BUL Exam 1

Anti-Federalists

Against the Constitution (feared another monarchy after defeating the kings)

Line Agencies

Agencies under the direct control of the president. The agency is created by congress, but under the control of the president. They are headed by ONE person who is appointed by the president. That person answers to the president and must be confirmed by the senate to get the job. This is a Cabinet position ("secretary of ____"), an executive branch of administration. Implementing president's goals and plans such as with foreign policy.

The Pleading Phase

All claims are on the table. Who the parties are and what their claiming.

Historical Jurisprudence

All legal systems are merely a reflection of historical events that shaped the creation of the system.

Search and Seizure

Before you can search and seize a person or property you need probable cause and a warrant. Probable cause is a reasonable basis to believe that criminal activity is afoot. The officer seeking a warrant must give judge facts that they believe they are engaging in a crime. If issued a warrant, then officer can search and seize. This is not always practical, such as when you have exigent circumstances where the officer is free to search them: Automobiles, Arrest, Hot Pursuit, and Weapons. (Terry vs. Ohio)

State Statutes

Bill that becomes a law passed by the state governor. Organized by subject matter and published in books referred to as codes.

Public Welfare

Entitlement programs, for example OSHA (occupational safety and health) social security, Medicare (provide you with benefits)

Administrative Rules

Federal and state Administrative Agencies that have rules with the same force and effect as a statute. They regulate your life.

District Courts

Federal question: any case that involved interpreting the constitution, federal statute, action against federal agencies, etc. Civil and criminal jurisdiction.

In Personam (Jurisdiction)

Jurisdiction "against the person". Can the court get personal jurisdiction over a person from FL from a person from out-of-town?

Voire Dire

Jury selection, means in French "speak the truth." The oath of jurors to say the truth. The only time the attorney can ask them questions to see who they want in their jury. Then they can strike the ones they do not want. 2 types of strikes: Peremptory Challenges and Cause Challenges.

Jurisprudence

"Knowledge of the law." The science/philosophy of law. There are many different schools of Jurisprudence with their own theories of where societies get their law

Stare Decisis

"Let the decision stand." Judge was obligated to follow the ruling that was instituted in the prior case. (Also known as the legal president)

Effects on the Interstate Commerce Clause

"Supreme Court balances state activity if it substantially affects interstate commerce" Federal congress uses interstate commerce clause to justify passing laws where the constitution never intended regulation, because they expend federal power by regulating new areas. States can still prohibit it, but now federal power grows and state power therefore shrinks.

Diversity Cases

($75,000 +) the litigants are residents of different severance states or countries. If you have a dispute against someone from another country or another state. (Trial Court)

Federal Statutes

(statute = law passed by a legislature) Laws passed by federal congress and the president. Organized into subject matter titles within the United States Code

You can file the following:

1. An answer 2. A motion to dismiss 3. Counter claims 4. Cross claims 5. Third party claims

Limitations on Administrative Power

1. Constitution - They can't do anything inconsistent with the constitution, if they do you can file action against them. 2. Federal Statutes - They can't pass any rule that is inconsistent with a federal statute. The federal stature always trumps the rule. *You can undo a rule with a statute 3. Judicial Review - Get the administrative agency before a federal district judge and get judicial review of their actions.

3 Categories of Administrative Agencies

1. Expertise in a particular area 2. A well-developed hierarchy 3. More flexible

Functions of the Constitution

1. Federal and State powers. State initially holds all power, over time due to societal changes, Federal holds authority and power. 2. Individuals have rights in the constitution. Criticized. Willing to concede some of your independence to have a government, which you are free to take back at any time. The power rests with you the people.

2 Types of Jurisdiction

1. In Personam 2. Subject Matter

Government Agencies have 2 types of rulemaking

1. Informal Rulemaking 2. Formal Rulemaking

7 Schools of Jurisprudence

1. Legal Positivism 2. Legal Realism 3. Economic 4. The Natural Law 5. Feminist 6. Sociological 7. Historical

4 types of Administrative Agencies (Federal)

1. Line Agencies 2. Independent Agencies 3. Governmental Agencies 4. Quasi-Official Agencies

Once you get a verdict, there are a number of things that you can file:

1. Motion for a new trial 2. JNOV (Judgment Not on the Verdict) 3. Appeal

Class of people that can't be discriminated against (Equal Protection Clause)

1. People are protected based on race, religion, national origin, and color > The Strict Scrutiny Test 2. Gender or age > Intermediate Scrutiny 3. Economic or unprotected > Rational Basis Test (Economic) or Unprotected: Any other reason!

