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| decide current cases based on previous rulings to ensure predictability |
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1. Establishes 3 branches of gvt'
2. System of Checks/Balances
3. Guarantees basic rights to the American people |
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| ability to create new laws |
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| ability to interpret laws and determine their validity |
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| law created by legislative body |
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1. An idea turns into a bill
2. House and Senate independently vote
3. President vetoes/accepts |
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"Let the decision stand"
The principle that precedent is binding on later cases |
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| Court order to stop doing something |
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| Criminal Law vs. Civil Law |
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Criminal Law prohibits certain behavior
Civil Law regulates the rights and duties between parties |
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| citizens pass laws directly at the ballot box |
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| who enforces the law counts more than what is in writing |
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| An unjust law is no law at all |
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| law is what the sovereign says |
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Quick Facts: guy beaten in Pub Zone's bathroom by biker gang
Outcome: normally the owner of a business is not an insurer of visitor safety unless they have reason to know of danger from past experiences |
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Quick Facts: fight at Happy Jacks, a good samaritan runs across the street to call for help, but the bartender refuses to let him use the phone and someone in the saloon dies
Outcome: You can't interfere with a good samaritan trying to help; especially since the phone is in a public location |
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| body of cases passed by judges |
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| Corporations have primary responsibilities to comply with the law and make as much money possible for the shareholders |
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| Corporations have responsibility to shareholders AND employees, customers, and the environment |
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| process of filing claims in court and ultimately going to trial |
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| Alternative Dispute Resolution |
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any formal or informal process used to settle a dispute other than litigation; CHEAPER AND FASTER
Types include: Negotiation, Mediation, and Arbitration |
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| Type of ADR; majority of disputes solved this way |
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| ADR; neutral person (mediator) attempts to guide the two disputing parties toward a voluntary settlement. Parties maintain control of process, you are NOT BOUND by the decision made in the end |
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| ADR; parties bring in a neutral third party (arbitrator) who has the power to impose an award; BINDING agreement made |
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| A court's power to hear a case |
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| Subject Matter Jurisdiction |
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| A court has the authority to hear a particular type of case |
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| devoted to settling the estates of dead people |
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| the legal authority to require the defendant to stand trial, pay judgements, and the like |
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| the court's written note that a lawsuit has been filed against the defendant |
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| A statute that gives a court jurisdiction over someone who commits a tort, sign a contract, or conducts "regular activities" in the state |
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| International Shoe Co. V. State of Washington |
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Quick Facts: Shoe co. manufactures shoes in Missouri, but sends salesmen to Washington to sell shoes. Even though the salesmen take orders, they do not take payment. WA wants them to pay state's unemployment fund
Outcome: Shoe Co. had sufficient contacts with the state to justify a lawsuit because they were systematic and continuous |
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| Do not accept witnesses or testimonies. Three or more judges generally accept the facts given to them from lower courts and review the trial to see if the court made errors of the law |
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| the lower court did not correctly apply the law to the facts |
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| Party opposing the appeal |
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| A case in which the claim is based on the US Constitution, a federal statute, or the federal treaty |
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| A case in which the plaintiff and defendant are citizens of different states, or when the amount in dispute exceeds $75,000 |
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| A petition asking the Supreme Court to hear the case |
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| A second lawsuit by the defendant against the plaintiff |
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| One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware if they are harmed |
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| A formal request to the court that the court take some step or issue some order |
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| A request to the court that the court take some step or issue some order |
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| The pre-trial opportunity for both parties to learn the strength/weaknesses of the opponent's case |
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| Interrogatories, depositions, production of documents/things, physical/mental examination |
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| Written questions the opposing party must answer, in writing, under oath |
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| Chance for one party's lawyer to question the other party, or a potential witness, under oath. Person being questioned is the deponent |
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| Physical and Mental Examinations |
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| Party may ask the court to order an examination of the other party if his physical/mental condition is relevant |
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| Motion for Protective Order |
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| Request that the court limit discovery |
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| Motion to Compel Answers ro Interrogatories |
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| A formal request that the court order the opposing party to supply more complete answers |
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Quick Facts: 78 year old woman sues and the defendant never produced a witness or rep. for depositions (missed it three times)
