BLAW Test 1 and 2

Personal jurisdiction generally exists if-

1. The defendant is a resident of the state in which a lawsuit is filed, for companies; the defendant is doing buisness in that state. 2. The defendant takes a formal step to defend a lawsuit. 3. A summons is served on a defendant 4. a Long arm statute applies.

Moral relativism

A belief that a decision may be right even if it is not in keeping with one's own ethics standards; your own truth

Moral universalism

A belief that some acts are always right or always wrong; Religious.

Federal Question case

A case in which the claim is based on the U.S. Constitution, a federal statute, or a federal treaty

Personal Jurisdiction

A courts authority to bind the defendant to its decisions

Statutes

A law created by a legislature

Common law

A legal system based on custom and court rulings- precedent

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Writ of Certiorari

A petition asking the Supreme Court to hear a case.

Discovery

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Summary Judgement

A ruling by the court that no trial is necessary because some essential facts are not in dispute

counterclaim

A second lawsuit by the defendant against the plaintiff

complaint

A short, plain statement of the facts alleged and the legal claims made

"Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question."

Alexis de Tocqueville

Appeals courts

Higher courts that review the trial record to see if the court made errors of law

Deontological

Immanual Kant- From the Greek word for obligation; the duty to do the right thing, regardless of the result; Proponents of deontological ethics believe that utilitarians have it all wrong and that the results of a decision are not as important as the reason for making it;

categorical imperative

Immanuel Kant- action is right or wrong, or desirable or undesirable, if everybody else in the same situation, or category, acted the same way.

Utilitarianism

John Stuart Mill- To Mill, a correct decision is one that maximizes overall happiness and minimizes overall pain, thereby producing the greatest net benefit; Greatest good for most people.

Pleadings

The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply

beyond a reasonable doubt

The government's burden of proof in a criminal prosecution.

Deponent

The person being questioned in a despositon

Jurisprudence

The philosophy/theory of law.

Veil of ignorance

The rules for society that we would propose if we did not know how lucky we would be in life's lottery;

preponderance of the evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

Front page test

When faced with a difficult decision, think about how you would feel if your actions went viral.

Challenges for cause

a claim that a juror has demonstrated probable bias

Jurisdiction

a courts power to hear a cas

default judgment

a decision that the plaintiff wins without trial because the defendant failed to answer in time

motion

a formal request to the court that it take some step or issue some order

motion after verdict/judgment non obstant veredicto

a judgment notwithstanding the jurys verdict

Natural law

a law should not be followed if it is unjust. A unjust law is no law at all.

Error of Law

a mistake made by a judge in legal procedures or rulings during a trial that may allow the case to be appealed

motion to dismiss

a request that the court terminate a case because the law does not offer a legal remedy for the plaintiffs problem

directed verdict

a ruling that the plaintiff has entirely failed to prove some aspect of her case

Long arm statute

a statute that gives a court jursidiction over someone who commits a tort, signs a contract, or conducts "regular business activities" in the state.

ethics traps; conformity and following orders

conforming to something unethical because everyone else is and following unethical orders.

Judicial branch state courts

create state common law interpret statutes

Executive power

is the authority to enforce laws. president as commander in chief of the armed forces and the head of the executive branch of the federal government.

Rawlsian

john Rawls- In thinking about ethics decisions, it is worth remembering that many of us have been winners in life's lottery and that the unlucky also deserve opportunities;

English roots

jury of 12 persons. De Bracton was teaching judges to rule based on previous cases-precedent.

Legal positivism

law is what sovereign says it is, leaves little room for morals/ethics.

civil law

law that regulates the rights and duties between parties

ethics traps: euphemisms and reframing and lost in a crowd

making a situation sound better for your benifit, and when your in a group you are less likely to take responsibility

Ethical traps; moral licensing and conflicts of interest

moral licensing- people tend to do something unethical after doing it once. conflicts of interest; doing something for your own benifit or basing your decisions on what someone did for you.

ethics traps: short term perspective and blind spots

only thinking of right now and not the future and ignoring obvious problems

Slander

oral defamation

appellant

party filing the appeal

State legislature

passes statutes on state law creates state agencies

Ethical traps- objective about ourselves

people are not objective when comparing themselves to others, we all tend to think of ourselves as better than the other fellow

individual relativism

people must develop their own ethics rules

ethical traps rationalization and the fudge factor

rationalizing bad decisions by using the fudge fact which is a small amount of bad will not effect the big picture.