The Trial Process:

1. The Pleading Phase 2. The Discovery Phase 3. Pre-Trial Phase 4. Opening Statement 5. Closing Argument

Criticisms of Administrative Agencies

1. They tend to be permanent even when politicians come and go. Once an admin agency is created, you'll never get rid of it. For good or bad. 2. The people who run admin agencies are all unelected. They pass laws but no one gets to vote them in or out. Counter-intuitive to our law which is for the people. 3. No separation of powers. No check and balance on the authority. They make rules, they enforce them, and they have their own courts.

Sources of American Law

1. US Constitution 2. Federal Treaties 3. Federal Statutes 4. Administrative Rules 5. State Constitutions 6. State Statutes 7. County/City Ordinances 8. Common Law System 9. Civil Law System

Exclusive Jurisdiction

A case can only be brought to one court (Juvenile Circuit Court)

Federal Treaties

A contract or agreement under international law. Must be ratified by the US senate and then it will become Federal Law (internet regulation, climate change restricting our energy)

Enabling Legislation

A federal statute passed by congress, that sets up an administrative agency (such as the FAA regulating air-space). This was very controversial, people sued because nowhere does it say that congress has the authority to elect people to run the government.

Judiciary Act of 1789

A law passed by the first Congress to establish the federal court system - The Supreme Court has the power to issue writs (of Mandamus)

Feminist Jurisprudence

All the other schools have a flaw since they are all written by men, reflecting what men want and don't want. Not taking the female experience into account. Law should be gender blind but it is not >> valid criticism!

Federal Administrative Agency

Another area where the federal government has expanded its reach, huge body of law regulating us without us even knowing when we come in contact with those rules and regulations. They can make RULES propagated by federal agencies, which have the same force and effect as a statute. (State or Federal agencies) BUT a rule cannot conflict with a statute because the statute will always trump the rule.

Equal Protection Clause

Applied to states, and federal government. The state cannot deny to any person within its jurisdiction the equal protection of the laws. When a state or private action discriminates against a class of people, it can be challenged as violating the law under the 14th amendment.

Summary Judgment (Pre-Trial Phase)

Appropriate where you have no genuine issue of material fact. Judges decide all disputes of law, while juries resolve all disputes of facts. (Dispute facts = Jury, Dispute laws = Judge). Summary judgment occurs when the two sides agree on the facts and only need the law to be disputed, in which the judge will give a ruling.

Exclusive Power/Jurisdiction

Areas where only federal government can regulate

Closing Argument

Argue the evidence to the jury and why they should rule in your favor. The jury then goes back for a deliberation. *Often what the lawyers think is important, is completely the opposite of what the jurors think is important.

JNOV (Judgment Not on the Verdict)

Can ONLY be done in a Civil case. If the jury gets it wrong, ask the judge to flip the case in your favor. If judge agrees, he can flip it. Sometimes happens when the jury fills out the verdict form wrong.

Liberal Interpretation School

Can't look at a document and apply it at face value, because of changes in society over time. General ideals of freedom and government, a changing document over time depending on how you interpret it. (Let the states decide) Criticism: Document can be interpreted any way. Stare Decisis no longer exists

Request for Entry Upon Land (Discovery Phase)

Certain cases where the location is important for the case to view and photograph, etc.

Classifications of Law

Civil, Criminal, Substantive, Procedural, Legal, Equitable

The Taxing Power

Congress can lay and collect taxes, duties, imposts (tax on imports), and excises (taxes on sales). All taxes must be uniform. *No income tax yet

(File) An Answer

Counter-sue with a counter-claim

Third Party Claims

Defendants claim that their not the ones who should be sued and it should be a whole other party, therefore getting another individual involved.

Pre-Trial Conference (Pre-Trial Phase)

Court will ask if you're ready for trial, if you are, then the court will set a trial date. They will ask if you have engaged in ADR (Alternative Dispute Resolution) if not they will make you undergo it. Two types: Arbitration and Mediation. Resolve dispute without having to go to court. Advantages of ADR: less costly than trial, quicker, less formal, private/confidential, choose arbitrator and mediator, choose the venue, no control of the resolution.

