' test (injury would not have occurred without the defendant's act).

Purpose of Proximate Cause

Limits the scope of a defendant's liability to foreseeable plaintiffs and predictable risks.

Egg-Shell Skull Rule

Defendants take plaintiffs as they find them and are fully liable for heightened susceptibilities or injuries.

Res Ipsa Loquitur

'The thing speaks for itself' — an inference of negligence when an accident typically only happens due to negligence under defendant's exclusive control.

Negligent Infliction of Emotional Distress (Trend)

Third parties (like family) may recover for severe emotional distress if they witness harm to a loved one.

Comparative Negligence

Allows partial recovery of damages distributed based on the percentage of fault.

Contributory Negligence

Bars plaintiff recovery entirely if their own lack of care helped cause the injury (used in very few jurisdictions).

Last Clear Chance Doctrine

An exception allowing contributory negligence plaintiffs to recover if the defendant had the final opportunity to avoid harm.

Assumption of the Risk Defense

Requires proof that the plaintiff had knowledge of the risk and voluntarily assumed it.

Definition of Recklessness

A conscious disregard for a known high degree of risk of harm.

Strict Liability

Liability without fault for abnormally dangerous activities, wild animals, or defective products, regardless of care taken.

Tort

A private, civil wrong against persons or property designed to compensate and punish.

Compensatory Damages

Damages covering actual financial loss and intangible harms like emotional distress.

Punitive Damages

Damages exceeding actual losses designed to punish the defendant and deter misconduct.

Battery

An intentional, unconsented touching that is harmful or offensive.

Merchant Protection Statute

A defense against false imprisonment allowing reasonable detention and investigation of suspects.

Defamation Per Se

Statements so damaging that reputational damages are presumed without proof of special harm.

Actual Malice

The legal standard required for public figures to prove fault in defamation lawsuits.

Forms of Invasion of Privacy

False-light publicity, appropriation of name, and intrusion upon seclusion.

State Appeals Courts

Review trial court cases to correct legal errors; accept findings of fact.

State Trial Courts

Courts of record that find facts and apply the rule of law.

State Inferior Courts

Courts with limited jurisdiction and damages, no records, and trial de novo.

Federal District Courts

Federal trial courts of general jurisdiction; there are 94 districts.

Federal Courts of Appeals

Circuit courts that review district court decisions; there are 13 circuits.

U.S. Supreme Court Requirement

Requires a writ of certiorari to be heard.

Diversity Jurisdiction Requirements

Citizens of different states and an amount in controversy exceeding $75,000.

Federal Question Jurisdiction

Jurisdiction over cases involving federal law, maritime, bankruptcy, IP, or the U.S. Constitution.

Three Elements of Standing

Injury in fact, traceable to the defendant, and redressable by judicial opinion.

Jurisdiction vs. Venue

Jurisdiction is authority to hear a dispute; venue is the proper location.

Personal Jurisdiction

Jurisdiction over the person, based on home state or specific acts.

Subject Matter Jurisdiction

Jurisdiction over the specific category of subject matter, such as taxes or patents.

In Rem Jurisdiction

Jurisdiction over property.

Forum Non Conveniens

Evaluating cost and witness access to determine the proper forum.

Adversary System Advantage

Truth is revealed through opposing attorneys presenting cases and cross-examining.

Mediation

Voluntary ADR process where a mediator helps parties achieve a settlement.

Arbitration

ADR process resulting in a binding outcome decided by an arbitrator.

Complaint (Civil Procedure)

Initial pleading filed by the plaintiff stating facts, claims, and requested remedy.

Summons

Notice served to a defendant stating when to appear to avoid a default judgment.

Answer (Civil Procedure)

Defendant's response to a complaint, including affirmative defenses or counterclaims.

Discovery

Pretrial evidence-gathering process using depositions and interrogatories.

Civil Burden of Proof

Preponderance of the evidence (greater than 50%).

Criminal Burden of Proof

Beyond a reasonable doubt.

Appellate Court Review

Must show an error of law or procedure; accepts trial facts without a new trial.

Appellate Decision Options

The appellate court can affirm, reverse, or remand.

district court, special courts, court of appeals, u.s supreme court

the federal court system

what two types of cases do federal courts handle?

federal question (federal law) and diversity jurisdiction

are federal courts superior to state courts?

no