Legal Principles and Court Procedures in U.S. Law

Functions of the Law

Keeping the Peace, Shaping Moral Standards, Promoting Social Justice, Maintaining the Status Quo, Facilitating Orderly Change, Facilitating Planning, Providing a basis for compromise, Maximizing individual Freedom

Judicial Decision

Decision About an individual lawsuit issued by a federal or state court

Sources of Law in the U.S.

Constitutions, Treaties, Codified Law: Statutes and Ordinances, Executive Orders, Regulations and Orders of Administrative agencies, Judicial decisions

Precedent

A rule of law established in a court decision. Lower courts must follow the precedent established by higher courts

Stare Decisis

Latin for 'stand by the decision'. Adherence to precedent.

SCOTUS

The highest court in the United States, located in Washington D.C. The Supreme Court was created by Article III of the U.S. Constitution

Writ of Certiorari

An official Notice that the Supreme Court will review a case.

Unanimous Decision

All the justices agree as to the outcome and the reasoning used to decide a case. Decision becomes precedent.

Majority Decision

A decision of the court in which a majority of the justices agree as to the outcome and reasoning used to decide a case. The decision becomes precedent.

Plurality Decision

Decision of the court in which a majority of the justices agree to the outcome of a case, but not as to the reasoning for reaching the outcome. A plurality decision settles the case, but does not establish precedent.

Tie Decision

When there is a tie, lower court decision is affirmed. Does not become precedent.

Concurring Opinion

Agrees with the outcome of the case, but not the reason.

Dissenting Opinion

Does not agree with a decision, and sets forth the reason for their dissent.

Federal Court System Suit

When you have cases involving federal questions, which deals with the U.S. Constitution, treaties, or federal statutes and regulations. Cases may be brought to court if they do not involve a federal question, if there is a diversity of citizenship.

Full Faith and Credit Clause

Clause in the U.S. Constitution that states that a judgment of a court of one state must be given 'full faith and credit' by courts of another state.

Standing to Sue

Having some stake in the outcome of a lawsuit.

Personal Jurisdiction

Jurisdiction over the parties to a lawsuit.

Long Arm Statute

A statute that extends a state's jurisdiction to nonresidents who were not served a summons within the state.

In Rem Jurisdiction

Jurisdiction to hear a case because of jurisdiction over the property of the lawsuit.

Venue

The geographical location of the state court (county) of federal court (district) that will hear a law case.

Discovery (name the three methods)

Legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial. (Deposition, Interrogatories, Production of Documents)

Deposition

Oral testimony given by a party or witness prior to trial. Testimony is given under oath, and is transcribed.

Interrogatories

Written questions submitted by one party to another party. Questions must be answered in writing within a stipulated time. (typically 60-90 days) Answers are signed under oath.

Production of Documents

Request by one party to another party to produce all documents relevant to the case prior to the trial.

E-Discovery

Process where relevant electronic documents are discovered, exchanged, collected, preserved, and processed during a lawsuit. Examples include emails, voice mails, texts, pdfs, power point slides, social media posts, etc.

Motion for Summary Judgment

Motion that asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury.

Alternative Dispute Resolution (name the three ways)

Methods of Resolving Disputes other than litigation. (negotiation, arbitration, and mediation)

Negotiation

Procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute.

Arbitration

Form of alternative dispute resolution where the parties choose an impartial third party to hear and decide the dispute.

Mediation

Form of alternative dispute resolution in which the parties try to use a mediator to try and reach a settlement of their dispute.

Checks and Balances

System built into the U.S. Constitution to prevent any one of the three branches of government from becoming too powerful.

Commerce Clause

Clause in the U.S. Constitution that grants congress the power to 'regulate commerce with foreign nations, and among the several states, and with Indian Tribes.'

Equal Protection Clause

Clause that provides that a state cannot 'deny to any person within its jurisdiction the equal protection of the laws.'

Strict Scrutiny Test

Test that is applied to determine the constitutionality of the classifications by the government that are based on a suspect class (e.g. race, national origin, religion, citizenship) or a fundamental right (e.g. voting rights, access to courts).

Due Process Clause (name the two kinds)

Clause that provides that no person shall be deprived of 'life, liberty, or property' without due process of the law. (Substantive and procedural)

Substantive Due Process

Category of due process that requires government statutes, ordinances, regulations, or other laws be clear on their face and not overly broad in scope.

Procedural Due Process

Category of due process that requires that the government give a person proper notice and hearing of the legal action before that person is deprived of their life, liberty, or property.

Privileges and Immunities Clause

Constitutional provisions that prohibit states from enacting laws that unduly discriminate in favor of their residents.

Tort

A wrong.

Intentional Tort

Category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiffs injuries.

Fraud

The intentional defrauding of a person out of money, property, or something else in value.

Elements of Fraud

1. The wrongdoer made a false representation of a material fact. 2. The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. 3. The innocent party justifiably relied on the misrepresentation. 4. The innocent party was injured.

Negligence

The failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

Elements of Negligence

1. Duty of Care. 2. Breach of the Duty of Care. 3. Injury to Plaintiff. 4. Actual Cause. 5. Proximate Cause (how far down the chain does one stay liable?).

Assumption of Risk

A defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Contributory Negligence

Doctrine that says that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. (if someone is 20 percent at fault, they can't sue the person who is 80% at fault).

Comparative Negligence

Doctrine under which damages are apportioned according to fault.