Trial Courts

Courts of original Jurisdiction, those that can take evidence and testimony from witnesses Circuit Courts ($15,000 +) > County Courts ($5,001-15,000) > Small Claims Court ($5,000 -) District Courts (Federal court) Diversity cases

Independent Agencies

Created by congress, but are independent of the executive branch. Typically answer to congress who oversees them. They are headed by a COMMISSION (not one person), such as the FCC. Any "___ Commission" is an independent agency, run by a commission. These people are appointed by the president who are then confirmed by the senate. They answer to Congress on how to run their commission. They are independent to the president, so they don't answer to him.

Governmental Agency

Created by congress, headed by ONE person, selected by the president and confined by the senate. Created to run a Quasi-Business Venture - to operate like a Private-Sector business where they are seemingly self-sustaining, to make a profit and no tax dollars (Post Office). If they cannot support their business then they will be supported by tax dollars (Quasi: seemingly).

Expertise in a particular area (Administrative Agencies)

Dedicated to regulating a particular area and become experts on this certain area. They are compared to congress and yet are better educated than them in this area. (FAA has trained experience in air-travel than the average person).

Quasi-Official Agency

Different than the other three.Created by congress, members are appointed by the president and confirmed by the senate, usually run by more than one person, but DO NOT have any rule making authority. They run a particular area but come to congress for rule making authority (Amtrak).

Peremptory Challenges

Do not need to state a reason. Based on your gut decision to remove biased jurors. Limited to strike 3 jurors. Can't use for race or gender reasons. If you're going to use one, you can be challenged for not being race-neutral.

State Constitutions

Each state constitution grants you the right to do something that's not in the Federal constitution giving you the right to do it, even if they were to outlaw it at a Federal level. If state permits it then you can do it. Protect your individual rights on a personal matter. State can provide more protection than on a Federal level.

More flexible (Administrative Agencies)

Easier to make a rule than to have congress pass a statute. When confronted with a new situation, they can pass and change rules since they do not need consent from anyone. Therefore they are more responsive to things that happen without notice.

Federal Agencies conduct 2 operations

Economic Regulation and Public Welfare

Rational Basis Test

Economic or Unprotected Is there a legitimate interest? Is there a rational reasoning? (Taxing the wealthy more)

Executive Branch

Enforce and uphold the laws presidency and executive branch

A well-developed hierarchy (Administrative Agencies)

Every time new people come into office they want to change things. This is an established agency with life-long bureaucrats that have rules that always stay no matter who the political leader is, which creates stability for the government.

Informal Rulemaking

FAA publishes a notice for the public (CFR: code of federal regulations) giving the new rule as an announcement. They set a public comment period to take feedback from the general public on the rule. They gather the comments, ignore or listen, and pass the rule. (Comments only after passing rule)

State Court

FL Supreme Court, District Courts of Appeal >> Appellate Courts Circuit Courts ($15,000 +), County Courts ($5,001-15,000) - Small Claims Court ($5,000 or less) >> Trial Courts

Due Process

Fairness under the law. No person shall be deprived of life, liberty, or property without due process of law. They can take them away, but they must give you due process before you execute them. State goes against you. *Corporations do not get this 5th amendment protection! Government can seize any records. Two types of due process: Procedural and Substantive

1st Amendment (The great amendment)

Freedom of speech and freedom of religion

Intermediate Scrutiny Test

Gender or Age Important governmental interest? Is there a substantial relationship between the means and the ends? (Pregnant women can't be around lead, lead factory sues because most workers are women, court does not find the substantial relationship)

Freedom of Religion

Government can neither establish religion nor prohibit the free exercise thereof (neutral). States cannot have religion, but schools allow equal access for religious groups and clubs.

Miranda Rights

Have been inferred by the 5th amendment, which states that you have a constitutional right to due process and you can be a witness for yourself.

Procedural (Due Process)

How the laws are applied, procedurally

Procedural Law

How we enforce the Substantive laws. (When arrested must be read rights, provided bail/bond, etc.), Group of laws that define the methods for enforcing legal rights and duties.

(File) A Motion to Dismiss

In response to complaint before you answer, tell court that they got the complaint wrong and the complaint was filed illegally making the opposing lawyer re-file and re-serve you. After a few attempts to fix the draft, they can be required to throw out the claim if there are still problems.

IME or CME (Discovery Phase)

Independent or Certified medical exam. Being sent to doctor of choice to see if all claims are true. Defendant has to pay for opposing side.

Civil Law System

Its core principles are codified into a referable system which serves as the primary source of law. Requires you to read through the statute (set laws and codes). No law comes from common/case law. Read statutes to find out what the law is. Your automatically presumed guilty where the judge asks questions on their own to determine guilt.