Outcome: Judge rules the defendant's answer be "stricken from the record" and plaintiff automatically wins. Failure to comply with discovery demands was willfull and contumacious |
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| A ruling by the court that no trial is necessary because some essential facts are not in dispute |
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Quick Facts: Jones sues Clinton for sexual harassment from when he was a governor
Outcome: Clinton wins Summary Judgement because the plaintiff never demonstrated tangible job detriment |
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"To speak the truth"
The process of selecting a jury |
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| A claim that a juror has demonstrated probable bias |
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| The right to excuse a juror for virtually any reason |
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Quick Facts: Parajon sued Pereda for injury in a car accident. One of the jurors was a lawyer and never mentioned that she had once been in a car accident only after the case had already been won
Outcome: Must prove that the juror's nondisclosure was:
1. info. was relevant and material to case
2. Juror concealed info during questioning
3. Failure to disclose the info was not because of complaining party's lack of diligence |
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| Plaintiff must convince the jury that its version of the case is correct |
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| Preponderance of Evidence |
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| Plaintiff must convince the jury that its version of the facts is at least SLIGHTLY MORE LIKELY than the defendant's version |
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| Beyond a Reasonable Doubt |
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| In a criminal case, the gvt' must demonstrate the defendant is guilty |
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| Determines what questions a lawyer may ask and how the questions are to be phrased, answers a witness may give, and what docs. may be introduced |
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| A ruling that the plaintiff has entirely failed to prove some aspect of her case |
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"Judgement non obstante veredicto"
A judgement notwithstanding the jury's verdict. Asking judge to overturn the jury's verdict |
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| A mistake by the trial judge that was too minor to affect the outcome |
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| You have no duty to assist someone in peril unless you created the danger |
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| Tarasoff v. Regents of University of CA |
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Quick Facts: Tarasoff killed GF after telling therapist he would
Outcome: Once a therapist (or someone in a special relationship) determines that a patient poses a serious threat of danger to someone else, he bears a duty to exercise reasonable care to protect the foreseeable victim of that danger |
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| An order to appear at a particular place and time. A subpoena duces tecism requires the person to produce certain documents or things |
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1. Relevant to lawful agency investigation
2. Not be UNREASONABLY BURDENSOME
3. Not be PRIVILEGED |
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| Agency holds a formal meeting about an issue and then decides it |
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| Freedom of Information Act |
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| Designed to give us all access to info that federal agencies are using and all info on you |
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| Prohibits federal agencies from giving info about an individual to other agencies or organizations without written consent |
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| Created the office of the President |
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| Established judicial power |
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| Federal law preempts the state law |
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| Power of federal courts to declare a statue or gvt' action unconstitutional and void |
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Quick Facts: Kennedy severely rapes a girl and given the death penalty
Outcome: LA statue struck down because rape isn't comparable to murder in its severity and irrevocability |
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| A court's willingness to decide issues on constitutional grounds |
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| A court's attitude that it should leave lawmaking to legislators |
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Protect people from the power of state and federal gvt'
Note: Corporations are considered people |
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| Process in which rights explicitly guaranteed at one level are incorporated into rights that apply at all other levels |
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| Freedom of Speech (includes symbolic speech), religion |
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Quick Facts: Johnson burns American flag, which was illegal at the time in TX
Outcome: Symbolic speech is protected. An action represents symbolic speech if the intent of the action is to |
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1. Whether the work appeals to the prurient interest
2. Whether the work depicts sexual conduct in an offensive way
3. Whether the work as a whole lacks literary, artistic, political, scientific value |
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| Communication, such as advertisements, that has the dominant theme of proposing a business transaction |
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Quick Facts: Salib didn't agree with the 30% advertising on window regulation
Outcome:The gvt' can regulate speech but they have to be reasonable and directed to a legitimate goal |
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| Involved Due Process and the Takings Clause |
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| Before depriving anyone of life or property, the gvt' must go through certain steps, or procedures, to ensure that the result is fair |
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| When the gvt' takes property for public use, it has to pay a fair price |
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| Some rights are so fundamental that the gvt' may not take them from us at all. The substance of any law or gvt' action may be challenged on fundamental fairness grounds |
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| Bars the defendant from selling their property until case has been decided. Plaintiff must first prove that their case is likely to win. |
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| The power of the gvt' to take private property for public use |
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| Equal Protection Clause: governments must treat people equally; Three types |
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| (14th Amen) Economic and Social relations - almost always upheld - rationally related |
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| (14th Amen) Gender - sometimes upheld - substantially relate |
