LEGL 2700 Test 1 (chp. 1, 3, and 4)

Judgement

Official adjudication of a court of law

___________________ must exist for a court to hear a case

Subject matter jurisdiction

Why shouldn't you impede the discovery process?

Such efforts often backfire, and you could be sanctioned

Lochner v. New York

Supreme Court case that decided against setting up an 8 hour work day for bakers, limits to working time violated the 14th Amendment (freedom of contract)

Court

a setting run by the govt where legal disputes are resolved

Lawrence v. TX

allowed same-sex sodomy

Lycurgus

9th C BC Ruler of Sparta encouraged slaves

___________________ is one of the primary reasons for the high cost of litigation

Abusive discovery

Obergefell v. Hodges

same-sex marriage

Ownership

the term refers to the exclusive legal right to possess, transfer, and use resources (syn for "property")

The court system -both at the federal and state level- operates in three levels:

the trial court, the court of appeals, and the supreme court

What is the difference between criminal law and civil law?

crim. law = punishment of those who commit crimes civ. law = victim compensation

Defendants typically make a motion for a __________________ after the plaintiff has presented his or her case

directed verdict

Statute of limitations

A statute that sets a date after which a lawsuit may not be brought. The statute begins running after the happening of a certain event, such as the occurrence of an injury or the breach of a contract

Affidavits

A sworn written statement made before an officer authorized by law to administer oaths

Brief

A written document produced by a party for a reviewing court that contains the facts, propositions of law, and argument of a party. It is in this document that the party argues the desired application of the law and any contentions as the rulings of the lower court

Interrogatories

A written question submitted by one party to another in a lawsuit, have to answer under oath; a type of discovery procedure

Oral argument

Attorneys appear in person before the appellate court to explain orally to the court their position in the case and answer the court's questions about the case

True or False: A recent study by the Federal Judicial Center found that the overwhelming majority of federal judges believe that frivolous litigation is a major problem in the federal court system

False

True or False: class-action suits can be easily settled

False

What is the 13th Circuit Court? What type of cases do they deal with?

Federal Court; (international cases, patent cases, etc)

Federal courts typically obtain jurisdiction upon _____________________ or __________________

Federal courts typically obtain jurisdiction upon diversity of citizenship or federal questions

Burden of proof

It may describe the party at a trial with the burden of coming forward with evidence to establish a fact. Also describes the party with the burden of prosecution. This party must convince the judge or jury of the disputed facts in issue or else lose that issue. There are various degrees of proof

___________ do not like to admit to making mistakes during the trial

Judges

Beyond a reasonable doubt

The burden of proof required in a criminal case. The prosecution in a criminal case has the burden of providing the defendant is guilty, and the jury must have no reasonable doubt about the defendant's guilt

What two things provide the framework for the lawsuit?

The complaint and the answer

Is the sample complaint usually simple or complex? Explain

The sample complaint keeps things very simple. However, in many complex cases there may be several plaintiffs and defendants and multiple claims

Pleadings

The system for defining and narrowing the issues by parties who file formal documents stating their respective positions in a lawsuit

Ancient Roman Law consisted of what three main things

Twelve Table Justinian Code Developed juries

attachment

a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor

Statute

a legislative enactment

Breach of contract

a party's failure to perform some contracted for or agreed-upon act, or failure to comply with a duty imposed by law

Negligence

a person's failure to exercise reasonable care that foreseeable causes another injury

What must a plaintiff do to establish standing to sue?

a plaintiff must establish that a case or controversy exists and that he or she has a personal stake in the resolution of the case

Precedent

a prior judicial decision relied upon as an example of a rule of law

Brief

a short description of the case; a factual summary; legal points and authorities; and arguments for revising or affirming the lower court decision

inquisitorial system

a trial system where the judge plays an active role in gathering evidence (European system)

An ____________________________ can lead to the partial loss of wages to satisfy the creditor

adverse judgement

Do remember that most _______ cases are settled or resolved prior to trial

civil

Juries need a unanimous vote in federal courts for which type(s) of cases?

civil, criminal

Property law

the law of the legal fence that establishes exclusive right in someone called an owner

Constitutional law

the legal issues that arise from interpreting the US Constitution or a state constitution

Administrative law

the legal principles involved in the workings of administrative agencies within the regulatory process

Ordinances

the legislative enactment of a city, county, or other municipal corporation

motion for summary judgment

-D attorney can argue that P does not have a case and judge can kick out case -OR- P can argue that D is obviously guilty so judge can rule on case -Where most cases settle, more likely that judge lets it go to trial cuz facts aren't crystal clear

What is significant about Chief Justice Roberts?

