Quiz 2

Due process

"Fundamental fairness" in judicial process and prohibiting legislation that is not unreasonable, arbitrary, or capricious. - Minimum standards include notice and a right to be heard - Defined by the 5th and 14th Amendments

An appeal must include

"the record", which includes the transcripts, the pleadings, orders, judgments, discovery, evidence, etc.

Equal protection rights

- 14th Amendment prohibits states from deny a person equal protection of the law; THIS DOES NOT MEAN A STATE CANNOT DISCRIMINATE If discrimination occurs that must be a certain standard there is followed

Results

- Affirm with opinion: The court can agree with the trial court and write the reason why - Reverse the opinion: The court can disagree with the trial court, write the reason why, and then tell them to fix it. - Per curiam opinion: The court can agree with the trail court and not say why.

Role of U.S. constitution

- Allocated powers between the federal and state governments - Is based on the concept that government must be controlled and the concept that states should share power with feds - It is written from the perspective to limit the power of federal government while preserving governmental autonomy amongst the states.

Constitutional protections for the people

- Amendment IX, certain rights shall not be construed to deny or disparage other rights retained by the people - Amendment X, the powers not delegated to the U.S. by the constitution, nor prohibited to it by the states, are reserved to the states respectively, or the the people; if a governmental power is not specifically listed as belonging to the feds, it belongs to the states

Legislative process

- Committee: typically a committee is formed to address a certain issue or topic. - Bicameral: meaning that the legislature is composed of two bodies (the house and the senate); Nebraska, U.S. Virgin Islands, and Guam are a single or unicameral legislature.

Judicial invalidation of legislation

- Defective procedure: in the passage of law there is a problem - Unconstitutionality: the law violates the principles of a state or the federal constitution - Ultra vires: beyond the legislative bodies jurisdiction

Strict construction

- Narrow interpretation is given to statutes so they are limited to a meaning based on how they are read. - 'Criminal statutes' follow strict construction because a persons freedom is taken away. - Statutes that affect 'common law' rights are also strictly constructed.

Nonbinding authority

- Persuasive authority: decisions from another court which don't have to follow but can. - Secondary authority: there are other materials used in arguments by lawyers and opinions by judges that are not the law anywhere; law review articles, treatises, restatements of the law.

Important concepts in judicial branch

- Standing: A procedural restriction on who can participate in a lawsuit - Case and controversy: There must also be an actual dispute between real parties for litigation to occur

Commerce clause

- The federal's government's power over the states was broadly expanded through the Supreme Court's interpretation of the commerce clause - Congress has the right to regulate interstate commerce - Because most businesses is in some way involved in interstate commerce, Congress is allowed broad ability to regulate American business

Appellate courts

- These are the courts immediately above the trial court level that hear issues above trial court Functions of appellate courts: 1. Resolve the dispute presented in the brief 2. State the law of the land on that issue

Appeal process

- Trial court decision - Notice of appeal (within 30 days) - Appellant must write a brief and appellee must write a response brief. The court then reads both briefs and make a ruling.

State courts

- Trial courts = county or circuit - Appellate courts = district court of appeal; total of 5 in FL - Florida supreme court (court of last resort)

Federal courts

- Trial courts = district court (middle district of FL) - Appellate courts = circuit of appeal (11 of them) - U.S. supreme court

Issues of fact

- Trial: Is a judicial examination following rules of law where issues of fact are determined - Trier of fact (Finder of fact): this is the entity that determines issues of fact in a case determined either by judge or jury

Issues of law

- Trier of law: This is always the judge who determines the proper laws to follow during the course of trial - May be based upon constitutional law, common law, case law precedent, and statutes/rules

Trial requirements

1. Maintenance of trial 2. Physical evidence 3. Testimony

Bench trial

A case decided by a judge, without a jury.