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| (14th Amen) Race, Ethnicity, and Fundamental Rights - almost never upheld - necessary to promote a compelling state interest |
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| A court order that a guilty defendant reimburse the victim for the harm suffered |
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| For any charge that could result in a sentence of 6mo+ defendant may demand a jury trial or waive the right |
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| A serious crime for which a defendant can be sentenced to 1year+ in prison (i.e. wire fraud, rape, robbery) |
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| A less serious crime, often punishable by less than 1yr in a county jail |
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| Voluntary Act (State of Mind) |
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| A defendant is NG of a crime is she was forced to commit it or if she acted under duress |
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| When the gvt' induces the defendant to brea the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime |
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| Prohibits the gvt' from making illegal searches and seizures |
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| Written permission from a neutral official to conduct a search; Must specify with reasonable certainty the specific place to be searched and the items to be seized |
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| It is likely that evidence of crime will be found in the place to be searched |
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| Searches Without a Warrant (7) |
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1. Plain View
2. Arrest
3. Emergency
4. Automobile
5. Stop and frisk
6. No expectation of privacy
7. Consent |
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Evidence obtained illegally may not be used at trial;
Two exception: 1. Inevitable discovery 2. Good faith exception - police believe warrant is legal |
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| In lieu of 9/11, this antiterrorist law was designed to give law enforcement officials greater power to investigate/prevent potential terrorist assaults |
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| National Security Letter (NSL) |
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| Demands that recipient furnish to the gvt its customer records without ever telling the customer |
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| Requires fundamental fairness at all stages of the case |
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| Bars the gvt' from forcing any person to provide evidence against himself (no forced confessions) |
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| Fruit of the Poisonous Tree |
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| Any thing that is derived from an "illegal arrest" cannot be used in court even if the arrest leads to drug dealers, etc. |
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| Police can't legally force a suspect to provide evidence against himself; so police have to remind suspects of their rights |
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| Guarantees the right to a lawyer at all important stages of the criminal process. The gvt' must appoint a lawyer if the defendant can't afford one |
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| Like a trial jury, except it holds hearings for several weeks at a time on many different cases |
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| The gvt's formal charge that the defendant has committed a crime and must stand trial |
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| clerk reads the formal charges of the indictment. Most defendants plead NG at this stage |
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| An agreement in which the defendant pleads guilty to a reduced charge |
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| A criminal defendant may be prosecuted only once for a particular criminal offense |
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| Prohibits cruel and unusual punishment; no excessive fines |
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Quick Facts: CA and the "three strikes law" case
Outcome: Held Ewing's sentence because it was not grossly disproportionate to the crime since he was unable to bring his conduct within the social norms--he didn't learn from his mistakes |
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| A civil law proceeding that the gvt may seek a forfeiture of property associated with the criminal act |
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Quick Facts: Arrested drug dealer Smith and confiscated cell phone. Didn't have a warrant to search the phone
Outcome: Phone is not like a container because of its ability to store large amounts of data, so a search warrant is necessary to look at the info inside |
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| You need to be able to follow where the evidence has traveled during the case |
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| Anything that feels as if you have been deprived of your freedom in some way |
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| "The guilty act"; defendant voluntarily committed the act |
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"The guilty state of mind"; defendant's intent to commit the act
4 categories |
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| Defendant intended to do the ACT, regardless if you intended to do the harm |
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| Intended to steal the watch |
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| Reckless or Negligent Conduct |
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| I.e. Driving over the speed limit |
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| All you need to prove is that the act occurred |
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| Mistaken ID, insanity, entrapment, duress |
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Prospective = jury and victim know ahead of time that they are accountable for the crime;
Much higher because the consequences are much steeper |
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| Harmful or offensive bodily conduct |
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| Fear of an imminent battery; you have to know it's coming |
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| "If you don't open the safe, I will shoot you." The teller doesn't commit the crime |
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| "Reaching under the seat" and probable cause |
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| Injunctions and attachments |
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| Lawyer who handles court cases |
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| Serves summons papers to the defendant; must serve the person in the state they are residing in |
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| Notice to appear in court or at a deposition |
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| Trying to figure out which court you want to bring a lawsuit to |
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| You have no obligation to assist someone in danger unless you created the danger |
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Quick Facts: Employer hiring people after they took an intelligence test and showed high school education
Outcome: It was neutral in face, but discriminatory in effect; the tests need to be related to the job success |
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