-Decides who will right the opinion -Non-partisan -Stare decisis -Saved obamacare by going with liberals

Flowers v. Mississippi

-Flowers was black man accused of triple homicide, tried by all/most white juries -a United States Supreme Court case regarding the use of peremptory challenges to remove black jurors during a series of Mississippi criminal trials

service of process

-Give a copy of complaint and summons to defendant; have 30 days to respond or else you lose case -If suing a person, hand complaint to them in person (personal service)

Juliana v. US

-Govt hasnt been doing enough to combat climate change which is affecting their generation -a climate justice-based lawsuit filed in 2015 that is being brought by 21 youth plaintiffs against the United States and several of its executive branch positions and officer

Who is the most recent appointed judge and who did they replace

-Most recent appointed judge = Kavanuagh -Replaced Kennedy (swing-vote; centerist)

What is surprising about Kagan?

-Never was a judge -Obama's solicitor general

Name an example of a statute

-Obamacare -Official Code of Georgia Annotated or OCGA

witness examination / presentation of evidence

A general term which refers to the questioning of the witnesses for both parties

Summary judgment

A judicial determination that no genuine factual dispute exists and that one party to the lawsuit is entitled to judgement as a matter of law

Garnishment

A legal proceeding whereby a creditor may collect directly from a third party who is obligated to the debtor

Request for an admission

A method of discovery used to narrow the issues to be litigated by having a party request that the other party admit the facts that are not in dispute; collect text messages, emails, etc (aka E-discovery)

Request for production of documents

A method of discovery whereby one party asks the other to provide documents for the requesting party's review

Class-action suit

A method of litigation that allows one or more plaintiffs to file a lawsuit on behalf of a much larger group of persons, all of whom have a common interest in the claims being litigated

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party

motion for mistrial

A motion filed seeking for the trial to start over with new jury due to a serious misconduct that occurred

motion for directed verdict

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support her or his claim; all the facts are in PT/D favor, obvious PT/D should win

Constitutional relativity

the idea that constitutional interpretation is relative to the time in which the Constitution is being interpreted

Henry II

standardized code and judiciary in 1150-1200 AD; scribes write down judicial opinions (known as case law)

In environmental harm cases, how is standing often satisfied?

standing often is satisfied by showing the plaintiff uses the affected area and its aesthetic and recreational value has lessened by the pollution

Originalism

stands for the idea that courts should interpret the Constitution according to the intention of those who wrote it

State Jurisdiction

state courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach

opening statements

statements by opposing attorneys that tell the jury what their cases will prove

Dicta

statements made in a judicial opinion that are not essential to the decision of the case

No case can proceed forward without the existence of both ______________ and _____________

subject matter and personal jurisdiction

Many cases settle after a ruling on the motion for _______________________

summary judgement

A motion for _____________________ seeks to resolve the case without trial

summary judgment

Preponderance of the evidence

the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other; typically used in contract and tort cases

Supreme court

the highest appellate court

Name all the liberal supreme court judges

Ginsberg Sotomayor Brayer Kagan

____________________ is given to the trial court in reviewing appeals

Great deference

________________________ are a series of written questions that must be answered by the opposing party

Interrogatories

What are the three types of results from appeals

-affirm -reverse -remand

How did the following English law people E. Coke, M. Hale, W. Blackstone influence US law

Case law precedent

_________________ act as reviewing courts and generally are concerned with issues of law

Appellate courts

George zimmerman v. trayvon martin

-Asked jurors if they had any preconceived opinions on this, many said yes -Did research on jurors' social media to see if they have bias, some did

How do we enforce laws?

