Legal Systems and Jurisdiction

These flashcards cover key legal concepts, terminology, and principles related to legal systems and jurisdiction as noted in the lecture.

Federalism

shared of powers between the federal government and state governments.

-local govt- sub category of state govt

legal system

framework of rules, procedures, institutions that a community uses to interpret and enforce their laws

legal system a jurisdiction uses will dictate among other things

-what laws will govern case, be it precedent, statutes, or community customs

-the role of the judge

-the role of attorneys

-the rights of the accused

-the standard of evidence

-what parties have the burden of proof

-who has the authority to decide cases, be they judges, juries, legislators, religious leaders, or community elders

6 primary resources

1. case law

2. executive order

3. admin law

4. constitution

5. stautes

6. treaty/s

4 types of legal systems

• common law

• civil law

• religious law

• customary law

2ndary law resources

• treatises

• law reviews

• lexis nexis

• restatements of the law (often highly respected in civil law)

• legal encyclopedias/dictionaries

• finding tools

procedures in the US are…

-adversal

-separate systems fed and state

procedural

criminal procedural rules, arraignment etc

civil→ how was discovery conducted

common law

area of law where there are no statutes

• US uses common law

case law (def)

law made by the courts

Stare Decisis

standing on things decided

trial court

1 judge

can demand a jury trial

general + special kinds of trial

appellate court = court of review

3 judge panel. (sit bunck)

looking for a legal error

oral arguments

can take it all the way to the court of appeals

colr

court of last resort

decisions….

majority decisions- become law

opinions: 2 types

decent- disagrees with holding

concurring- agrees with some decisions on the holding but for different reasons

(can use as persuasive writing)

mandatory v. persauive authority

mandatory- US Supreme Court & DE Supreme Court

persuasive-other legal sources- ex: cases from other jurisdictions, decisions from lower courts rulings

appellate court terminology

affirm

reverse

remand-send back to trial court

vacate- trial court never had jurisdiction to hear the case

overturn

federal question

what question is being federally questioned?

-federal criminal/civil cases

-no $$$ amount

-US Constitution (in question)-fed agency rules & regulations- substantive law

-executive orders

-treaties

diversity of citizenship

over $75,000

state question→ substantive law

uses state substantive law - federal procedural

Jurisdiction

The official power to make legal decisions and judgments.

-state & federal

original jurisdiction

1 court to see the case

appeallate jurisdiction

jurisdiction of review

geographical jurisdiction

boundaries of state 1 districts, subject matter jurisdiction, type of subject matter, which court will see what case.

personal matter jurisdiction

court has to have jurisdiction over persons or parties

state jurisdictions

-10th Amendment (reserve clause)

-police powers

local jurisdiction (venue jurisdiction)

which court has jurisdiction

exclusive jurisdiction

immigration law, fed has the power of that, bankruptcy proceeds

concurrent jurisdiction

2 or more courts have jurisdiction over matters

paralegal cannot:

-enter into attorney-client privilege

-set fees

-give legal advice

-represent in court

-sign court documents

Substantive Law

The part of law that creates, defines, and regulates rights.

ex: breach of contract; defins rights and duties

Procedural Law

The part of law that prescribes the steps for having a right or duty adjudicated in court.

stages of litigation

1. investgiations

2. pleadings

3. discovery

4. motions + ADR

5. trial

6. post trial

7. appeals

Civil law (def)

either to a branch of law that governs private rights and obligations, or to a legal system derived from Roman law and based on codified statutes

civil law: concepts

-plaintiff v. defendant

-plaintiff files complaint

-defendant answers + counterclaim

motion- appeal the court, types

-routine motions

-dispostive motions

-motion judgment on pleadings

-motion summary judgment

-evidentiary motions

discovery

To preserve evidence

• deposition- sworn oath; written questions asked under oath

• Request for production of documents-parties ask each other to produce documents

• interrogatories- written questions, parties direct toward each other

• Request for exam

• entry onto land

• request for admissions- request for fact statements with admit or deny

excuplatory evidence

information, document, or testimony favorable to a defendant in a criminal casein

Order of jury trial

-voir dire

-opening statements

-plaintiff case & chief

-defendants case & chief

-closing arguements

-instructions

-verdict (guilty/not guilty)

bench trail

judge hears the trial only- found liable/ not liable

Torts

Civil wrongs that cause a claimant to suffer loss or harm.

tort is…

private harm

3 broad catergories of Tort

-intentional torts

-negligence

-strict liability

intentional torts

-common element=intent to act

examples: Battery, assault, false imprisonment

affirmative defense

yes, I can prove the evidence, but….

negative defense

cannot prove evidence

negligence

causation-actual cause + proximate cause

negligence elements

duty

breach of duty

causation

damages

> plaintiff must prove all elements

negligence -standard (types)

-auto accident

-premise liability- some things slip & fall

-professional malpractice

Standard:

reasonable person standard

premise liability : concepts

trespasser- lowest duty of care- no booby traps

licensee- intermediate duty of care- social guest at home

invitee- highest duty of care- duty to repair, inspect, and fix

negligence-affirmative defenses 3

contributory: old defense (plaintiff at all negligent can’t win suit)
comparative: jury or judge would take into account plats defense & defendant's neg

assumption of the risk: assume the risk of harm (knew or shouldve known)

strict liability (2 types at common law)

keeping wild animals

conduct Ulta-hazardous activity

product liabilty- 3 theories

strict liabilty

negligence

breach of contract

Contract Law

The body of law that governs legally enforceable agreements between parties.

contract law elements

offer

acceptance

consideration

capacity

legailty

mutual assent

meeting of the minds

acceptance both exist

offeror

person making the offer

mirror image rule

acceptance cannot vary any term for the offer

UCC changed it- from common law- change some contracts

consideration

-benefit or detriment

Things are not consideration

> illusory promise

>past consideration

>pre-existing

> gratuitos promise

capacity

deals with the parties

> legal-minor (under 18)

> disaffirm

> voidable

> mental-viod

legality=subject matter

parole evidence rule

if contract is complete on its face then court cannot consider evidence outside the 4 corners of the contract, when interpreting the contract in a law suit

eleements of K cause of action

-valid contract

-P performed duties

-defendant breached duty

-damages/ harm to P

constutional law: 2 main purposes

structure, framework of govt-found in Articles

civil rights

constituional law- concepts

separation of powers

checks & balances

federalism

federal=article (esp. 1)

enumerated & implied powers

commerce clause

necessary + proper clause

judical review- def.

power of the courts to review other law

judicial review: concepts

not in consideration

Marbury v. madison

courts review other types of law

declare unconstitutional

statutory law

execuitive orders

regulations/administrative law

case law

pure decisional case law (a.k.a common law)-

case law based on constitution

case law based on statutory law

analogous case

all elements are similar to a similar case, can be as precedent

case on point

same facts, same law

distinguishable cases

not similar enough, writing response brief you should distinguish

other concepts

standing: valid cause of action

ripeness- be a case of controversy right-cant sue off of presumption

mootness- no longer relevant

disposition-appellate