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| Enforceable rules governing relationships among individuals and between individuals and their society |
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| provides order, predictability, and stability; provides remedies |
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| Relationship of Law and Business |
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| Employment labor law, workplace safety, product liability law, common law of contracts |
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| Relationship of Law and Ethics |
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Definition
| Ethics- study of what constitutes what is right and wrong behavior; Just because an action is legal does;t make it ethical |
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| School: of Jurisprudence- Natural Law |
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Definition
belief that there are universal moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence and reasoning EX. Though shall not murder/steal, someone can't own another human
Laws that conflict natural law- abortion, universal right to healthcare, gay marriage, capital punishment |
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| School: of Jurisprudence- Positivist School |
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Definition
Positivist Law is the written law of a given society in a particular point in time
Positivists believe there can be no higher law than a nations positivists law
Positivist Law is very orderly
It creates orderly society that is not merciful |
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| School: of Jurisprudence-HIstorical Society |
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Definition
Looks at evolution process of law by concentrating on the origin of the legal system
Historical Schools look to the past to discover what principles of contemporary law should be
It applies court decisions made in the past to current cases
It allows for certainty and predictability
It's very inflexible |
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| School: of Jurisprudence-Legal Realism |
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Definition
| Based the idea that the institution as a whole is shaped by the social forces of society |
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| School: of Jurisprudence- Sociological School |
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Legal realism strongly influenced the growth
Views law as a tool for promoting jurisprudence |
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| Source of American Law: Constitutional |
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Definition
US constitution-document distributing power among three branches of gov.- judicial, legislative, and executive; supreme law of the land; state law cannot conflict with the constitution
50 state law- each state has own law |
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| Source of American Law: Statutory Law |
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Definition
Federal statutes- controlled substance act, no child left behind act
State statutes- laws enacted by legislative bodies, circle uniform law, UCC-governs commercial trades
Local Ordinances- Govern Matters not covered by state or country |
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| Source of American Law: Administrative Law |
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Definition
| body of law created by administrative law agencies in order to carry out their duties and responsibilities EX. EPA |
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| Source of American Law: Case Law and Common Law Doctrine |
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Definition
| body of law developed from custom or judicial decisions in English and US courts; not attainable to a legislature |
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| Common Law Traditions: Courts of law and common law |
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Definition
came up with body of general rules
damages= $$
american legal system is common law system
decision based on prior judgments and cases
Remedies- assessed to undo a legal wrong and make a legal right; legal remedies- damages |
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| Common Law Traditions:Courts of equity |
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Definition
| Awarded equitable remedies for specific performance where you want the judge to order an agreement as promised or by injunction where you would want the court to order a party to stop acting in a particular activity ex. gentleman's club |
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| A cancellation of a contractual obligation Ex. Timeshare owners |
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Unclean Hands
Doctrine of Laches- equity aids the vigilant, not those who rest on their rights; can't bring old cases; and statue of limitations tells you how much time you have to bring a lawsuit |
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| Doctrine of Stare Decisis |
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Definition
Obligates judges to follow precedent established within their jurisdiction; decision based on similar case with similar facts
Legal precedents- controlling binding- cases similar jurisdiction must be filed the same way
persuasive-judges find similar case in different jurisdiction
Departures from Precedent- courts can decide if the legal precedent in society is now wrong because of changes in technology or societies views
No precedent- where there is no legal precedent and judge tries to decide what is just fair |
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Definition
Identity Facts
Identity Issue
Identity Rule of Law
Apply Rule of Law to Facts
Conclusion |
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| Classifications of the Law: Substantive Law |
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Definition
Consists of all the laws define, describe, regulated and create legal rights and obligation
tells us what we can and can't do |
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| Classifications of the Law: Procedural Law |
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Definition
| Consists of all the laws that delineate the methods of enforcing rights established by substantive law |
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| Classifications of the Law: Civil Law |
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Definition
Victim allowed to drop charges
concerned with the rights and duties between people and people and their government |
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| Classifications of the Law: Criminal |
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Definition
victim is witness, state is injured party
concerned with wrongs committed against public society as a whole |