-court systems -procedural law -litigation

Substantive law

a body of rules defining the nature and extent of legal rights

What is usually the prayer for relief in civil litigation?

money

Sanctions

penalties imposed for violation of a law

Opinion

the decision of a judge, usually issued in a written form

Griswold v. CT

-1965 First time the Court recognized right to marital privacy. Connecticut law prohibiting access to birth control information and use of contraceptives (Comstock Act) overturned. implied right to privacy in constitution -5th amendment: due process -4th: no reasonable search and seizure without warrant -3rd: no quartering of soilders

Foster v. Chatman (2015)

-1987: D attorney use peremptory strike to take out all black jurors, said it was just a coincidence -All white jury convicted him for murder and gave him death penalty -30 yrs later, got ppl to help get him off death row -Got notes from D attorney, lots of references to race, circled race of all black jurors, noted "B" next to black jurors -Appealed to US Supreme Court that confirmed racial bias

Marbury v. Madison

-Chief Justice John Marshall -"It is emphatically the province and duty of the judicial department to say what the law is" -Jefferson vs adams; appointed a bunch of his friends to be justice of the peace, jefferson doesnt deliver their commissions; Marshall ruled in jefferson's favor -declared, for the first time, an act of Congress unconstitutional, thus establishing the doctrine of judicial review

Saladin v. City of Milledgeville (11th Circ 1987)

-City seal had an angel riding an eagle with two flags labeled "liberty" and "christianity" -Unconstitutional since it doesnt separate church and state -Saladin argued that if youre not christian then you cannot get anything done at city hall (rezoning, etc); feel like second hand citizen -Court said Saladin does have standing

Are oral arguments or written briefs used more often today?

Oral argument is used less often today with courts often relying on written briefs

Deposition

-Oral questions asked of parties and witnesses under oath -Use interrogatories to see who u need to contact to request documents -Hire court reporter to make transcript and videotape it (read body language to see if theyd be good on witness stand) -Read all emails to know what to ask, witnesses can't lie -Opportunity for a settlement

What are the steps for pretrial in civil litigation?

-Pleadings (complaint, service of process; answer, counterclaim, motion to dismiss) -Discovery -Motion for Summary Judgement

Bayer v. Roundup verdict

-Roundup gave Bayer cancer and didnt disclose the risks -$2 billion for one person; reduced to $87 million -Compensatory - $55 million; reduced to $17 million -Punitive - $2 billion; reduced to $69 million (usually no more than 5 times the compensatory damages)

Spokeo, Inc v. Robins

-Spokeo publishes that Robins was wealthy, married, has children, and was employed; wasnt true and hurt Robin's chances of getting a job bc they couldve gotten the impression that he is overqualified and not willing to move due to family Court argued that injury is not concrete and particularized, but Robins argued that he's trying to get a job but employers think he's employed or overqualified bc of degrees Supreme court ruled that he had standing and case was sent back down to lower level court Key points -An individual must have standing to pursue a claim -To have standing, the individual must suffer an injury in fact that is concrete and particularized -Intangible injuries can be concrete if they actually occurred to satisfy the injury-in-fact requirement

Mayer v. Belichick

-Spygate: Belichick was illegally recording the Jets signals / plays -Mayer: NY Jets season ticket holder, not fair!, argued that this injury was particularized since it ruined his experience of football (want Belichick to buy out his season ticket) -Expecting $3K in recovery; putting together a class action (3K turns into millions due to all fans getting reimbursed) -Court ruled that he didnt have standing; bad feelings about football wasnt concrete enough Key Points -To maintain a lawsuit, a plaintiff must have standing or a legally cognizable claim -The Third Circuit found that, bc the plaintiff did not have a legally protected right arising out of the alleged "dishonest" videotaping program, he did not state an actionable injury -Accordingly, defendant's motions to dismiss were granted

Describe the conflict b/t T. Becket and church court

-T. Becket went rouge and challenged Henry II, Becket was murdered -"Miserere" - first offenders go to church court pretend to be a priest and get off the hook

Pena-Rodriguez v. Colorado

-a United States Supreme Court decision (5-4) holding that the Sixth Amendment requires a racial bias exception to the no-impeachment rule -After trial one juror made racist comments, there was debate if he should get a new trial; Everyone thought he did it anyways so he shouldnt get a new trial, supposed to weed out racists before trial so its too late, need finality

What are some cons to deterrence or proportional themes of law

-barbaric (eye for an eye; cruel and unusual) -over-deterrence

What are the two types of execution of judgement

-garnishment -attachment

Despositions

A discovery process outside the court's supervision that involves the sworn questioning of a potential witness. This oral questioning is reduced to a written form so that a record is established

How do laws help society function?

-protect life and liberty -promote equal opportunity / treatment -enforce / encourage good corporate governance

What types of cases does the Supreme Court hear?

-socially important cases -circuit split cases (ex: freedom of religion; want to put up statue on UGA, 11th circuit rules no but 8th circuit rules yes ex: same sex marriage; violates constitution on one state but is fine in another; need one country-wide ruling)

What do you need for civil litigation?

