blaw test 1

Jurisdiction

Jurisdiction

the official power to make legal decisions and judgments.

appellate

having the power to hear and decide cases when they first enter the legal system

standing

when a person has the legal right to bring action in court

private law

law that involves suits between private individuals or groups

Public Law

law dealing with the relationship between government and individuals

Civil Law

A law that governs relationships between individuals and defines their legal rights.

*personal

*does it affect the general public? no.

Criminal Law

Involves incidents in which someone commits an act against the public as a whole

*always prosecuted by a government

prosecute

to bring a case against

Statutory Law

legislative law

Case Law

the rules of law announced in court decisions

*common law

precedent

How similar cases have been decided in the past.

Treaties

formal agreements (contracts) between nations

identification with the vulnerable

society should be fair

*equality

*fair

Historical School

if it isn't broke don't fix it

*tradition

*precedent

origanlism

we should follow the original founding fathers reasonings

Legal Realism

wants laws created within the current context of the world

*context

*current

cost-benefit analysis

deciding if a law should be created depending on the costs of it.

*efficient

*profit

standing

when a person has the legal right to bring action to court.

in personam

a courts power to render a decision affecting the rights of specific persons before the court

stare decisis

*to stand on decided cases

*precende

original jurisdiction

the power to hear and decide cases when they first enter the legal system.

appellate

the right to review

subject matter

power of court to hear certain types of cases

*to make better informed decisions

diversity of citizenship

parties to the case must be from different states

*cases has to involve $75,000 at issue

case needs these to proceed in court if there is

*standing

*case or contoversy

*ripeness

defendant

person getting sued

litigation

filling against a civil case action

venue

the appropriate place where a case should be heard

*where the accident occured

appellate jurisdiction

*reviews

*higher court

*uses precedent

*needs to be an error to start the review process

pretrial

*LONGEST STAGE

*can last years

appeal

walking up the ladder to get them to review the case

adr

*Resolving legal disputes outside of court

*faster

*less expensive

*avoid risk

*avoids precedent

*preserve business relationships

mediation

third party neutral who suggests a result to the party

clause

part of a contract

binding

legal decision forced upon you

police powers

rights to regulate the health and wellness of its states citizens

do different states have different police powers?

yes

the commerce clause

primary source of authority for federal regulation of business

regulate

to put rules on

interstate

between the states

Privileges and Immunities Clause

• citizens of other states get the same benefits in other states

• no discrimination

freedom of speech

protects our opinions

dormant commerce clause

restriction on state authority to pass laws regulating interstate buying and selling.

freedom of religion has what clauses

Establishment clause and free exercise clause

Establishment clause

state can not decide who practices which religion

free exercise clause

gov cannot make a law prohibiting the practice of religion

-unless it is harmful

4th amendment

protection against unreasonable searches

-Warrent needs a probable cause

probable cause

reason to believe criminal activity occurred or will happen.

5th amendment

government cannot deprive a person of life, \n liberty, or property without due process of law

due process

how the gov notifies you when you are charged of a crime

-fairness

procedural due process

requires the government to use fair procedures when taking life, liberty, and property

Substantive Due Process

Ensures basic fairness of laws that may deprive life, liberty, or property

double jeopardy

gov charging you more than once for the same crime

first amendment

-freedom of speech

-freedom of religion

-Freedom of the press

-freedom of assembly

-freedom to petition the government