intro to legal studies test 2: classification of law, civil litigation, and ADR

ways law can be classified

state/federal, civil/criminal, substantive/procedural

state law: preemption

the power of the federal government to prevent the states from passing conflicting laws and sometimes even to prohibit the states from passing any laws on a particular subject

civil law

law that deals with harm to an individual: contract, property/real estate, and tort (law that deals with harm to a person or a person’s property)

criminal law

law that deals with harm to society as a whole: murder, robbery, and arson

substantive law

law that defines our rights and duties. it defines what actions will violate the law and what our obligations are to each other

procedural law

law that deals with how the legal system operates

statute of limitations

the legal system imposes a limitation on how long a plaintiff has before he or she can no longer bring a law suit, and an example of procedural legal issue

jurisdiction

before any court can resolve a dispute between individuals, it must have the basic power or authority to hear the dispute and render a decision

plaintiff (π or Π)

the person, business, or legal entity who initiates a lawsuit in a civil case by filing a formal complaint against another party

defendant (∆)

the person, business, or entity against whom a lawsuit has been filed by the plaintiff

plead a case

to present arguments, facts, or reasons in support of someone or something. essentially, the documents that each side files with the court and serves on the other side to commence the lawsuit

what is complaint?

the basic ‘affirmative’ pleading. the initial document the plaintiff files is called the complaint. it states the allegations that form the basis of the complaint

what is a answer

the basic ‘responsive’ pleading. the pleading by the defendant to respond to the complaint. it contains the answers to the charges laid out in the complaint

the four components of a complaint

the caption, content, request for relief, and signature

what is the purpose of discovery

the stage where each side uses various legal tools to find out more about the strength of the opposing party’s case. it explores the opposing position, promotes settlements, equalizes resources, prepares for court, and fosters informed decisions.

depositions (discovery tool)

a person answers a question under an oath asked by the deposing attorney. the questions and answers are recorded and may be transcribed

ESI (production of documents and electronically stored information- discovery tool)

any data that is created, modified, communicated, or stored in a digital format and exchanged during the electronic discovery process

interrogatories (discovery tool)

formal, written questions sent by one party to an opposing party during the pretrial discovery phase of a civil lawsuit

request for admission (discovery tool)

a written discovery tool in a lawsuit where one party asks the opposing party to admit or deny the truth of specific facts, the application of law to fact, or the authencity of documents under oath

physical/mental examination

able to obtain physical or mental examination of another party if the condition of that person is in controversy. usuallu occurs in personal injury litigation. facts to be considered in ordering examination, whether need for the evidence outweighs invasive nature of exam, alternative methods of obtaining the same information, independence of the medical examination, and available of professional skills to conduct exam

voir dire

the legal process where a judge and attorneys question prospective jurors to identify biases, or test the competence of witnesses and the admissiblity of evidence

two challenges that lawyers can make when selecting jurors during voir dire

jurors can attempt to hide their biases and strict time limits. for example, judges can give lawyers only a few minutes to question dozens of potential jurors at once.

direct examination

an attorney questioning of his or her witness. no leading questions

cross examination

the questioning of an opposing witness. attorney may ask leading questions to discredit what the witness is saying

ADR (alternative dispute resolution)

refers to methods used to settle civil disputes (such as family, employment, or personal injury cases) as an alternative to having a court decide the dispute in a trial. primary types are negotiation, mediation, and arbitration.

advantage of ADR (alternative dispute resolution)

focuses on satisfying their shared and individual interests, developing creative options, and coming to a voluntary compromise rather than undergoing a rigid court trial

disadvantage of ADR (alternative dispute resolution)

parties either hand over complete decision-making authority to a third party whose ruling is binding (in arbitration), or risk facing extreme demands, rigid positions, and threats from the opposing side during adversarial negotiations