-standing to sue, ripeness -actual case or controversy -legally "cognizable" injury -capable of relief -"actual and imminent" harm -"concrete and particularized" injury

Sea Search Armada v. Republic of Columbia

-the San Jose sunk 1708 in British-Spanish conflict -$17 billion worth of peruvian gold on ship ("Holy Grail" of shipwrecks) -came to 50/50 agreement b/t Sea Search Armada and Columbia 2000: new law passed that ppl that found it gets a 5% finder's fee and Columbia gets rest -statute of limitations procedural law that states you have a certain time (4 yrs in DC) to bring your case into US court or else you snooze you lose

Why do we need laws?

-unify diverse peoples -enforce morality -help society function

What are the steps for trial in civil litigation

-voir dire / jury selection -opening statements -witness examination / presentation of evidence -motion for directed verdict -closing arguments (summations) -motion for mistrial -jury instructions / verdict -motion to set aside the verdict -appeal -execution of judgement

Batson v. Kentucky

-was a case in which the United States Supreme Court ruled that a prosecutor's use of peremptory challenge in a criminal case—the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race -Outlaw racial discrimination in jury selection -Allows lawyer misconduct in a single case to establish discriminatory motive in making peremptory strikes

Walmart Stores, Inc. v. Dukes

-women working for Walmart were saying that they were discriminated based on their sex and filed class action law suit (representing 1.5 million women). Reversed order b/c 3 girls couldn't prove commonality (that all 1.5 million women were faced with the same discrimination) Key Points -"Commonality," which requires a PT to show that there are "questions of law or fact common to the class," is an essential element to establish a class action -Bc the PTs were unable to demonstrate commonality, class certification was denied -Even though class certification was denied, women in the potential class can still bring claims if they can demonstrate discrimination

what are the four types of witness examination

1. direct examination 2. cross-examination 3. re-direct 4. re-cross

What are the 3 methods of discovery?

1. interrogatories 2. request for document production 3. depositions

What are the 4 judicial philosophies

1. positive law 2. natural law 3. historical school 4. sociological school

Magna Carta

1215 AD Nobles had a lot of political power

Twelve Table

445 BC Written legal code

Justinian Code

550 AD, Christianity, 60 volumes, detailed code (extensive code)

Solon

6th C BC Canceled all debts after large wealth inequality

"Draco"

7th C BC Tough ruler Law and order Creditor's rights (good for aristocracy)

Clear and convincing proof

A burden of proof that required the party with the burden to establish clearly the existence of the alleged facts, this burden requires more proof than merely having a preponderance of evidence on one's side

garnishment

A court ruling that requires that money be deducted from a person's paycheck involuntarily in order to pay a debt

Third-party defendants

A party who is not a party (plaintiff or defendant) to the original litigation. Typically, a defendant might file a claim against a third party stating that if the defendant is liable to the plaintiff, then this third party will be liable to the defendant

Judgment on the pleadings

A principle of litigation, in the form of a motion, whereby one party tests the validity of the allegation contained in the complaint and answer. Upon this motion, a judge might determine that the pleadings contain no issues of fact or law and thus grant a judgment prior to a trail

motion to compel

A request by one party to the court for an order requiring the other side to comply with a discovery request, judge gets involved

sociological school

A school of legal thought that views the law as a tool for promoting justice in society; follow trends ex: most american believe gay ppl should be able to marry so gay marriage passed

Prayer for relief

A section at the end of a complaint specifying the relief requested by the plaintiff (ex: money)

Long-arm statutes

A state statute that gives extraterritorial effect to process (summon) in specified cases. It allows state courts to obtain jurisdiction in civil actions over defendants who are beyond the border of the state provided the defendants have minimum contact with the state sufficient to satisfy due process; a law that gives a state court jurisdiction over an out-of-state individual or company whose conduct caused damages within the jurisdiction or to a resident of the jurisdiction

Jury instructions

A statement made by the judge to the jury informing them of the law applicable to the case the jury is bound to accept and apply

Summons

An official notice to a person that a lawsuit has been commenced against him or her and that he or she must appear in court to answer the charges

Counterclaim

Any claim filed by the defendant in a lawsuit against the plaintiff in the same suit; D can sue P now or they'll lose it, create doubt in jury, make plaintiff scared and have leverage to settle

motion to dismiss

Assuming that the PT's facts are correct, legal precedent prevents them from winning; doesnt win purely bc of law (no standing to sue, statute of limitations); Ex: Sea Search Armada v. Republic of Columbia; injury occurred in 2000 but waited until 2010 to file lawsuit and it was too late

Name all conservative judges

Chief Justice Roberts Kavanaugh Thomas Gorsuch

What two concepts developed in English Law in the 1300s

Common Law, Equity

What is a "concrete and particularized" injury?

