_______________ created a national government but insisted that the individual ____________ maintain __________ in many important areas of our lives.

To top it off, the Founders guaranteed ________________, ordering national and state governments to keep clear. This has worked, but it has caused a _________________ system, with 50 state governments and one _________ government all creating and enforcing law.

• The Founding Fathers (the colonists)
• States; Control
• Multi-layered
• Federal

England in the _____ century was rustic agricultural community with a tiny population and very little ____ and _____.

_______ and _______ invaded repeatedly, terrorizing the __________ peoples.

• Law; Order
• Anglo-Saxon

• Shires; "Shire Reeve"
• Sheriff

The shire reeve collected taxes and did what he could to keep peace, apprehending criminals and acting as mediator between feuding families.

Two or three times a year, a shire court met; lower courts met more frequently.

• Normans 
• England
• William the Conquerer
• Owned

• Sections of his lands
• Feudalism

• owed fidelity
• land
• valuable

• Henry de Bracton

• On the Laws and Customs of England
• Rulings

What was De Bracton teaching judges to do?

What idea was De Bracton trying to establish?

A writ is a letter from the central government ordering a court to hear the case. Each type of lawsuit required a different writ.

e.g., a landlord's lawsuit against a tenant required one kind of writ, while a claim of assault needed a different one.

• Equity 
• England
• Equitable Powers

1. Criminal and Civil Law
2. Substantive and Procedural Law
3. Public and Private Law

1. Tort law
2. Contract law
3. Constitutional law

"Summary Judgment" is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

So, Ideally-- "Grant Summary Judgment" is deciding whether a case needs to go forward or not.

• duplicates
• negligence

• immoral

• morality
• No, says the law, though many thing that is preposterous.

Legal realists take a very different tack (than do legal positivists and legal naturalists). They claim it does not matter what is written as law. What counts is who enforces that law and by what process.

Often the background, even subconscious views of the judges, will determine how written law is interpreted, and therefore the case outcome.

• Karl Kuehn is the plaintiff, sueing the Pub Zone.
• The Pub Zone (owner - Maria Kerkoulas) is the defendant.

• Foreseeability
• Severity

What are the five basic freedoms?

(HINT -- SPARR)

1. Religion
2. Speech
3. Press
4. Assembly
5. Redress of Grievances

According to Kant, you should not do something unless you would be willing for everyone else to do it, too (and not just to you). 

(e.g., Imagine that you could cheat on an exam without getting caught. You might gain some short-term benefit-- a higher grade. But what would happen if everyone cheated? The professor would have to make the exams harder to curve everyone's grade down.)

Alternative Dispute Resolution is any other formal or informal process used to settle disputes without resorting to a trial.

It is increasingly popular with corporations and individuals alike because it is generally cheaper and faster than litigation.

• Negotiation
• Mediation with professional/neutral mediators
• Arbitration

• Because the parties maintain control of the process, the two antagonists can speak freely
• They need not fear conceding too much, because no settlement takes effect until both parties sign
• All discussions are confidential, further encouraging candid talk
• This is particularly helpful in cases involving proprietary informationthat might be revealed during a trial

• Discovery
• Class Action

True. A party may have a stronger case than it realizes, and the absence of discovery may permanently deny it knowledge.

• federal
• state
• buildings
• judges
• cases

Jurisdiction refers to a court's power to hear a case. In state or federal court, a plaintiff may start a lawsuit only in a court that has jurisdiction over that kind of case.

Some courts have very limited jurisdiction, while others have the power to hear almost any case.

• error of law
• reversed
• affirmed

• accepts
• briefs
• rejects
• final word

• United States Constitution
• Federal Court

A claim based on the United States Constitution, a federal statute, or a federal treaty is called a federal question case.

E.g., If the Environmental Protection Agency orders Logging Company not to cut in a particular forest, and Logging Company cliams that the agency has wrongly deprived it of its property, that suit is based on a federal statute and is thus a federal question.)

• Federal District Courts (there are 2 federal districts in Ohio; we are in the Southern district)
• Appeals are taken by U.S. Courts of Appeal - Courts at this level are known as the "circuits"
• U.S. Supreme Courts hear approximately 100 cases per year, through grants of writs of certiorari ("cert")

• Involves a federal question, that is a federal statute, the constitution, or treaty

Theory of "_______ ________" and also to bring justice when there are numerous smaller dollar amount complaints that a defendant may be banking an individual ______ _____ file on.

Recent change has forced most _____ ______ into ______ court.

• "Judicial Economy"
• would not
• class actions
• Federal

fact

(e.g., who is telling the truth, and who is lying.)

• law
• presumptions

Good Samaritan 

Note: These statutes don't require a person to assist, but protect them from liability for all but gross negligence (e.g., start to rescue, pre-empting others, and then not following through)

Constitution

Granting power to one branch of the government while at the same time restraining the authority given.

• Federal
• limited power

1. Executive 
2. Legislative
3. Judicial

1. appointment 
2. legislation
3. foreign policy

1. adjudication
2. judicial review

•  
  • Power to regulate any activities with “Substantial Effect” on Interstate Commerce.  This is the Commerce Clause as interpreted by the courts.  Remember the original articles of confederation did not grant the power to regulate commerce.
  • Power to pre-empt the states from passing legislation either in conflict with federal congress, or in area that Congress has expressly determined is a matter of national interest.  For example, immigration policy, treaties with foreign nations.  This follows from the Supremacy Clause.  Remember: Federal Pre-emption doctrine can be applied to make state regulations void.
  •  Power to declare war.
  •  Power to tax

• Commander in chief
• Conduct foreign policy
• Appoint federal judges & certain agency heads