59 Midnight Appointments

John Adams signed the commissions for these Federal judges (serve for life) during his last night in office. Commissions are given to John Marshall, secretary of state, to deliver but only delivers 42/59, missing Marbury. Demonstrated the Federalists' last minute attempt to keep some power in the newly Republican Government. Marbury (Chief Justice Of Supreme Court) vs. Madison (Jefferson's VP) > Marshall wants to issue a writ for Madison to give Marbury his commission but it is all denied as unconstitutional.

Legal Positivism Jurisprudence

Law comes from proper enactments by appropriate authority. There is no necessary connection between law and morality and that the force of law comes from some basic social facts. It holds that law comes from various sources, usually the government. If the government enacts a law, then it should be followed.

Common/Case Law System

Law derived from other cases - Stare Decisis. The ruling in a case can be applied to other parties that come along, to the people in the case, and to other party's cases in the future. Ruling goes to appellate court (court of appeals) if ruling is correct or not, and becomes a binding law

Legal Realism Jurisprudence

Law is a reflection of the personal views of those people in charge of enacting, applying, and enforcing it. The actual practice of law determines what law is. There is no such thing as a blind application of a rule, there will always be bias in a system. Find out the judge/jury's bias and you will find out the different applications of the rule.

Sociological Jurisprudence

Law reflects the influence and needs of certain groups over others. Some groups have more power over others. Who is making the law and who the law is being applied against? (Poor communities have more blacks/Hispanics, more cops on duty, and more blacks/Hispanics being arrested)

Substantive Law

Laws of what you can and can't do. Consists of all laws that define, describe, regulate, and create legal rights and obligations.

The Discovery Phase

Learn everything about the other party's case and their claims against you. *Florida is an Open Discovery state where you share everything with the other side or you don't get to present it to the jury. We want both sides to know what the other side has, so the case can go away (settle case, plead out, etc.). This can include: Interrogatories, Request to produce, Deposition, IME/CME, Request for Entry upon Land

Advantages of Stare Decisis

Legal system is much more efficient, it took the bias out of the system, a body of law from case law that is binding on all courts. The only time you could ignore president is if the prior ruling had no social value (once USA got common law). Stable and predictable law for the Normand people, therefore getting compliance in return

Economic Jurisprudence

Legal systems are merely a reflection of choices in a free market. A system that allows people to maximize their gain and minimize their pain. (People behave rationally)

Reasonable Suspicion

Less than probable cause, but officer has a heightened sense of concern. An exception to the 4th amendment, a Terry Frisk, was implemented if an officer has a reasonable suspicion (end of revolver sticking out and man denying anything in pockets). If he finds something like paraphernalia or other than the gun (contraband), he can arrest the man as well.

Interpretations of the Constitution

Liberal Interpretation School Strict Construction School (conservative)

Legislative Branch

Make the law - congress, senate, House of Representatives. Closest branch to the people (best interest as a country as a whole). *A Representative Republic - deliberate and vote in the best interest of the country as a whole. (Not democracy!)

5th and 14th Amendment

Making due process applicable to states, 14th includes an Equal Protection Clause, which is applicable to the Federal Government in addition to the states.

Long Arm Statutes

Most states have passed this, saying that a court can get personal jurisdiction over someone if they live in the district where the court is, they do business in that district, if you serve them with the lawsuit while they were in that district, or if they commit a torte (harmed someone in that district, i.e. Hitting your car). Further, if you don't fall under these, do you have minimum contacts with that state? (Are you regularly traveling through that district?)

Appellate Courts

NOT a court of original Jurisdiction. Cannot take evidence or testimony from witnesses, they merely review the lower court cases to determine if they followed the common law.

The Spending Power

National government must pay debts, provide for the common defense, provide for the general welfare.

Unprotected speech

No protection for dangerous speech (yelling fire), fighting words (racial slurs), incites violence or revolution (immediately engage in violent overthrow), defamatory speech (lie about your neighbor/false statements), obscene speech (profanity up to interpretation), Child pornography

Arbitration

Non-Binding (don't have to accept the decision) or Binding (bound to the result and don't go to trial). By contract (Arbitration Clause) or by agreement. Each party picks an advocate for them and one neutral advocate. Now they try to use only one impartial arbitrator.

