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| is a body of rules of action or conduct prescribed by controlling authority, & having binding legal force, and must be followed by citizens subject to sanctions or legal consequences is a law |
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| the philosophy or science of the law |
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| jurisprudence postulates that the law is based on what is "correct" |
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| jurisprudence believes that the law is aggregate of social traditions & customs that have developed over the centuries |
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| jurisprudence maintains that the law is shaped by logic |
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| jurisprudence asserts that the law is a mean of achieving & advancing certain sociological goals |
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| jurisprudence believe that the law is a set of rules developed, communicated, & enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology |
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| Critical Legal Studies School |
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| proposes that legal rules are unnecessary & are used as an obstacle by the powerful to maintain the status quo. |
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| believes that promoting market efficiency should be the central goal of legal decision making |
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| law developed by judges who issued their opinions when deciding cases |
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| often patterned after the U.S. constitution, although many are more detailed |
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| are written laws that establish certain courses of conduct that covered parties must adhere to |
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| laws that are created & enforced by local governments including counties, school districts, & municipalities. (ex. traffic laws) |
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| laws that are made by the president or state governors |
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| federal & state issued decisions about individual lawsuits |
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| a rule of law established in a court decision |
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| Federal Court System & State Court System |
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| a case arising under the U.S. constitution, treaties, or federal statutes & regulations |
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| a means for bringing a lawsuit in federal court that involes a nonfederal question if the parties are (1) from a different state (2)or a citizen of a different state/ foreign country |
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| a statute that extends a states jurisdiction to nonresidents who were not served a summons within the state |
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| lawsuits must be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside |
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| the federal court systems intermediate appellate courts |
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| Intermediate Appellate Court |
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| a court that hears appeals from trial courts |
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| highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts |
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| Federal Court System & State Court System |
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| a case arising under the U.S. constitution, treaties, or federal statutes & regulations |
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| a means for bringing a lawsuit in federal court that involes a nonfederal question if the parties are (1) from a different state (2)or a citizen of a different state/ foreign country, also must be about an amount of 75,000+ |
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| a statute that extends a states jurisdiction to nonresidents who were not served a summons within the state |
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| lawsuits must be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside |
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| the federal court systems intermediate appellate courts |
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| Intermediate Appellate Court |
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a court that hears appeals from trial courts reviewing
records of trials for errors without hearing any new evidence |
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| highest court in a state court system; it hears appeals from intermediate appellate state courts and certain trial courts |
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| the process of bringing, maintaining, and defending a lawsuit |
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| a court order that directs the defendant to appear in court and answer the complaint |
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| act of a court to combine two or more separate lawsuits into one lawsuit |
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| a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant |
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| a legal process of which a party engages in discovering facts of the case from other party & witnesses prior to trial |
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| written questions submitted by one party to another party, the questions must be answered in writing within a stipulated time |
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| a motion a party can make to try to dispose of all or part of a lawsuit prior to trial |
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| a hearing before a trail in order to facilitate the settlement of a case |
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| Voir Dire (to speak the truth) |
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| the process where the jurors are questioned to determine whether they would be biased in their decisions |
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| instructions the judge gives to the jury that inform the jurors of the law to be applied in the case |
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| when the jury is making a decision considering the evidence of a case |
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| Quasi In Rem Jurisdiction |
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| attachment jurisdiction occurs when a plaintiff who has obtained a judgment attempts to satisfy the judgment by attaching property located in another state |
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| Forum-Selection and Choice-of-Law Clauses |
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| agreements are formed between people from different states and different countries, many contracts have clauses that specifically address the state’s or country’s laws that will be applied in the case of a dispute |
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