Intro to Law - Exam 1

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Statutes

Laws passed by legislature deriving from bills

Common Law

Judge-made law that gives the concept of legal precedent

Where is Federal Law primarily found?

The U.S. Constitution, statutes, regulations, and cases interpreting these sources

Does the U.S. government have Common Law?

No

The Common Law of all cases are written by __

A state court of a given subject

Who writes precedent cases?

Appellate judges

In trial court, the judge is the finder of __ and the jury is the finder of __

Law; Facts

How many judges are in the Appellate Court?

3

Does the Appellate Court have a jury?

No

How many justices are in the Supreme Court?

7

Which two courts create precedence?

Appellate and Supreme Courts

Stare Decisis

The basic principle of law

Does Stare Decisis still apply when interpreting non-Common Law rules?

Yes

What are US District Courts?

Federal Trial Courts

How many US District Courts does each state have?

At least one

What is Limited Jurisdiction?

A court is only enabled to hear a limited amount of civil cases

What cases can Limited Jurisdiction courts hear?

Federal Court Jurisdiction, Diversity Jurisdiction, Admiralty, Patent + Contract + Trademark (can't be state), Antitrust (can't be state), and actions against foreign governments

What is General Jurisdiction?

A court can hear any case except ones removed from its jurisdiction

What jurisdiction are U.S. District Courts? What about the California Supreme Court?

Limited; General

What is Diversity Jurisdiction?

An idea that gives federal courts the ability to decide on cases based around state law

Is Complete Diversity necessary for District Courts to hear all civil actions?

Yes

What are the two States of Incorporation?

Primary Place of Business + States of Incorporation

In state civil cases, what is the fraction of a jury that needs to vote in a majority to decide on a case?

9/12

In federal civil cases, what is the fraction of a jury that needs to vote in a majority to decide on a case?

ALL.

Where is the Central District of the Courts of California?

LA

Where is the Northern District of the Courts of California?

San Francisco

Where is the Southern District of the Courts of California?

San Diego

Where is the Eastern District of the Courts of California?

Sacramento

How many justices are in the U.S. Supreme Court?

9

What fraction of a majority decides the outcome of a case in the U.S. Supreme Court?

5/9

What is a Petition for Writ of Certiorari?

A party's attempt to convince the Supreme Court that their case should be heard because it is a federal issue

What is a Writ of Certiorari?

A form of order for the appellate courts to set up the case for the Supreme Court

Which court always has the last say in an issue?

Supreme Court

Who nominates federal judges?

The president

How long are Article III judges appointed for?

Life

What are Superior Courts?

State Trial Courts

Can a small claims court have a jury?

No

Can a small claims court party have a lawyer?

No

Can small claims court decisions be appealed?

Yes, by the losing side ONLY

Can a judge be replaced in small claims court?

One time

What has to happen for a judge to be replaced in small claims court?

Both parties have to agree on a new judge

What is a commissioner?

A judicial officer elected by the court to make small claims court decisions when no judge is present

What type of court is the California Superior Court?

General Jurisdiction

What cases are filed in Superior Court?

All except small claims court cases

How many years do judges serve before they have to be re-elected in Superior Court?

6

If a new judge is elected halfway through their predecessor's term, do they have to go through the election process when it is over?

Yes

Where are appeals from the Superior Court in Unlimited Jurisdiction cases filed?

A California Court of Appeals

Where is the 1st district in the CA Court of Appeals?

San Francisco

Where is the 2nd district in the CA Court of Appeals?

Los Angeles

Where is the 3rd district in the CA Court of Appeals?

Sacramento

Where is the 4th district in the CA Court of Appeals?

San Diego, Riverside, Santa Ana

Where is the 5th district in the CA Court of Appeals

Fresno

Where is the 6th district in the CA Court of Appeals

San Jose

How many judges are needed for a California Court of Appeals case?

3

Who needs to vote in a judge in a federal appellate court?

A majority of the Senate

How many years do Court of Appeals justices and California Supreme Court justices serve?

12

What appointment takes place in the Court of Appeals to keep a justice in the courtroom?

a Confirmation Appointment where voters agree on whether to keep them or not

What petition is needed to bring a case to the California Supreme Court?

Petition for Review

What happens in a Petition for Review?

One party argues why the case is important, and the other argues why it isn't

How many justices need to agree to view a case in the California Supreme Court?

4/7

When a Chief Justice elects a judge in the California Supreme Court to write a Calendar Memorandum, what are they asking them to write?

The facts of the case, facts of law, and what the law says about the case's results

How many justices have to agree that the Calendar Memorandum is sufficient?

4/7

What is justice?

Fairness

Is justice subjective or objective?

Subjective

What was Richard Posner's opinion on economics?

The economy should have few decisions and allow competition to work itself out

How is justice measured?

How something affects groups of people

How does the government pay for everyone's salary in the courtroom?

Tax dollars

Will the government appoint a lawyer to defend someone in a civil case?

No

What are 2 types of cases that can't be settled?

Probate and Divorce

Some lawyers only get paid if they win a case.

True

An example of a firm that only gets paid if it wins is __

A plaintiff-only firm

What percentage of payment if a typical contingency fee?

1/3%

If a case is settled, do plaintiff-only lawyers get 1/3% of the money?

Yes

What are partners?

People who own a law firm

What are associates?

Lawyers of a law firm

What is an "Of Counsel" person?

Someone who has an office at a firm and can assist lawyers there but does not give legal advice or represent a party in court

What are paralegals?

Legal professionals who have training or experience that qualify them to assist a lawyer

What are law clerks?

Employees who are still in school but work at a firm

What is the difference between state law clerks and federal law clerks?

Federal law clerks are no longer in school, but state law clerks typically are

When is someone allowed into the well in a courtroom?

If the judge grants permission

What people are allowed to walk past the bar in a courtroom?

Lawyers, jurors, court personnel, and witnesses

Who provides security in a Superior Courtroom?

A Bailiff

Who provides security in a Federal Courtroom?

A U.S. Marshall

Who provides security in a civil courtroom?

A courtroom attendant

Where should a lawyer go when permitted to speak with the judge away from the jury?

The sidebar

In a civil case, is the plaintiff or the defendant closer to the jury?

Plaintiff

In a crime case, is the plaintiff or the defendant closer to the jury?

Defendant

In a criminal court case, how much of the jury has to agree on a solution?

100%

In a civil court case, how much of the jury has to agree on a solution?

75%

Do federal court trials require a unanimous jury?

Yes

How many jurors does a typical courtroom have?

12 jurors

What are the 3 types of law schools in California?

ABA Approved, State Bar Approved, and Unaccredited

What are the 3 possible tests that law school students may take to graduate?

LSAT, JD-Next, and GRE

Does the LSAT or the GRE require a writing sample?

LSAT

What do lawyers exist for?

To serve the needs of their client

Lawyers are ___ of the court

Officers

What did the 13th amendment do?

Abolish slavery

What did the 14th amendment do?

Prevent states from abridging the privileges or immunities of US citizens

What did the 15th amendment do?

Prohibited the federal government from denying the right to vote based on color, race, or previous conditions of servitude

What was the issue with the first 10 amendments?

They did not apply to the states