Void for vagueness

A constitutional principle of substantive due process used to invalidate legislation that fails to give a person of ordinary intelligence fair notice that his or her contemplated conduct is forbidden by the legislation. Is derived from the Fourteenth Amendment that no state shall "deprive any person of life, liberty, or property, without due process of the law."

Erie doctrine

A fundamental legal doctrine of civil procedure mandating that federal court in diversity jurisdiction must apply state substantive law

Clearly erroneous

A high level of deference is given to lower judges determination. It will be reversed if it is found to be "clearly erroneous"; appellate court did not hear the case, see the witness, and so it should not substitute its judgement for the trial court

Ex post facto clause

A provision of the U.S. constitution, Article I, § 10, prohibiting a state from passing a statute with retrospective application. Usually seen in criminal law where someone tries to make something someone already did illegal.

Questions of fact

Are the factual issues that the fact finder tries to reach a determination about based on the evidence presented by the parties at trial

Diversity of citizenship cases

Article III says that conflicts between citizens of different states are heard in federal court; the controversy be over $75K as a requirement

Supremacy clause

Article VI of the U.S. constitution: The U.S. constitution and any law made under it shall be the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied.

The U.S. constitution is the supreme law of the land

Article VI, Section 2 - Neither states nor feds can enact any laws that contradict the U.S. constitution

Federal question cases

Case must arise under U.S. constitution, federal laws, and treaties; when a case has both state and federal issues, the federal court may resolve both issues or may seek assistance from state court in ruling on state issue (state court's never have authority to rule on federal issues)

Stare decisis

Check the power of the judiciary by saying that the judiciary is bound by prior decisions also known as precedent.

Judicial restraint

Customary policy of courts to restrict themselves to consideration of the questions presented to them and to restrain from legislating or interfering unduly with the 'executive or legislative' branches; federal courts must leave questions of state law to state courts.

Local government

Do NOT have trial or appellate courts

Difference between state and federal powers

Federal: feds have their power given to them by a specific "grant" of power. (the people must give it to them) State: states have their powers given to them by "reservation" of power. (states have inherent powers until the people take it away)

Types of subject matter jurisdiction

General: have the ability to determine a wide variety of cases and can apply a full range of judicial remedy and relief Limited: have the ability to determine only specific types of cases (municipal courts can only hear city ordinances)

Doctrine of preemption

Governs the conflict between federal and state statutes; if state and federal law conflict on a certain issue, federal law preempts state law and governs the situation

Plain meaning rule

If a statute is clear, then apply the statute according to its ordinary meaning. This can sometimes be tough because the legislature is dealing with future issues. Additionally, a judge can look to the context of the statute to determine its plain meaning.

Questions of law

Involve applying the correct law to the given situation 1. What is the proper law to be applied? 2. Is the proper law being applied correctly?

Statute of limitations

Is a timeline upon a certain type of legal action; there must be a bar against bringing a lawsuit too a late

Judgement

Is the adoption of the fact finder's findings by the judge to make it official

Verdict

Is the formal decision of fact made by the fact finder

Caylee's law

Is the unofficial name for proposed bills in several U.S. states that would make it a felony for a parent or legal guardian to fail to report a missing child, in cases where the parent knew or should have known that the child was possibly in danger.

Ordinance

Legislation at the local level, typically created or passed by city councils or county commissions.

5th Amendment

No person shall be deprived of life, liberty, or property without due process of the law. (applies to feds)

14th Amendment

No state shall deprive a person of life, liberty, or property without due process of the law. (applies to states)

Judges make law through issuing ________.

Opinions; when judges interpret or clarify existing law through an opinion they are in a sense making law.

Binding authority

Precedent is only binding on courts within the same jurisdiction, i.e., if the Florida supreme court issues an opinion it is binding on all courts in the state of Florida. However, Georgia courts can ignore the decision. They may find it informative and or persuasive in reaching their own ruling.