Sovereign

recognized political power, whom citizens obey.

Precedent

requires that judges decide current cases based on previous rulings.

Dobbs v. Jackson womans helath organization reversed

roe v. wade

arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider, arbitrator has the power to impose an award.

Milton Fridman argued

that a corporate manager's primary responsibility is to the owners of the organization, that is, to shareholders. Others have argued that corporations should instead consider all company stakeholders, not just shareholders.

Summons

the courts written notice that a lawsuit has been filed against the defendant

verdict

the decision a jury makes in a trial; the decision said by the jury

courts generally enforce arbitration clauses if

the parties must freely and knowingly agree, the parties must mutually promise to submit disputs to arbitration, the arbitration clause must provide a neutral forum to resolve disputs and adopt fair rules for the proceeding.

appellee

the party opposing the appeal

burden of proof

the plaintiff must convince the jury that its version of the case is correct; the defendant is not obligated to disprove the allegations

stare decisis

the principle that precedent is binding on later cases "let the decision stand"

Litigation

the process of filing claims in court and ultimately going to trail

Voir Dire

the process of selecting a jury

peremptory challenges

the right to excuse a juror for virtually any reason

Life Principles

the rules by which you live your life

Falsity

the statement must be false

Constitution 1787

the supreme law of the land. Established the national government with three branches, created a system of checks and balances, guarantees many basic rights.

affirm,modify,reverse and remand

to allow the decision to stand, to affirm the outcome but with changes, to nullify the lower decision and return the case for reconsideration or retrial

Legal realism

who enforces the law counts more than what is in writing

briefs

written arguments on the case

Libel

written defamation

state supreme court

highest court in the state and accepts some appeals from the court of appeals

Difference principle

Rawls's suggestion that society should reward behavior that provides the most benefit to the community as a whole.

Texas V. Lawrence reversed

Bowers v Hardwick

Legislative power

Congress, which is comprised of Senate and a House of Representatives.

Food processing ethics

Creating food that is more addictive, increasing portion sizes/calories, targeting children, false packaging, funding dubious science, targeting poorer countries or areas.

What are the four elements to a defamation case that must be proved

Defamatory statement, Falsity, communicated, Injury

Trail Courts

Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions. can either have limited or general jurisdiction. limited: small court issues, general: broad range of cases

must prove what to get a federal question case

Diversity Jurisdiction- Applies when (1) the plaintiff and defendant are citizens of different states and (2) the amount in dispute exceeds $75,000

Defamation Statement

False statement stated as fact

rules of evidence

Rules governing the admissibility of evidence in trial courts.

class action

One plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed

depositions

Oral questions asked of parties and witnesses under oath.

Brown V Board of education reversed

Plessy V. Ferguson

Criminal Law

Prohibits and punishes conduct that threatens public safety and welfare.

reply

answer to the counterclaim

Ethics decisions

any choice about how a person should behave that is based on a sense of right and wrong.

Subject matter jurisdiction

authority of a court to decide a particular kind of case

Intentional tort

harm caused by deliberate action

Obergfell V. Hodges reversed

baker v. Nelson

Court orders

binding obligations on specific people or businesses judges issue

Right to a Jury trial

both plaintiff and defendant have a right to demand a jury trial, if the plaintiff is seeking an equitable remedy such as an injunction, there is no jury right for either party

Injunctions

can require people to do things like perform on a contract or remove a nuisance

cultural relativism

depends on the norms and practices in each society

ethical traps: money and competition

doing something unethical for money or to keep up with competition

Defamation

false statements that harm someone's reputation, libel/slander

Indigenous roots

federalism, and the checks and balances, and branches of government

slippery slope

first unethical step will lead to subsequent steps that cannot be prevented, down a slippery slope.

Judicial power-

gives the right to interpret laws and determine their validity. Court at the head of the judicial branch of the federal government.