-Determines Rules of law to be used

-Fact Finder (in non jury trial)

-Apply constitutional limitations and gurantees

When reviewing appeals courts are concerned with...

-Jurors may use bias and emotion when making decisions

-Unanimity can be hard to acheive (mistrials)

-May not be able to comprehend issues (too stupid) 

-representative advocates

-present evidence points of law, and arguments to be weighed by juries and judges

-counselor

-advocate

-public sevent

-confidential communications with lawyer are privelaged

-law does not permit a lawyer to eveal facts and testify against a client

-trial courts

-court of appeals

-supreme courts

State Courts governed by three(?) souces

-State Constitutions

-State Legislature

-

-concerned with questions of law

Federal Court Matters

-Questions of federal law (Federal questions cases)

-The U.S. as a party

-Controversies among states

-Certain siots between citizens of different states (Diversity of Citizenship)

-requires all plantiffs be citizens of different states from all defendents 

-No federal jurisdiction if no diversity of citizenship

-claim must exceed $75k

-Trial courts of the federal judicial system

-At least one in every state and D.C.

-request by losing part in court of appeals for permission to file an appeal with the supreme court

When a writ of certiorari is granted....

-when 4 of 9 justices vote to see case

-When there's substantial federal importance

-Restraint: beleif that judicial power should only be used in unusual cases

-Activism: power should be used whenever the needs of society justify it's use

-parties in counterclaim

-defendent becomes counterplaintiff

-plaintiff becomes counter defendent

-brought in when defendant alleges there can't be determination without other other parties

-ex. you sue brake suppliar, brake supplier brings in brake manufacturer

Standing to Sue

and 2 allegations of plaintiff

-the entitlement to have court decide dispute

1. litigation involves case or controversy (must be connected to law)

2. a pesonal stake in the resolution of the controversy

-defendant committed tort within the state

-owns property in the state that is subject matter in law suit

-entered in contract within state or transacted the business that is subject matter of law suit

-when one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim

-ex. all people suing drug comapny

-legal documents filed to begin litigation process

-give notice of each party's contentions and serve to set boundaries of litigation

-defendants response to complaint

-may contain counterclaims

-"dress-rehearsal" for trial

-narrows issues disputed by parties

-ensures results of trial are based on merits of controversy not skill of lawyers

-ensures both sides are aware of all facts

-series of written questions to opposing party

-part of discovery

-request for relevant documents to the opposing party

-part of discovery

-lawyers orally ask questions to all possible witnesses and their responses are written

-part of discovery

-one party requesting that an issue is no longe relevent

-part of discovery

-Speak the truth

-make sure each juror is fair and impartial

-responsibility to to come forward with evidence

-responsibility to be persuasive as to a specific fact

-Preponderance of evidence

-Clear and Convincing Proof

-jury decision is vedict

-judges decision is judgement

-judgement notwithstanding the verdict may occur

-Appellant: losing party filing for appeal

-Appellee: winning party of trial court

-petitioner: party filing writ of cetiorari

-respondent: other party

-short description of case

-factual summary

-legal points

-arguments for reversing or affirming previous decision

Execution

-the thing has been decided

-final decision is conclusive

-I-III:explain Legislative, Executive, and Judicial Branches

-IV: one nation (not states) is framewok

-V:ammendment process

-VI:Constitution is supreme law of land

-VII: constitution takes effect when states are ratified

1.freedom of speech, press, religion, and petition

2. right to keep and bear arms

3. Quarters of soldiers

4.right of search and seizure

5.Provisions regarding prosecution

6. right to a speedy trial, witnesses,etc.

7.right to trial by jury

8. excessive bail and cruel punishment

9. rule of construction of constitution

10. rights of states

-constitution is highest power, then U.S. law, then State Law

-state law cannot conflict with federal law

-congress can't enact a law respecting establishment of religion

-separation of church and state

-"fighting words": speech inciting a hostile reaction

-words that inflict injury or incite immediate breach of peace

-obscenity

-work appeals to the prurient interest in sex

-work depicts or describes sexual conduct in an offensive way

-work lacks serious literary, artistic, political, or scientific value

-legislators have gone too far in seeking to acheive a goal

-ex. creating a "not open for first-ammendment activities" area at the airport

-business-oriented speech

-protected under 1st ammendment

-used to compensate harm from inflicted by defamatory printed falsehoods

-plaintiff must prove actual malice

-knowledge that the printed statements are false

-circumstances showing reckless disregard for whther they are true are not

-applies only to government bodies

-government has to act fair

-all constitutionally guranteed freedoms are applicable to state governments

-laws can treat other people differently only if there is a satisfactory reason

-utilized by anyone claiming unequal treatment

-minimum rationality

-strict scrutiny

-quasi-strict scrutiny

-law must have rational connection to a permissable state end

-must have a legitimate goal of government

-rational-basis test

-height, weight, age, testing, school desegregation,marriage

-law must be neccessary to acheive a compelling state purpose (not any purpose)

-used if classification involves suspect class or fundamental constitutional right

-ex. race, place of  origin, legitimacy of birth, to vote, to travel, to appeal

-law must be substantially related to an important government interest

-gender

-legal right to exclude others from resources that are orignally possessed or acquired without force, theft or fraud

-includes the uses of thigns

-promotes incentive (more effort because you own it)

-capital formation:use resources to make new ones (lending and interest rates)

-divisibility: can use resources in parts

-real property

-personal property

-object of personal property that has become an object of real property

-ex. carpeting but not rugs

-depends on owner's knowledge of where to reclaim

-if lost:finder has possession

-if mislaid:whoever owns premises

-gives ownership of land when you use it for a long time

-when identical goods are mixed together

-if honest mistake: goods divided by proportion of ownership

-if dishonest: all goods go to innocent party

-adding things

-if you build an airplane around the engine you own the plane too

-maximum estate (full ownership)

-absolute:no limitations or conditions attatched

-defeasible:condition (you can have the land only for agricultural reasons)

-more than one person owning the same thing

-joint tenancy: equal share

-tenancy in common: unequal share

-warranty deed: gurantees the seller has good ownership of land

-special warranty deed: specifies certain legal claims to land exist but gurantees no other claims do

-quitclaim deed:no gurantees

-places certain use of land beyond legal fence

-often right to cross over land

-intentionally lending property to someone else

-duty of care depends on who is benefiting

-an application of property that gives someone an interest in what belongs to another

-usuually to secure an extension of credit

-borrower signs a note granting the lender a security interest

-deed is held by trustee

Laws made are generally and equally acceptable

-apply to all

-applied in the same way

-what law enforcement actually does

-speed limit may be 55 but everyone goes 70

-relies more on legislation than common law

-judges play less of a role in determining law and and its meaning

-Law that includes those matters involving he regulation of society (not individuals interacting)

-constitutional law,administrative law,criminal law

-law that contains private resource relationships with others

-property law, tort law, contract law

Substantive: law concerning relationship of people with people

-Procedural: law concerning methods and means  of substantive law

-let the prior decision stand

-doctrine of prior precedent