US Constitution

In which type of case does the Supreme Court have exclusive original jurisdiction?

1) State v State

Over which types of cases does the US District Court have original jurisdiction?

1) a federal question case is an action arising under the Constitution, statutes, administrative agency rules and regulations, or treaties of the United States; 2) diversity of citizenship cases (when civil actions arise between the citizens of different states, where the amount in controversy exceeds $75,000 exclusive of interest and costs.)

Griswold v. Connecticut

1965 Supreme Court Decision written by Justice William O. Douglas asserting a constitutional right to privacy.

Ipso Facto

A Latin phrase, directly translated as "by the fact itself." A common English idiom with a similar meaning is "in and of itself". Means a phenomenon is a direct consequence or a resultant effect of the action in question, instead of being brought about by a previous action.

What is a case of "first impression"?

A case is labeled "of the first impression" when it sets forth a completely original issue of law for decision by the court. Such a case cannot be decided by reliance on any existing precedent, law formulated in a prior case decided on a comparable question of law, or similar facts.

What is a collusive suit? Are they allowed?

A collusive suit is a friendly agreement to file a suit to steer case law in a particular direction. Collusive suits are not permitted because an actual case or controversy is required.

How can executive branch balance power of judicial branch?

Appoints judges to the Supreme Court (and lower federal courts)

What are 5 rights in Fifth Amendment?

Cannot be indicted for capital crime without grand jury; Right to avoid self-incrimination; No double jeopardy (being tried twice for the same crime); Entitled to due process of law; No taking of private property without just compensation

What are the 4 ways a statue or rule can violate substantive due process?

Cannot shock the conscience Cannot be unreasonable Cannot be arbitrary (including overly broad, too general, or too vague) Cannot be capricious

What is another name for a conflict of law case?

Choice of Law case

Purpose of central government

Defend the nation's borders Regulate commerce (and other issues) between the states Create a single monetary system Regulate imports and exports with foreign nations Create a single foreign affairs policy

Article 5

Establishes process for amending the Constitution: 2/3 of both houses of Congress, or 2/3 of all state legislatures may propose the Amendment; after that, 3/4 of all state legislatures must ratify it. Also, no state can be deprived of its equal vote in the Senate without its consent.

What are 2 rights in Seventh Amendment?

In Civil Cases: Right to jury trial if value of claim is more than $20; No fact tried by jury can be re-examined by other courts except as allowed by Common Law

What are 3 prohibitions on state governments created in 14th Amendment?

It prohibits any state from enforcing any law: (1) to abridge the privileges or immunities of citizens of the United States; (2) to deprive any person of life, liberty, or property without due process of law; (extends due process requirements to state governments) or (3) to deny to any person within its jurisdiction the equal protection of the laws.

Can a court have both limited and general jurisdiction?

No

What are 3 rights in Eighth Amendment?

No excessive bail (however, this does NOT mean bail must be granted; only that IF it is, it cannot be excessive); No excessive fines; No cruel or unusual punishment "Punishment must fit the crime"

Second Amendment

Right to bear arms

Supremacy Clause

The Constitution declares itself (and valid Federal Laws, valid Treaties, and valid federal regulations) to be the supreme law of the land in Article VI (6) State Officials MUST take an oath to uphold the Constitution (and the valid federal laws, treaties and regulations) Supreme Court decisions also become supreme law of land under Marbury v Madison (1803)

"it paints with too broad a brush."

The Overbreadth Doctrine

Statute of Limitations

The amount of time within which a case must be filed

What do 3 areas do antitrust laws deal with?

The body of law designed to protect trade and commerce from 1) restraining monopolies, 2) price fixing, and 3) price discrimination

What is the doctrine of "forum non conveniens"?

The choice of forum by the plaintiff will result in injustice to the defendant.

What is the role of a jury in jury trials?

The jury decides facts of the case.

What does the term "diversity case" mean?

When a case involves citizens from different states

What does "granting certiorari", or "granting cert' mean?