Freedom of Speech

Not absolute, can't say whatever, wherever, whenever. Speech can be restricted to time, place, and manner. Different types of speech: Highly protected, Partially protected, or Unprotected

Subject Matter (Jurisdiction)

Not all courts hear the same matters that is why there are different types of courts. Which court has the particular authority to listen to that subject matter?

Administrative Law Courts

Often run by the agencies themselves. No check and balance because there should be a second and third entity enforcing and adjudicating. You then can appeal to the federal district court only after going to administrative court. (Timely and expensive)

Motion for a new trial

One or more of the rulings were incorrect, have judge look at it a second time and if the judge agrees that he let things slip by or allow too much, he will grant a new trial.

Equitable Law

Order the court to either do or stop something. Other than money. Equitable Remedies: Injunction (order to stop or do), Rescission (cancel a contract), Restitution (restore or give back to rightful owner), Specific performance (other party not honoring contract, make them perform their required action)

Writs of Mandamus

Orders issued by a higher court to a lower court, government official, or government agency to perform acts required by law

County/City Ordinances

Other sources of law (law, statute, or regulation created by the political subdivision of a state or town)

Disadvantages of Stare Decisis

Our system wants to change when society changes, but stay the same for stability, predictability, and fairness > "Push me pull you" (2 heads each going in opposite directions) is always happening

The Strict Scrutiny Test

People are protected based on race, religion, national origin, and color Is there a compelling governmental interest? Did we do this the least restrictive way possible? (Easier or better way to address this problem - singling them out without a compelling reason with least amount of offence)

Opening Statement

Preview of what you are going to show the jury. Proving your credibility as an attorney. Civil case: the plaintiff goes first, they have the burden of proof. Preponderance of the evidence - the greater weight of the evidence to tip the scales in your favor. Criminal case: the burden of proof is on the state. Preponderance of the evidence needs to be beyond a reasonable doubt (eliminate all reasonable doubt, determined by the jury, eliminating reasonable doubts).

Default Judgment

Processor finds person to serve the complaint, 20 days to file a response or else the clerk of court will file a Default Judgment: you lose and the amount of damage is to be decided. *Anything filed will be counted as a response.

The Full Faith and Credit Clause

Public acts, public records, and judicial proceedings from one state must be recognized an enforced in all states. (Gay marriage issues from state to state)

Civil Law

Rules that regulate wrongs committed against your neighbor. Neighbor can sue you for the harm you caused them (person can sue you directly).

Partially protected speech

Regulated (Commercials/advertising) as long as it's not fraudulent, misleading or deceptive

The Interstate Commerce Clause

Regulates commerce between the states, the one way our government regulates purely local activity. Evolution - Any commerce in the state was regulated by the state, but there are federal implications when crossing states, which were not covered in the articles of confederation. Now interstate commerce is under federal law so there is one system governing businesses such as trade. States still regulated commerce only inside their states (Police Powers: regulate their citizens - health, safety, general welfare, morals). Supreme Court balances state activity if it substantially affects interstate commerce.

Appeal

Request for a new trial, or your ruling is affirmed and you are stuck.

Request to produce (Discovery Phase)

Requesting all physical evidence that they must present to the jury to prove their claims (video, witnesses, bumps and bruises, etc.)

Highly protected speech

Restricted, but content cannot be regulated. (Political speech)

Criminal Law

Rules that regulate wrongs against society. Punished because you have harmed society as a whole. State or people bring the action with or without the victim (DNA, witnesses, etc. charges brought by the state)

What is Law?

Rules that society has enacted to either permit or prohibit us from doing certain activities. Rules regulating conduct. A system that has been put in place to implement the rules, therefore creating the legal system.

4th Amendment

Search and Seizure

Cross Claims

Sometimes the plaintiff can sue more than one defendant and the defendants sue each other (3 people involved in a car accident)

Federalists

Supporters of the Constitution

Selective Incorporation

Supreme Court took the opportunity to give their opinion on the Bill of Rights. Certain guarantees in the Bill of Rights and their case law are now applied to the states (not only federal) due to the 14th Amendment. Amendments 1, 4-8 have all been made applicable to state law.

Deposition (Discovery Phase)

Sworn to oath, every word being recorded

Judicial Branch

System of checks and balances that interprets Congressional laws

Privileged and Immunities Clause

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. One state cannot discriminate against out-of-state citizens, *except if they are protecting a legitimate local interest (paying out-of-state tuition). California didn't charge tuition to their in-state students because they are tax payers

Jurisdiction

The concept of the authority of a court to hear your case. If they don't, they lack jurisdiction. Power to make legal judgement.