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Definition
Computer Search-Lexis
Citation- reference to publication or book
Statutory
Admin Code of Federal Regulations
Case Law |
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Definition
____vs_____
Decisions and opinions)
Unanimous
majority
concurring- agrees with outcome of the majority but for a different reason
dissenting- judge writes an opinion that doesn't agree with the outcome |
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Definition
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| Judiciary's role in American Government |
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Definition
to interpret and apply the law
Judicial review- decides if other branches are conducting law in unfair manner, checks and balances, make sure there are no violations of US Constitution |
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| Basic Judicial Requirements |
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Definition
Jurisdiction-power of the court to hear and decide a case, which court has power over case at hand
Longarm Statute- gives jurisdiction over non-resident defendant in some cases
In rem jurisdiction- power of federal court to exercise over large items of movable property or real property located within a courts jurisdiction
Minimal Contact- doing business in a state, advertising in a state, placing your goods in a state
Jurisdiction of subject matter- probate courts-have limited jurisdiction and deal with maters of administration of estates
bankruptcy- courts have limited jurisdiction and handle only bankruptcy proceedings
Federal Jurisdiction-
Exclusive vs Concurrent jurisdiction- when cases can only be tried in state courts or cases can only be tried in federal courts
cyberspace jurisdiction-internet business
international jurisdiction- doing business in another country |
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Definition
most appropriate place for a trial
Where a party resided, where incident occurred; change of venue can be made |
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Definition
sufficient stake in a matter to justify seeking relief through the court system
Suit must be real and substantial as opposed to hypothetical or academic
Can't sue for something that COULD have happened due to someone's negligence |
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| Questions of Fact VS Questions of Law |
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Definition
FACT: argued in trial court; what, who, why, how, law is then applied to those findings
LAW: determined in court of procedure, was procedure followed correctly
District courts- have original jurisdiction, cases are about questions regarding the US Constitution
US Supreme Courts- 9 justices appointed for life, no guarantee that a case from the court of appeals will get there, can review any ace from appeals court or any case that involves a federal question |
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Definition
Order to lower court from higher court to send cue for review in front of the USSC
USSC may deny writ of certiarsi
Rule of 4- 4 judges must petition for case to be heard |
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| Judicial Procedure: Cases in the Courts |
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Definition
| Procedural rules- represent by self or by attorney, right to free attorney |
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Definition
| Service of Process- Fixed fee, hourly fee, contingency fee-no initial fee but % of winnings if she wins case, allows people with little money to still get justice within legal system |
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| Judicial Procedure:Pretrial Procedure |
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Definition
informs each party of other parties claims
complaint of plaintiff- deliver copy of lawsuit to defendant, notifying them of lawsuit- court must have jurisdiction and case must have a remedy and it must be clear what plaintiff is seeking
Answer: From Defendant- must be officer of registered corp., defendant will admit or deny allegations; can raise affirmative defense or counter claim
Dismissals and Judgement before Trial-
-Motion to dismiss,
-motion for judgement on pleadings-requests the court to issue a judgement at that point,
-motions for summary judgement- no real issue, case to be dismissed
Discovery- process of obtaining information from opposing party before trial;
-deposition- sworn testimony by a witness to the lawsuit that is in writing, lets attorneys know what witnesses will say, gives info on how to approach witnesses
-interrogatories-written set of questions by lawyer for which asters must be prepared and signed by the witness, designated to get specifics about a case
-Request for Admission of Documents
-Pretrial Conference |
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| Judicial Procedure: Juries |
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Definition
Right to a jury trial, case must exceed $20
-jury selection-picked through elimination
-Voir Dire-jury selection process
Challenges- for cause-reason for why an individual should not be a juror
challenge- ask that individual not be sworn in as juror without providing a reasons |
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| Judicial Procedure: The trial |
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Definition
Opening- speech to say what evidence will show
-criminal cases prosecutor goes first, civil the plaintiff
Presentation of Evidence- burden of proof
Admissable and Inadmissible evidence
-relevant- evidence that tends to prove or disprove fact in question
-hearsay-witness testifying in court about what someone else said, not admissible
Examination of witnesses
-plaintiff has the burden of proof
-conduct direct examination-attorney question their own witness
-defense attorney- conducts cross examination
Closing Arguments- outline case and point out holes/flaws in other sides argument
Jury Instructions- judge reads applicable law to jurors for each scenario and then jurors deliberate and come up with verdict
Post Trial Motions- either party can make one |
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| Judicial Procedure: Appeal |
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Definition
Appeal Review:
-10% of cases are ever reversed, rest upheld
-trial court sends appellate court transcript of appeals
-appellate attorneys file written brief about how trial court made error in proceedings
-apelles defend decision of the trial court
-7 judges in court of appeals |
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| Judicial Procedure: Enforcing Judgment |
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Definition
| Writ of Execution- order directing sheriff to seize and sell property to pay for damages in a civil case; occurs only if defendant doesn't have cash to pay for damages |
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