When a court grants a defendant's request to issue a writ or certiorari to a lower court to review its decision and proceedings for procedural or substantive due process irregularities

Fairness of Rules of Procedure

While the rules may vary (for example, civil vs. criminal, military vs. civilian, levels of crimes), any rule must treat both sides evenly and rules must be applied evenly

Bar to litigation

a bar to litigation is a legal limit to filing a suit

What does it mean for a case to be "ripe for judicial decision"?

a case cannot be based upon something that might happen in the future

Strict Constructionist

a view of the Constitution as the literal and binding language by which all cases must be judged

merger and bar

after a final judgment, the plaintiff's claim is merged into the final judgment and cannot be relitigated

limited contractual immunity

allows enforcement of an exculpatory clause to limit one party's tort liability. The court looks at the subject matter of the contract, the clause itself, the relation of the parties, and the relative bargaining power of the parties to decide if the exculpatory clause should apply.

Advisory opinion

an court ruling based on hypothetical facts rather than on real facts and real parties.

What types of cases do Article I courts hear?

cases involving specific legislative actions by Congress

What kind of cases does the US Court of Claims hear?

cases involving suits against the government

What 2 types of cases does the U.S. Court of International Trade hear?

cases involving tariffs and international trade disputes

Federalist Papers

collection of essays and articles written in favor of the stronger centralized federal government created by the US Constitution in the push leading to vote for its ratification

Personal Jurisdiction

courts have territorial authority over cases when: (1) all persons involved in the litigation are present in the state (or region or distrtrict) where the court is located; (2) or are legal residents of the state (or region or district) in which the lawsuit has been filed; (3) or if the transaction in that is the subject matter in the case has a substantial connection to the state (or region or district)

How is the Court of Appeals structured?

divided into 11 regions (or Circuit Courts of Appeal) (one for each circuit, or region, of the country), and Circuit Court of Appeals for DC, and Federal Circuit Court

Separation of Powers

each branch of the government has separate areas of power; but no branch has greater power than another. This arrangement allows each branch to serve as a check and balance on the other two.

States' Rights

each state retains inherent and nearly unrestricted power to regulate people, property, and activities within its borders. Unless a power has been given specifically to the federal government, that power is (inherently) held by the states.

Substantive Due Process

fundamental fairness in the CONTENT of the statute or rule.

Procedural Due Process

fundamental fairness in the PROCESS by which the case is heard: (1) receiving notice and (2) an opportunity to be heard.

res judicata

if a final judgment has been entered in a particular case, future litigation is barred

Ex Post Facto Law

is one which defines conduct as a crime after the fact (after the act had been committed).

in privity with

legally connected to; having contact, connection or mutual interest with the original parties

Exclusive jurisdiction

no other court, not even a court of general jurisdiction, has the power to hear the type of case granted to a court that has been given exclusive jurisdiction .

What are the 5 ways courts determine which laws to apply to in conflict-of-law contract cases?

o Lex fori—Law of forum state o Lex loci solutionis—Law of the State where contract is to be performed o Lex loci contractus—Law of State where contract became binding o By agreement of the parties o Lex loci delicti commissi--Significant Relationship Rule

What 3 types of court actions does the Federal Magistrate Court hear?

o Minor cases with parties' consent o Pre-trial conferences o Preliminary hearings

What 5 Article I courts has Congress created?

o Tax Court o Court of Claims o Court of International Trade o Military Appeals o Veterans Affairs

Over what type of case des the US District Court have appellate jurisdiction?

some (but not all) final decisions from federal administrative agencies that a defendant appeals.

Judicial Review

the principle established in Marbury v. Madison that the Supreme Court would be the appellate court rather than the original court for cases in which it shared jurisdiction, which allowed it to make the final decision (no higher appeal possible) in cases it agreed to hear (Court of Final Review) Thus, its rulings become the Law of the Land.

