POL221 Exam I

law versus ethics

law is the rules that are enforced through social institutions, while ethics are what morally “ought to be done.” law seeks to emulate ethics, but is often bound by systems of majority rule that can be influenced by shifting political and societal norms

civil versus criminal procedure

criminal procedure involves the state prosecuting a defendant for violating the law and employs the “beyond a reasonable doubt” standard, while civil procedure depends on a plaintiff filing for money, liability, or an injunction and only requires a “preponderance of evidence”

types of law

procedural, substantive, constitutional, torts, administrative, statutory, case, common

how is the US a common law country?

the US uses law and precedent. the decisions made by judges goes against positive law (the will of the majority)

caveat emptor

legal principle in common law that the consumer takes the risk of a faulty product upon purchasing it. the united states eventually developed consumer protections

substantive law

substance of the law, varies across leg. districts

procedural law

legal procedures including due process

functions of law in society

1. distribute benefits

2. social programs

3. proscribes certain activities

4. reflect’s society’s values

5. provides predictability

why is stare decisis important?

it promotes SPF: stability, predictibility, and fairness

how many us district courts and us court of appeals are there?

89 us district courts and 13 us court of appeals

how are federal judges selected

nominated by president, confirmed by simple majority

how are wi judges selected

non-partisan elections. supreme serves 10, circuit and appeals serve 6, municipal serves 2-4

purposes of exchanging discovery

• both sides agree on certain facts ahead of trial

• foster settlements as trials are timely and costly

• give attorneys time to prepare trial strategy

what discovery must be turned over?

• contact information of parties w/ discoverable info

• locations and copies of evidence

• liability insurance agreements

• non-sensitive materials related to the computation of damages

• experts identified

deposition

recorded statements from witnesses under oath to be used at trial. both attorneys and a court reporter are present

interrogatories

questions submitted to opposing party, must be answered under oath

ripeness elements

1. would waiting cause hardship?

2. are there clear facts that are fit for a legal decision?

standing elements

1. concrete injury

2. injury traceable to defendant

3. court decision would remedy or redress this injury

in rem

court power directed at a specific property within its jurisdiction. “against the whole world”

in personam

court power directed at a specific person. the defendant must live in , do business in, or consent to be served within the jurisdiction

venue

where a trial is held. in criminal cases, this is where the crime was committed. in civil cases, there is a “race to the courthouse”

what is the purpose of objections

to ensure due process and provide the grounds for an appeal

injunction

compelling party to stop or to continue doing something

adr methods

1. negotiation: no mediator, parties (and attorneys) reach agreement

2. mediator helps parties (and attorneys) reach agreement

3. witness and expert testimony, presentation of evidence, arbitrator issues binding or non-binding decision