Concrete: Real Particularized: Specific to you

This document lays out fundamental and basic rights AND the structure and powers of the federal govt

Consitutions

What are courts of appeal looking for?

Courts of appeal are looking to see if harmful errors were made by the trial court

What is the name of the 12th Circuit Court of Appeals?

D.C. Court of Appeals

_____________________ of all potential witnesses can be very expensive and burdensome. Lawyers advise their witnesses to answer truthfully but not ______________ in this process

Depositions, volunteer info

What is a special function of the trial court regarding evidence

Determining the weight and credibility of the evidence is the special function of the trial court

Name an example of an Administrative Regulation

EPA sets pollution laws for companies

___________________________________ occurs when a court official, such as a sheriff or marshal, seizes some property of the debtor, sells it at public auction, and applies the proceeds to the creditor's claim

Execution of a judgement

Verdict

Findings of fact by the jury

Hammurabi's Code

First written legal code that we know about 1750 BC Eye for an eye (deterrence)

Roy Moore

Former Cheif Justice of Alabama that posted the 10 commandments outside of his courthouse after the federal courts said he wasnt allowed to

___________________________ is a method of enforcement where a portion of the debtor's wages are paid to the court, which in turn pays the creditor

Garnishment

Causes of action

In civil lawsuits, the allegation that the harm suffered by the plaintiff (victim) was a direct and proximate result of the defendant's behavior. (ex: breach of contract) fact that gives person right to seek judicial relief against another

Complaint

In legal practice, the first written statement of the plaintiff's position and allegations, which initiates the lawsuit; opening shot to court, tell court parties (who you are and who youre suing), facts, legal claims / causes of action, prayer for relief

__________________ allows the courts to review actions taken by legislature and executive branches of govt

Judicial review

__________________________________ are used to acquaint/familiarize the jury with the law applicable to the case

Jury instructions

____________________ must be met to bring a class-action suit, particularly in a federal court

Long-arm statutes

What is significant about Gorsuch?

Merrick Garland was appointed by Obama but the Republican majority in the Senate refused to vote, waited until next pres would appoint a conservative judge

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

What happens if you fail to state a cause of action?

Motion to dismiss; "Even if everything the PT says in his complaint is true, he is not entitled to the relief he seeks"

What is the difference between natural law and positive law?

Nat. law = philosophy of law; moral absolute; reflect universal good or bad; hard to change; man-made reflect higher power / nature ex: don't kill Pos. law = how we make society function, open to change, man-made ex: seat belt laws, speed limits

Can a jury understand a technical case?

Not really; ex: 2008 financial crisis; complex laws and complex banking transactions

____________________ means no cause or reason needs to be given to excuse a prospective juror. It can be traced at least as far back as 14th century England

Peremptory challenge

Discovery

Procedures by which one party to a lawsuit may obtain information relevant to the case from the other party or from third persons; Each side digs into their case, ask for info from other side that would otherwise be private (only exception is convo.s w/ lawyer)

Re-Cross Examination

Questions asked that are limited to the scope of the re-direct examination

Conflicts of law

Rules of law the courts use to determine that substantive law applies when there is an inconsistency b/t laws of diff states or countries

Who was the first Hispanic woman judge?

Sotomayor

pleadings

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case. (complaint, service of process --> answer, counterclaim, motion to dismiss)

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Judgement notwithstanding the verdict

The decision of a court that sets aside the verdict of a jury and reaches the opposite result

Res judicata

The doctrine that deems a former adjudication conclusive and prevents a retrial of metters decided in the earlier lawsuit

Default

The failure of a defendant to answer a plaintiff's complaint within the time period allowed by the court. Upon the defendant's default, a judgment is entered in the plaintiff's favor

cross examination

The interrogation of a witness by the opposing party

Respondent

The party answering a petition for a writ of certiorari in the Supreme Court

Petitioner

The party filing either a case on equity or a petition for a writ of certiorari before a supreme court