Marbury v. Madison (1803)

this case established the Doctrine of Judicial Review. It also permanently established the Supreme Court as the court of final review. The state of Maryland filed a writ of mandamus to require Marbury to fulfill his official duties. Supreme Court Justice Marshall reasoned that if the U.S. Supreme Court shared original jurisdiction (concurrent jurisdiction) with any other court, it should defer jurisdiction to the other court. In this way, the door was left open for the U.S. Supreme Court to exercise its appellate jurisdiction in that case.

What is the goal of a judicial remedy?

to put the injured party in the same position where he/she would have been if the injury had not occurred

What are the 5 types of federal crimes?

treason against the United States, piracy, counterfeiting, crimes against the law of nations, crimes relating to the federal government's authority to regulate interstate commerce.

Moot

when a case irrelevant or academic at any stage of the proceeding, including the appeal. A case becomes moot if a court's decision cannot affect the litigants one way or another.

General jurisdiction

A court can hear any type of case that might come before it unless exclusive jurisdiction for that type of case has been given to some other court. Every state court system has at least one court of general jurisdiction, sometimes called a state district court or a state superior court

How are cases of first impressions decided?

A judge will: o Look to other jurisdictions for a similar case that might provide guidance. o If none is found or if the cases are unsatisfactory, a common law court can draw analogies (what is this case most like) from existing case law and statutes.

Police Power

Allows states to regulate in any area that affects the general health, safety, and welfare of its citizens. Such powers include: licensing and regulating professions like lawyers, doctors, etc.; regulating insurance companies and businesses; traffic laws; Regulates adoption, marriage, divorce, and family law probate law; Controls the majority of criminal law cases; The federal government has no police power.

lex loci delicti commissi

The significant relationship rule, by which the court applies the law of the state that has the most significant contacts with the occurrence or event. As a practical matter, this frequently is the state where the tort was committed

Penumbras

Implicit in the other, fundamental rights even though it is not stated directly in the Constitution. The original and literal meaning of penumbra is "a space of partial illumination between the perfect shadow ... on all sides and the full light" (Merriam Webster's Collegiate Dictionary, 10th ed., 1996). The term was created and introduced by astronomer Johannes Kepler in 1604 to describe the shadows that occur during eclipses. In legal terms penumbra is most often used as a metaphor describing a doctrine that refers to implied powers of the federal government. When we read the words of the Constitution, certain things peek out at us through the letters of the words and around the punctuation marks, even though they are not specifically stated.

In which types of cases do state courts have concurrent jurisdiction with federal courts?

In all federal cases except those which are exclusively within federal jurisdiction

Are federal courts allowed to give advisory opinions?

No.

Can subject matter jurisdiction be waived by either party in a civil or criminal case?

Subject matter jurisdiction can never be waived by anyone in a controversy, because it has been established by the statute that created the court.

A petition for a writ of habeus corpus

The request by the prisoner, or someone acting on the prisoner's behalf, to the court to issue a writ of habeus corpus to the authority detaining the prisoner.

What is habeus corpus?

The requirement that a person be lawfully detained. It is technically only a procedural remedy, not a substantive one, against unlawful detention.

How is the role of the judge different from that of the jury?

The jury decides facts of the case; The judge determines the meaning of relevant laws as they concern: • substantive issues • procedural issues

waiver of sovereign immunity

When a government eliminates its part or all of its protection from tort liability. For example, the federal government, for example, waived part of its sovereign immunity when it enacted the Federal Tort Claims Act in 1946. Tort actions now may be filed against the federal government except for the discretionary acts of government employees and except for the acts of the military in time of war

Matter of law

When the court rules that no reasonable jury could find for the opposing party because whatever evidence exists for such ruling is legally insufficient. A matter of law is determined by a judge rather than a jury in order to avoid trial.

Uniform Commercial Code (UCC)

a statue that applies only to the sale of goods and uses a rule similar to the significant relationship rule when the parties fail to specify a choice of law and a conflict arises in a sales contract.

Liberal Constructionist

a view of the Constitution as the foundation from which the government was meant to evolve and believes that its provisions were not intended in a literal way.

Doctrine of Preemption

this doctrine flows from the Supremacy Clause and restricts states' powers in specific areas reserved for the federal government in the Constitution. For example, states cannot form treaties with foreign nations; this area is preempted by (or reserved exclusively to) the federal government.

