US Law & Court Procedures: Key Concepts and Amendments

US law consists of

Written law and court decisons

Liability

State of being legally responsible

10th Amendment

Power not given to Federal government is given to the states

Uniform Laws

A model law developed by the National Conference of Commissioners on Uniform State Laws for the states to consider enacting into statute.

stare decisis

to stand on decided cases

Remedy in Equity

non-monetary remedy granted by the court

remedy at law

money damages

Specific Performance

A legal action to compel a party to carry out the terms of a contract.

Injunction

an authoritative command or order

Recision

To cancel a contract

4th amendment`

Right to be secure in persons, houses, papers, and effects

5th amendment

protections of due process for accussed persons

Miranda Rights

Rights that must be read to someone upon arrest. Includes the right to remain silent and the right to counsel.

Privilege and immunities clause

States cant discriminate against citizens of another state by denying them privileges and immunities they were granted by another state.

Full faith and credit

protects rights created by wills, deeds, and contracts in another state.

Commerce Clause

Congress can regulate interstate commerce

When can congress regulate intrastate commerce?

When it substantially affects commerce in another state.

Supremacy Clause

Constitution is the supreme law of the land

Bill of Rights

The first ten amendments to the Constitution

Police Power

Powers of each state to protect and promote public order, health, safety, morals, and general welfare

What two things are required to have standing to sue?

1. Something in controversy, 2. Justifiable controversy

Common law

a system of law based on precedent and customs

Damages

Sum of money paid to compensate for an injury or loss

Concurring

An opinion that agrees with the ruling of the majority ruling, but or a different reason than the majority.

Dissenting

An opinion that disagrees with the majority's decision

Majority

The opinion that decided the case.

Arbitration

The type of ADR most similar to a trial. The arbitrator's ruling is usually binding.

Mediation

ADR where the parties are assisted in coming to a decision outside of trial by a mediator. Usually not binding.

negotiation

Least formal type of ADR. Only involves the disputing parties and their attorneys.

litigation

the process of a lawsuit

Types of jurisdiction

personal and subject matter

Venue

Is this the court that makes the most sense for the people and case involved?

Standing

The ability to bring a case to court

Pleading

The documents that begin a case.

What documents do the pleadings consist of?

The complaint and the answer

Motions

A request for something to be granted by the judge

motion for judgment on the pleadings

Motion to decide the case based only on the evidence in the pleadings

Motion for Summary Judgment

Motion for the judge to decide the case before the trial

Necessary and proper clause

Congress can make any law required to carry out its powers

Double Jeopardy

Being tried twice for the same crime

Search and Seizure

Gov cant unreasonably search or seize your property. 4th Amendment

False Imprisonment

intentional confinement without justification

Retailers exception for false imprisonment

Can hold for a reasonable time in a reasonable place, with probable cause

Defamation

Outrageous speech that affects someone's reputation

What three things must you prove for defamation?

1. intent 2. false statement 3. the statement was published

published

Told or shared with a 3rd party

Slander

spoken defamation

Libel

defamation in writing

assault

Word or action intended to make a person fearful of imminent physical harm

Battery

physical contact that is unexcused, harmful or offensive, and intentionally performed

Negligence

careless neglect, often resulting in injury

what three things does negligence involve?

1. a legal duty, 2. A breach of duty, 3. Causation, 4. Damages

Causation

but for test and proximate cause