Defendant

The party involved in a lawsuit that is sued; the party required to respond to the plaintiff's complaint

Counterdefendant

The party involved in litigation against whom a counterclaim is filed, this party is the original plaintiff

Counterplaintiff

The party involved in litigation who files a counterclaim. This party is the original defendant who is making a claim against the original plaintiff

Appellee

The party responding to an appeal; the winner in the trial court

Appellant

The party seeking review of a lower court decision

Plaintiff

The person who initiates a lawsuit

Peremptory challenges

The power granted each party to reject a limited number of potential jurors during voir dire examination. No reason for the rejection may be given

Personal jurisdiction

The power of a court over the parties involved in the litigation process

Federal Jurisdiction

The power of the federal courts to hear a case

Voir dire

The preliminary examination of prospective jurors for the purpose of ascertaining bias or interest in the lawsuit

Motion

The process by which the parties make written or oral requests that the judge issue an order or ruling

Extradition

The process that one state uses to have another state transfer to the jurisdiction of the first state a person accused of criminal activities

Standing to sue

The requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing; are you the right person to bring up this case?

Answer

The responsive pleading filed by a defendant; D goes thru complaint and tell court whether they admit or deny claims, tell courts what things we are fighting about

Who was the second african american judge?

Thomas

Execution

To carry out some action to completion. With respect to enforcing a court's judgment, and execution involves the seizure of the debtor's property, a sale of the property, and the payment of proceeds to the creditor

___________ court focuses on the law and facts while ____________ courts focus only on the law

Trial; reviewing

Batson v. KY (1986)

Unconstitutional to use peremptory strike based on race since it violates the 14th Amend.

Tort

a civil wrong other than a breach of contract (ex: emotional distress, negligence, financial losses, injuries, invasion of privacy)

Private law

a classification of legal subject matters that deals most directly with relationships b/t legal entities. The law of contracts and the law of property are two examples of this classification

Public law

a classification of legal subject matters that regulates the relationship of individuals and organization to society

Codes

a compilation of legislation enacted by a federal, state, or local govt

Property

a bundle of private exclusive rights in people to acquire, possess, use, transfer scarce resources

Directed verdict

a case in which a judge stops a trial on the grounds that the burden of proof has not been met and there is only one possible verdict in the case, which would be dismissal in the case of a civil case and acquittal in the case of a criminal one. In essence, this term removes a jury's discretion

Small claims court

a court of limited jurisdiction, usually able to adjudicate claims up to a certain amount, such as $3,000, depending on the state

Appellate court

a court that decides whether a trial judge has made a mistake of law

Courts of appeal

a court that reviews decisions by lower courts

Writ of certiorari

a discretionary proceeding by which an appellate court may review the ruling of an inferior tribunal; a request by the losing part in the court of appeals for permission to file an appeal with the US Supreme Court

Judicial restraint

a judge who abides by the judicial restraint philosophy (1) believes that the political process, and not the courts, should correct society's ills; (2) decides an issue on a narrow bases, if possible; (3) follows precedent whenever possible; and (4) does not engage in "judge-made law" but interprets the letter of the law

Planned Parenthood v. Casey

a landmark United States Supreme Court case regarding abortion. In a plurality opinion, the Court upheld the constitutional right to have an abortion that was established in Roe v. Wade (1973), but altered the standard for analyzing restrictions on that right, crafting the "undue burden" standard for abortion restrictions

Federal Rules of Civil Procedure

a law passed by Congress that provides the procedural steps to be followed by the federal courts when handling civil litigation

Judicial activism

an activist judge tends to abide by the following judicial philosophies (1) the political process cannot adequately handle society's difficult issues; (2) the courts can correct society's ills through the decision-making process; (3) following precedent is not crucial; and (4) "judge-made law" is often necessary to carry out the legislative intent of the law

Ripeness

an actual controversy is presented involving a threat of injury that is real and immediate; timing

reverse

an appeals court finds an error and completely changes judgement

remand

an appeals court finds an error but they are unsure of effect of that error

affirm

an appeals court finds no error or "harmless error"

motion to set aside the verdict

an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the end result of a case

Trial jurisdiction

authority to hear case by trial

J.E.B. v. Alabama ex rel. T.B.