Laches

Prevents a party from bringing forward an equitable action when too much time has passed

Precendent

Prior decisions of the same court, or a higher court, which a judge must follow in deciding subsequent case presenting similar and the same legal problem. Precedent consists of the rule applied in a case and encompasses the reasoning that requires it. In a given decision, the precedent may be distinguished from dictum, which includes extraneous or conjectural statements not necessary to the decision and that are not binding on future decisions.

Two types of due process rights

Procedural: refers to the processes put in place to protect people from the government Substantive: refers to limitations placed on laws passed on by the legislature to ensure they do not violate peoples rights

Legal remedies

Refer to granted by common law courts

Equitable remedies

Refer to relief granted by courts of equity. When the common law does not make a person whole; based on the concept of fairness

Adjudication

Refers to judges rendering opinions and thereby resolving disputes between parties. Therefore, when a judge makes law through adjudication and stare decisis, it is in a particularized fashion on a very narrow issue; a formal judgment on a disputed matter.

Legislation

Refers to the legislative branch of government writing laws which are broad in application and have an effect on a large swath of the population. - Legislation usually affects future action whereas, case law addressed past actions.

Appellate standards of review

Refers to the standard of review that the appellate court should employ when reviewing a trial courts decision; used for every type of appeal.

Subject matter jurisdiction

Refers to the types of matters that may account here - Federal government: bankruptcy, patent, trademark, copyrights, and admiralty - State: divorces, state crimes, wills - Circuit courts: felonies - County court: misdemeanors

Prejudicial error

Reversible error; mistakes made at trial are sufficiently serious to prejudice that result and or result in miscarriage of justice

Judicial review

Review by an appellate court; also, the power of the federal courts to declare acts contrary to the constitution null and void.

Statutory interpretation

Rules of construction are created to help the courts interpret statutes. The ultimate goal of a court is to figure out what was the legislature's intent in passing a statute; a stated legislative purpose and or intent can be helpful.

Judicial deference to legislation

Separation of powers delegates the power to make law to the legislature, therefore, if an unpopular statute is procedurally correct and constitutional, a judge cannot avoid it; is the condition of a court yielding or submitting its judgment to that of another legitimate party.

Obiter dictum or "dicta"

Sometimes judges put comments in opinions that go beyond the immediate scope of the questions asked of them to decide which does not have any binding authority; a judge's incidental expression of opinion, not essential to the decision and not establishing precedent.

Distinguishing cases

Stare decisis requires the court to apply precedent in every case with the exact same fact pattern. However, there is hardly ever the exact same fact pattern, therefore, attorneys can argue over whether the cited case is actually binding precedent or not.

Reversible error

The appellate court examines the record of the trial to determine if prejudicial error occurred worth of a reversal. - Two issues must be found: 1. An error occurred and 2. If not for that error, the result would have been different

Mandatory review

The appellate court must hear (i.e. Florida supreme must hear death penalty appeals)

Significant relationship test

The court applies the law of the state that had the most significant relationship to the cause of action

Discretionary review

The court can choose to hear the case (i.e. conflict between two lower courts)

Lex loci delicti

The court should apply the rule of law from the state where the last act necessary to complete the liability record

Codification of law

The formal turning of judge made law (common law) into legislative law. Usually refers to the making of a code, that is, a set written rules.

Appellee

The party against whom the appeal is brought

Appellant

The party bringing forth the appeal to the appellate court

Jurisdiction

The power of a court to decide a case.

Stare decisis

The principal stands for the belief that in making decisions judges should follow prior decisions (precedent); the legal principle of determining points in litigation according to precedent. "Stand by decision"

Nature of legislation

Tries to reduce principles of law to coherent written form that can be understood based simply on its own words. - Effective date: the date that a law goes into effect - Prospective: statute will apply in the future after the effective date - Retroactive: statute will apply in the past before effective date as well as future

Differences between law and fact

Typically the difference is whether the question to be answered requires legal training and or legal knowledge to answer it; very important when dealing with appellate issues. Appellate courts cannot bring in new facts but all applicable legal issues can be raised

First impression

When the court is faced with a novel fact pattern.