Law Notes Review: Flashcards

Practice flashcards covering key legal terms, concepts, and procedural aspects from the lecture notes.

What is the fundamental source of the rule of law?

The Constitution.

What principle dictates that state laws must yield to federal laws in case of conflict?

The Supremacy Clause.

What is a primary duty of the judiciary regarding legislative acts?

The power to declare legislative acts unconstitutional.

What authority allows each state to pass laws for its internal regulation and government, based on health, safety, and morals?

General Police Power.

What kind of statutes provide punishment for offenses committed against the state?

Penal statutes.

What principle states that doubts about the meaning of a statute are resolved in favor of the accused, without enlarging its meaning?

Strict Construction.

What doctrine states that if the federal government occupies a certain field, state laws in that field are invalid?

The Preemption Doctrine.

What legal principle means 'to stand by its decisions' and requires lower courts in a jurisdiction to follow previous judicial decisions on similar issues?

Stare Decisis.

What part of a judge's opinion is not essential to the case reasoning but is noted as potentially important for the future?

Dicta or Dictum.

How does a court review a lower court decision 'de novo'?

It reviews the case as if there wasn't a lower court decision, without considering the previous ruling.

What is the general presumption regarding the application of a court decision?

That it applies retroactively.

What type of law dictates how litigation works?

Procedural law.

What type of law interprets a statute to determine what the law actually is, relating to the merits of a case?

Substantive law.

What legal issue arises when the facts of a case span multiple states, requiring a court to choose between different state laws?

Conflict of Laws.

What traditional approach in conflict of laws for tort cases applies the law of the place where the wrong was committed?

Lex Loci Deliciti Commissi.

What rule for resolving conflict of laws applies the law of the place with the most significant contacts with the incident?

The Significant Relationship Rule.

What is jurisdiction in a legal context?

The power or authority of a court to determine the merits of a dispute and to grant relief.

What type of jurisdiction refer to a court's power over the type of case or subject of the lawsuit?

Subject matter jurisdiction.

What type of jurisdiction refers to a court's power over the parties involved in a lawsuit, namely the plaintiff and defendant?

Personal (in personam) jurisdiction.

What type of jurisdiction gives a court power over the property that is in dispute?

In rem jurisdiction.

What period occurs between the triggering event of a suit and the filing of the complaint?

The Informant Discovery Period.

What type of fee agreement guarantees an attorney compensation only if money is recovered for the client?

A contingent fee agreement.

What constitutional requirement helps preserve legal differences between states by requiring them to recognize each other's legal acts and judgments?

The Full Faith and Credit requirement.

What action by a defendant signifies their submission to a court's jurisdiction by arguing the case on its merits?

A general appearance.

What type of statutes allow a state to exercise personal jurisdiction over non-resident defendants based on their minimum contacts with the state?

Long Arm Statutes.

What type of personal jurisdiction can be established by a single act or minimal contact of a non-resident defendant with the forum state?

Specific personal jurisdiction.

What method of serving a summons and complaint involves mailing it by certified mail and leaving it with a person of suitable age and discretion at the defendant's address?

Substituted service.

What method of serving a summons involves publishing notice in a legal announcement section of newspapers?

Constructive service.

What examination process for jurors means 'to speak the truth' and helps determine their suitability?

Voir dire.

What type of challenges during jury selection allow attorneys to dismiss potential jurors for almost any reason, excluding race or gender?

Peremptory challenges.

What court order requires a person to appear in court and bring specific documents?

A subpoena duces tecum.

What type of question suggests the desired answer to the witness?

A leading question.

For evidence to be considered relevant, what must it logically tend to do?

Logically tend to prove or disprove some issue of consequence that is in dispute at the trial.

What kind of evidence tends to prove something of importance to the case?

Probative evidence.

What does it mean for evidence to be 'competent'?

It means the evidence is legally adequate.

What type of suit involves a dispute between private individuals or entities concerning a breach of agreement or a duty imposed by law?

A civil suit.

What clause of the U.S. Constitution grants Congress the power to regulate commerce among the states, with foreign nations, and with Indian tribes?

The Commerce Clause.

What legal system is characterized by judges deciding cases and rules of law evolving based on those judicial decisions, which are then followed?

Common Law Legal Systems.

What legal system features very detailed, comprehensive legislative codes as the primary source of law, with judges basing decisions on these codes rather than binding precedent?

Civil Law Legal Systems.