The Supremacy Clause

The constitution, federal law, and treaties are "the supreme law of the land." It governs the relationship between people and the government. Constitution gives specific, limited authority to federal government and that is the supreme law of the land, anything else is left to the states. If a state law conflicts with federal law, the state law is invalid. Any powers not given to the federal law are reserved to the people > make states responsive to their citizens.

(File) Counter Claims

The defendant has to file an answer and sues the plaintiff back

The Doctrine of Preemption

The federal government has filled the field with legislation, that the states have been bumped off and cannot regulate in that area. Federal law takes over that airspace/area. (FAA and FCC). Uniform rules regulating broadcasting and air travel over all states. *Giving more power to the central government

Articles of Confederation

The first attempt to organize the rules over the colonies, didn't work because it was a weak form of central government, because we just earned our freedom from the kings. These articles had very weak federal power. The colonies became states, and wanted to fix the Articles of Confederation, called a convention (May 14, 1786 in Philadelphia) where they agree to make a new document containing a new government, drafting the new constitution. 9/13 states ratify it to take into effect.

Bill of Rights

The first ten amendments of the U.S. Constitution, containing a list of individual rights and liberties, such as freedom of speech, religion, and the press. (Smaller states would have personal protection) *Directed to the federal government, indented to limit federal power. This caused a problem because people declared equal protection and due process, but nowhere does it say the state needs to give citizen due process, which allowed states to discriminate and therefore discriminate against slaves.

The Natural Law of Jurisprudence

The legal system is a reflection of our morals. We have a true nature of being human which comes from God (made in His image). If we are true to our nature, we are told what is moral and immoral. Behavior is consistent with you nature = morally right. It is inconsistent with human nature to kill a fellow human. *The Founding Fathers followed this school of law.

US Constitution

The source from which all other law flows (framework of all law)

Formal Rulemaking

They put out notice to pass a rule, set a date and time for public hearing, where anyone can come before the agency for as long as they like to voice their opinion on the rule. Usually people provide evidence against the agency. They don't have to listen, they just have to take comments from you before passing the rule.

Separation of Powers Clause

Three branches of federal authority: Executive, Legislative, and Judicial

Mediation

Through Consent or Court Order. *Preferred by the court. Mediator, an attorney or judge, is appointed. Settlement agreement is always binding (bound to the result and don't go to trial), if and only if you reach a settlement. If not settled, you will be set for trial.

Economic Regulation

To regulate certain areas of business, for example the FCC (radio, TV, airways) and EEOC (equal opportunities)

Federal Court

US Supreme Court, Circuit Courts of Appeal >> Appellate Courts District Courts >> Trial Courts

1066 William The Conqueror, The King of Normandy

Went across the English Channel defeating English in the Battle of Hastings, killing the English king, thereby ruling England and France. Normand people instituted their own system known as our Common Law where the king had judges who rode a circuit over the realm to enforce and administer the king's law.

A Case of First Impression

When a new case came about, when no rule existed, the judge had to come up with a resolution, write it down in a book, meet with the king and other judges, add it to the book of laws and becomes binding law for everyone in the realm. They did this once a year.

Legal Law

When you sue someone for money. Authorized and based on law

Cause Challenges

Where a juror is obviously bias. You can strike as many jurors who are not fair or impartial. (example: woman who does not tolerate alcohol, in a DUI case, she will be cut from jury)

Area of Concurrent Power

Where both parties are able to regulate in the same area, where they overlap, as long as state regulation doesn't conflict with federal regulation (interstate commerce). The power for federal and state gov to tax, build roads, establish bankruptcy laws, and to create lower courts.

Concurrent Jurisdiction

Where more than one court can hear a complaint

Pre-Trial Phase

Whether or not to resolve or move forward and try the case. Includes: Summary Judgment, Pre-Trial Conference (ADR)

Substantive (Due Process)

Whether the content of the law is fair

Interrogatories (Discovery Phase)

Written questions to the opposing party that they must answer in writing and swear under oath that their answers are the truth. Similar to testifying.

Strict/Conservative Construction School

You can amend the constitution at any given time if the document does not address the situation. (Let the federal government address the issue and amend the law) Beliefs of Founding Fathers, limited government. Criticism: sometimes society is not ready or willing to amend the constitution, resulting in worse results, which cannot be undone.