banned gender discrimination in jury selection

Frivolous lawsuits are misunderstood by many individuals and corporations. Judges have the tools to address such matters if they operate their courts with ________ and _____________

care and efficiency

this creates court balance b/t statutes, executive orders, constitutions, etc

case law

Name an example of common law

common law marriage

Lawyers serve 3 roles:

counselor, advocate, and public servant

General Jurisdiction

court that can hear almost any kind of case ex: the district or superior court in your county

special jurisdiction

court that hears only one specific type of case ex: State court - civil/criminal Juvenile - criminal/minors Probate - wills

A __________________ or ____________________ may be granted when the evidence establishes, as a matter of law, that the moving party is entitled to a verdict

directed verdict or judgment as a matter of law

What is the most time-consuming, costly, and stressful step of civil litigation?

discovery

Lawsuits typically are won and lost at the which stage of litigation?

discovery stage

Most business litigation cases (do/dont) go to court

dont

Historical school

dont change things quickly, respect traditions ex: if supreme court followed historical school, then gay marriage wouldnt have passed

Specific performance

equitable remedy that requires defendants in certain circumstances to do what they have contracted to do

document retention

every couple of years corp. wipes old files that may made them liable to litigation in the future

Which type of courts have subject matter jurisdiction over federal question cases and diversity of citizenship cases

federal courts

Trial judges determine the applicable law, and in cases without a jury, they also are responsible for ______________________

finding the facts

When we have authority in law we give up _________ (shown in Hammurabi's code since it was written in stone)

flexibility

spoliation

intentional destruction, mutilation, alteration, or concealment of information relevant to a legal proceeding especially while aware of litigation (assume whatever was deleted was bad; ex: Tom Brady destroyed his phone when ppl suspected he texted someone to deflate the footballs in the SuperBowl)

Tort law

helps protect property boundaries by providing compensation when someone wrongfully crosses such boundaries

Whose role is it to evaluate questions of law?

judges

A ___________________________ may be entered if the verdict is erroneous/incorrect as a matter of law

judgment notwithstanding the verdict

Supporters of _____________________ believe the courts are the appropriate body to bring about social, political, and economic change

judicial activism

The philosophy of ______________________ is sometimes referred to as strict constructionism or a conservative approach

judicial restraint

The Supreme Court is deeply divided b/t what two competing views of judicial decision making

judicial restraint and judicial activism

Whose role is it to evaluate questions of fact?

juries

If a juror is found to be biased during the voir dire process, what happens to them?

juror will be "striked"

Dont underestimate the importance of _______________________ given at the close of the case

jury instructions

What is significant about Corey Miller (C-murder) regarding the jury vote?

jury voted 10-2 that Miller was guilty of murder (not unanimous) but it was sufficient under Louisiana law

Cicero

known as first "lawyer" for being great public speaker

Legislation

laws passed by an elected body such as Congress, a state legislation, or local council/commission. Those laws enacted at the federal and state levels are called statutes. At the local level, such laws are often referred to as ordinances

"Peremptory" strike

lawyer blocks a potential juror without having to give cause

Act

legislation proposed by a legislative body such as the US Congress. When enacted, it has a meaning identical to "law", or "statute"

The parties to ___________ are entitled as a matter of right to one review of their case by a higher court

litigation

Federal question cases

litigation involving the application or interpretation of the federal Constitution, federal statutes, federal treaties, or federal administrative agencies. The federal court system has subject matter jurisdiction over these issues

Exemplary damages

monetary compensation in excess of direct losses suffered by the plaintiff that may be rewarded in intentional tort cases where the defendant's conduct deserves punishment (aka punitive damages)

Punitive damages

monetary damages in excess of a compensatory award, usually granted only in intentional tort cases where defendant's conduct involved some element deserving punishment (aka exemplary damages)

What theme does this excerpt from Hammurabi's Code show: If i hurt you but not on purpose then we won't poke out your eye we'll just make u pay

negligence

Reviewing court may be asked to grant a ______________

new trial

If evidence is brought up after discovery can you use it in trial?

no

Intentional torts

noncontractual legal wrong caused by one who desires the cause the wrong or where the wrong is substantially likely to occur from the behavior

What theme does this excerpt from Hammurabi's Code show: If a builder builds house improperly and kills owner, you die

over-deterrence

The __________________'s lawyer often will want to have a trial without delay as opposed to the _________________'s lawyer who will have a greater incentive to extend the case through discovery and other pretrial procedures

plaintiff, defendant

The party who files a civil action is called the _______________ and the party sued is known as the ________________

plaintiff, defendant

re-direct examination

party's opportunity to ask additional questions of their own witness and to mitigate (reduce) any damage done on cross