How is the Federal Constitution often described in terms of state protections?

It is described as a 'floor,' meaning states cannot go below its protections but can provide more.

What power allows states to pass laws based on general health, safety, and morals?

Police power.

What is the scope of the federal government's power to legislate?

It can only exercise authority granted by the Constitution, either expressly or by implication.

What is one of the most important powers granted to the federal government in Article I of the U.S. Constitution?

The power to regulate interstate commerce.

What is the primary function of the legislative branch?

To create law by enacting statutes.

How do checks and balances apply to the legislative process at the federal and state levels?

The executive branch can veto bills, and the judiciary can challenge the constitutionality of enacted laws.

Which two constitutional clauses were often used together by courts to justify extensions of federal authority, particularly in regulating economic activity?

The Necessary and Proper Clause and the Commerce Clause.

What was the Supreme Court's ruling in US v. Lopez regarding the Commerce Clause?

Congress did not have constitutional authority under the Commerce Clause to enact the Free Zone School Act of 1990.

In NFIB v. Sebelius, why did the Supreme Court rule that the government could not compel individuals to buy health insurance under the Commerce Clause?

The Court stated that regulating commerce implies an existing market, and Congress cannot compel individuals to participate in commerce.

For what public purposes can state police power be exercised?

To preserve public health, welfare, safety, and morals, and it cannot be exercised for private purposes.

What U.S. Constitutional amendment supports the broad police power of states?

The 10th Amendment.

Which clause in Article IV of the U.S. Constitution establishes that federal laws take precedence over state laws when there is a conflict?

The Supremacy Clause.

What power allows the judiciary to declare legislative acts unconstitutional?

Judiciary duty (power to declare legislative acts unconstitutional).

Which landmark Supreme Court case established the principle of judicial review, allowing the judicial branch to declare legislative acts unconstitutional?

Marbury v. Madison.

What type of law, prohibited by the Constitution, retroactively makes an act criminal that was not criminal when committed, or retroactively intensifies punishment?

Ex Post Facto Law.

What are legislative acts that single out an individual or group for punishment without a judicial trial, and are prohibited by the Constitution?

Bills of Attainder.

What is the primary goal of courts when interpreting the meaning of a statute?

To ascertain the intent of the legislators.

Under what doctrine can a statute be invalidated if it is so unclear that a person of ordinary intelligence cannot understand its meaning?

Void for vagueness.

What is the distinction between judicial and legislative functions regarding the law?

To declare what the law IS is judicial, while to declare what the law SHALL BE is legislative.

How are doubts about the meaning of a penal statute generally resolved under the principle of strict construction?

They are resolved in favor of the accused, and the meaning is not enlarged beyond the fair meaning of the language.

What are the key components of Stare Decisis?

Precedent and holdings, which are the rule of law applied to the facts.

What benefits does the principle of Stare Decisis promote in the legal system?

Continuity, stability, speed, economy, and adaptability.

What is the difference between a 'holding' and 'dicta' in a judicial opinion regarding its binding nature?

A holding is the binding rule of law applied to the specific facts, while dicta are non-essential judicial opinions and are not binding.

What are the requirements for a judicial decision to be considered binding precedent?

There must be a holding, it must come from the majority opinion, and it must be reported or published.

What does it mean for a judicial decision to have 'retroactive effect'?

The decision controls the legal consequences of causes of action that arose before the announcement of the decision.

What does it mean for a new judicial rule to have 'prospective effect'?

The new rule will only apply to cases that arise after the decision is announced.

What legal principle prevents a cause of action from being re-litigated if it has been previously decided?

Res Judicata.

What legal defense prevents a lawsuit from proceeding if the plaintiff failed to initiate the action within the legally prescribed time period?

Statute of Limitations.

What principle regarding judicial precedent was demonstrated in BPI v. Nationwide concerning faulty workmanship and insurance coverage?

Courts may apply precedent retroactively, even if it impacts existing contracts or prior understandings of the law.

What is the general presumption regarding the temporal application of court decisions?

Court decisions are presumed to apply retroactively.

Which type of law, procedural or substantive, is more likely to be applied retroactively?

Procedural law.

Which type of law, procedural or substantive, is more likely to be applied prospectively?

Substantive law.

When there is an absence of direct legal precedent, what sources might judges rely upon for their decision-making?

Their own sense of justice and philosophy of law, potentially drawing from books, lyrics, or the decisions of courts in other countries.

