BLAW test 1

law

a system of rules that regulate the conduct of individuals, business and society

the concept of law is…

broad

disobeying may lead

sanctions or legal consequences

function of law: keeping peace ex.

some laws make certain activities crimes

function of law: shaping moral standard ex

discouraging alcohol and drugs

function of law: promoting social justice ex

prohibiting discrimination

function of law: maintaining status quo

preventing force full over throw of the government

function of law:facilitating orderly change ex

laws are made after considerable study

function of law: facilitating planning ex

zoning laws

function of law: providing a basis for compromise ex

laws allow for settlements and negotiations

function of law:maximizing individual freedom ex

us. constitution

The law is flexible even though…

Its the same language

jurisprudence (6)

The philosophy or science of the law

english common law can be divided into cases called

Law courts, Equity Courts, Merchant courts

Who brings criminal action

State/ Government

litigation

process of bringing, maintaining and defending a lawsuit.

process to trial

complaint, service of process, answer, discovery of pretrial motions, trial

order of priority

constitution, treaties, codified law (statutes), executive orders

doctrine of Stare Decisis

to stand on prior decision

how do justices come to decision

critical legal thinking

IRAC Method

whats the Legal issue? What is the Rule (law of case)? What is the courts Application? What is the Conclusion/ decision?

depositon

party being opposed asked under oath and recorded a bunch of questions.

motion for judgment on the pleadings

look at pleading and documents and tell that they win right there

who files the complaint

plantiff

What is a deposition?

Oral testimony given by a party or witness prior to trial

interrogatories

written questions submitted by one party to another

production of documents

a request from one party to another to produce all documents relevant to case prior to trial

class action

a lawsuit where a group of plantiffs with common claims collectively bring lawsuit against a defendant

Motion for Summary Judgment

a motion that asserts there were no factual disputes to be decided by the jury and the judge can apply proper law

Motion for Judgment on the Pleadings

before discovery, a motion that alleges if all facts presented are true then the party making the motion would win

peremptory strikes

permits each party to remove a juror without showing that the juror is biased

judicial branch

interpreting law

legislative branch

makes law

what power does the legislative branch have

declare war, borrow money, regulate commerce, collect taxes

dormant commerce clause

regulation by states should not undunly burden interstate commerce

supremacy clause

if their is a law the conflicts with the federal law then the federal law preempts.

due process

government cant take away propert,life, liberty

dangerous ex

yelling “fire”

fighting words

words that provoke a hostile response

intermediate scrutiny

gender, requirement of men to draft

establishment clause

prohibits government from establishing government sponsored religion or promoting one over the other

Plessy v Ferguson

reviewed a Louisiana law providing separate but equal accommodations in railway cars and upheld the law.

what struck down Plessy v Ferguson

Brown v board which that in the field of public education the doctrine of separate but equal has no place.

statutes

written laws enacted by legislative branch that establish certain courses of conduct that covered parties must adhere to

what is The US Congress empowered by

commerce clause and constitution to enact federal statutes

administrative agencies

created by legeslative and executive, adopt rules that regulate the conduct of covered parties

congress passed GENIUS act establishing federal framework or regulating stablecoins is an example of what type of law

legeslative/statute

The US, UK sign agreement on AI which is approved by 2/3 of senate is an example of what type of law

treaties

the EPA fines a company for violating the emissions standard it created is an ex of what type of law

regulations and orders

the document plaintiff files with the court to initiate the lawsuit

complaint

Court order directing Defendant to appear in court and answer the Complaint

summons

service of process

the Complaint and Summons are served on Defendant

what is required to certify a class

Commonality among the plaintiffs, impracticable for individual claimants to
bring multiple lawsuits against defendants, claims/defenses are common
(sufficiently similar) for plaintiffs/defendants and the representative parties
will adequality protect the interests of the class

physical or mental examination

in cases that in concerns, court can order the party an examination to determine plaintiffs injury

what does motion for judgment and summary BOTH have in common

pre trial, both goal of getting judgment from judge w/out trial

voire dire

process whereby the judge and attorneys ask prospective jurrors questions

when do errors of law occur

if prejudicial evidence was admitted at trial when it shouldnt have been

arbitration

neutral 3rd party hears case and makes rulling (binding) usually the AAA

mediation

parties work together to settle dispute and sign a contract

enumerated powers

expressed powers delegated to the federal govt by the states

Goal of Checks and Balances

keep any one branch from
becoming too powerful

necessary and proper clause

used to expand power/ role of federal govt

Wickard, Secretary of Agriculture v. Filburn

allows Congress to regulate activity that is not itself interstate commerce if the activity has an effect on interstate commerce.

incorporation Doctrine

most of fundamental guarantees contained in bill of rights are applicable to state and local govt action

fuly protected speech

political, oral, written or symbolic speech

rational basis test ex

age, farming

substantive due process

requires government statutes, ordinances and regulations be clear on their face

Double jeopardy clause of Fifth Amendment:

each sovereign has a right to prosecute a defendant once

what does double jeopardy prevent

prevents a sovereign from bringing a separate criminal lawsuit against the same defendant for the same criminal act