The ____________ is the trial jury that returns a verdict

petit jury

In most civil cases, the ____________________________________ is used to evaluate the case

preponderance standard

What is the difference between procedural law and substantive law

proc. = how of the law sub. = what of the law; rights and responsibilties

Peremptory challenges may not be based upon ______ or ____________________

race or gender discrimination

What theme does this excerpt from Hammurabi's Code show: Rather than go to court, put it up to natural law. Jump in river (at mercy of God) and if you survive you get your accusers house

religion, procedural law

Preponderance of evidence

requires the plaintiff to prove, based on evidence and witness testimony presented, that there is a greater than 50 percent likelihood that the defendant caused the damage or other wrong

______________________ means that a final decision is conclusive on all issues b/t parties

res judicata

Roe v. Wade

right to abortion

Stanley v. GA

right to porn

Constitution

sets out the basic framework for federal govt and, as amended, for individual rights

Common law

that body of law deriving from judicial decisions as opposed to legislatively enacted statutes and administrative regulations (traditions)

An adverse decision from a federal district court in Atlanta may be appealed to __________________

the Eleventh Circuit Court of Appeals

Remedy

the action or procedure that is followed in order to enforce a right or to obtain damages for injury to a right; the means by which a right is enforces or the violation of a right is prevented, redressed or compensated

Civil law

the area of law governing the rights and duties b/t private parties as compared with the criminal law. This term also describes the system of codifying law (written by govt officials) in many countries as compared with the judicial orientation of the common law system

Subject matter jurisdiction

the authority of a court to hear cases involving specific issues of law

Procedural law

the body of rules governing the manner in which legal claims are enforced

Stare decisis

the doctrine that traditionally indicated that a court should follow decisions in all cases based on substantially similar facts

Strict liability

the doctrine under which a party may be required to respond in tort damages without regard to such a party's use of due care; liability which does not depend on actual negligence or intent to harm

Petit jury

the fact-finding body during a trial (aka trial or traverse jury)

closing argument (summation)

the final stage of a trial when the parties summarize their cases for the jury

Rule of law

the general and equal application of laws, even to lawmakers

Contract law

the law of legally enforceable promises

Trial court

the level of any court system that initially resolves the dispute of litigants; frequently serves as a fact-finding body, while the judge issues rulings on the applicable law

Uniform Commercial Code (UCC)

the most successful attempt to have states adopt a uniform law. This code's purpose is to simplify, clarify, and modernize the laws governing commercial transactions

Diversity of citizenship

the plaintiff filing a lawsuit must be from states diff from those of the defendants. This requirement, along with more than $75,000 at stake, is one method a federal court gains jurisdiction over the subject matter of a lawsuit

In the sample complaint, how does the plaintiff satisfy standing?

the plaintiff satisfies standing by alleging facts demonstrating that the defendant has committed two legal wrongs causing a serious property loss to the plaintiff

Judicial review

the power of courts to declare laws enacted by legislative bodies and actions by the executive branch to be unconstitutional

Holding

the precise legal response to an opinion by an appellate court on an issue raised on appeal

CItation

the reference identifying how to find a case

Appeal

the right of the litigation parties to have the legal decisions of the trial judge reviewed by an appellate court

Law

the rules of the state backed up by enforcement

Jurisprudence

the science of the law; the practical science of giving a wise interpretation of the law

What is an "actual and imminent" harm?

this issue happening right now; not hypothetical, in the future, etc. Ex: same sex couple is getting married rn but state denied them, NOT same sex couple thinking about getting married next year

What is the purpose of the discovery process?

to learn as much as you can about the strengths and weaknesses of the case and if you have a good / bad case

adversarial system

trial procedures designed to resolve conflict through the clash of opposing sides, moderated by a neutral, passive judge who applies the law (american system)

Juries need what type of vote in criminal case

unanimous vote

name an example of a remand

unsure of effect of a judge's decision to allow a witness / evidence

Compensatory damages

usually awarded in breach-of-contract cases to pay for a party's losses that are a direct and foreseeable result of the other party's breach. The award of these damages is designed to place the non-breaching party in the same position as if the contract had been performed

Judgement Proof

when the defendant does not have sufficient money or other assets to pay the judgement (if person has no money, dont sue)

Parties seek permission to bring their case to the Supreme Court thru a petition for a _______________________

writ of certiorari