In Strunk v. Strunk, what legal concept allowed a Court of Equity to authorize an organ transplant from an incompetent person, by drawing on historical legal powers?

The Court of Equity's power over the personal affairs of an incompetent person, informed by English law, in the absence of direct precedent.

What two main situations typically give rise to a 'conflict of laws' issue?

When the facts of a case occurred in more than one state, or when an event occurred in one state and the lawsuit is brought in another.

What rule applies to state courts regarding procedural law when a conflict of laws arises?

State courts always follow their own procedural law, even if they apply the substantive law of another state.

In tort cases, under the Lex Loci Deliciti Commissi rule, where is 'the place of the wrong' considered to be?

Where the last event necessary to make the actor liable takes place, or where the person or thing harmed is situated at the time of the wrong.

What factors are considered under the Significant Relationship Rule in conflict of laws for tort cases?

Where the injury occurred, the residence or place of business of the parties, and where the relationship is centered, with the presumption of the place of tort being rebuttable.

What did Norris v. Myers demonstrate regarding the application of conflict of laws rules in federal court?

It demonstrated that under the Erie Doctrine, a federal court applies the conflict of law rules of the state where it sits, and how the lex loci delicti commissi rule may be applied, considering the most significant connections.

What is the primary function of a judicial system?

To resolve disputes according to law.

What powers does the legislative branch have concerning the judicial system?

The right to establish and change courts, regulate procedures, and limit their jurisdiction.

What did Finstuen v. Crutcher establish regarding same-sex adoptions and the Full Faith and Credit Clause?

It established that states must recognize same-sex adoptions from other states under the Full Faith and Credit Clause, dismissing public policy as a reason to refuse.

What is the primary role of trial courts?

To hear and decide controversies by determining facts and applying appropriate rules.

What is the primary role of appellate courts?

To review the decisions of trial courts to determine whether the trial court acted in accordance with the law and whether the appellant properly preserved the error.

What is a 'bench trial'?

A trial where a case is litigated before a judge without a jury, and the judge controls the trial and determines the outcome.

In a jury trial, how are decision-making functions divided between the judge and the jury?

The judge instructs the jury and supervises the process, while the jury decides who wins.

How is subject matter jurisdiction typically defined for state courts?

State legislatures enact statutes that define the types of controversies that can be litigated in each court.

Can parties involved in a lawsuit confer subject matter jurisdiction on a court by contract?

No, parties cannot by contract confer subject matter jurisdiction on a court.

What constitutional requirement must be met for a court to impose binding liability on a person?

Jurisdiction over the person (personal jurisdiction).

How is general personal jurisdiction established over an individual?

If the individual is a citizen of that state, the court always has personal jurisdiction over them, not tied to the specific lawsuit.

Besides being served within state boundaries, what are some methods to establish personal jurisdiction based on 'sufficient minimum contact'?

Giving general appearance in court, allegedly committing a tortious act within the forum state, or being involved in a collision while driving in another state.

What is the purpose of a Long Arm Statute?

It permits the exercise of personal jurisdiction over non-resident defendants who have sufficient minimum contact with the forum state, allowing service of process in another state.

What did Alan Kaye, MD v. Ronald A. Karp demonstrate about specific personal jurisdiction?

It showed that even a single act, such as an attorney traveling to a state for a deposition, can establish sufficient minimum contact for specific personal jurisdiction.

For in personam jurisdiction purposes, where is a corporation considered a 'citizen'?

In the state where it is incorporated and where it has its primary place of business/main office.

What type of jurisdiction allows a state court to resolve disputes concerning property located within its borders?

In Rem Jurisdiction.

What is a fundamental procedural due process requirement for the court regarding the defendant?

The court must give proper notice to the defendant.

What legal concept determines the specific geographic location where a judicial authority should be exercised within a state?

Venue.

What doctrine permits a court to dismiss a case or transfer it to another court if it determines that another forum is significantly more appropriate and convenient?

The doctrine of forum non conveniens.

What are the three main tiers of the federal court system?

District Courts, Courts of Appeals, and the U.S. Supreme Court.

When does federal courts have subject matter jurisdiction based on 'federal question jurisdiction'?

When the case involves claims based on the U.S. Constitution, federal laws, or treaties.

When does federal courts have subject matter jurisdiction based on 'diversity of citizenship'?

If the suit is between people from different states and the amount in controversy exceeds $75,000.