Preemption

to be reserved exclusively for

In rem jurisdiction

"jurisdiction over the thing"--either personal or real property is the subject of the dispute and is in the personal jurisdiction (territorial authority) of the court

What is the responsibility of an appellate judge?

Appellate judges review the accuracy and propriety of the trial judge's decisions on the law (procedural and substantive), not on the finding of fact.

What type of court is the US District Court?

Article I

What Article of the Constitution auhorizes the Court of Appeals?

Article I court

Reciprocity

In conflict-of-law cases, when state courts as a matter of courtesy honor the public acts of sister states when they are not repugnant to public policy

Miranda warnings

In criminal cases, a person must be apprised of his or her substantive and procedural due process rights upon arrest (detention) The Miranda warnings themselves are based on procedural due process requirements. If a person is not apprised of his or her "Miranda rights, "procedural due process has not been followed because the notice requirement of procedural due process has not been met.

What are the 6 rights in Sixth Amendment?

Right to a speedy jury trial in criminal cases; Trial to occur in state and jurisdiction where crime occurred; Right to know charges against oneself; Right to confront witnesses (evidence) against defendant; Right to compel witnesses to testify on defendant's behalf; Right to counsel

Ninth Amendment

Rights not listed in the Constitution are retained by the people: in other words, enumeration of rights in Constitution does not limit other rights of the people.The Ninth Amendment was James Madison's attempt to ensure that the Bill of Rights was not seen as granting to the people of the United States only the specific rights it addressed. In recent years, some have interpreted it as affirming the existence of such "unenumerated" rights outside those expressly protected by the Bill of Rights.

What are 5 rights and freedoms contained in First Amendment?

Separation of Church and State (freedom of religion) Freedom of speech and the press; Right to assembly; Right petition the government for redress of grievances

How many articles are in the US Constitution?

Seven

Can subject matter jurisdiction be questioned or challenged during a suit or trial?

Yes. Anyone, incl judge, can question subject matter jurisdiction at any time, including during the appeals process. Questioning or challenging subject matter jurisdiction means asking if the court that is hearing the case legally has subject matter jurisdiction over the case given the issues of the case compared to the subject matter jurisdiction granted to that particular court by the statute that created it.

What is a bill of attainder?

a law directed against a specific person or against a specific group.

Notice

a person is informed of the nature of the charges or claims against him or her.

Standing

a plaintiff's rights must be immediately and personally affected by the issues in the suit

writ of certiorari

an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities

Writ of Mandamus

an order from the court to an official, commanding the official to perform his or her required duty as such official

US Circuit Courts

another name for US Appeals Courts

What type of jurisdiction do State district courts and state superior courts have

general jurisdiction. some states call the general jurisdiction court a district court; others a superior court.

exculpatory clause

part of a contract which relieves one party from liability. It is intended to protect one party from being sued for their wrongdoing or negligence.

"in personam jurisdiction"

personal jurisdiction, or territorial authority, of the court

Sovereign immunity

protects a government from tort liability on the basis that "the king can do no wrong." Sovereign immunity applies to any governmental unit (federal, state, or local); sovereign immunity also includes government officials so long as the official acts within the scope of his/her authority in performing his/her official duties. However, it does not apply when a government acts in a non-governmental role, such as engaging in commercial enterprises.

Overbreadth Doctrine

the content of a statute is fundamentally unfair when it is overly broad. This relates to a form of arbitrariness which occurs when the state has a legitimate purpose for the legislation, but the language of the statute is not sufficiently tailored to that purpose.

Appellate jurisdiction

the court is authorized to review decisions of an inferior court (either a trial court or a lower appellate court) in certain types of cases

Original jurisdiction

the court where lawsuits or criminal cases are began, as dictated by the creating statute or constitutional provision.

Doctrine of Federalism

this doctrine derives from the Supremacy Clause and applies when a state law directly conflicts with a valid federal law on the same subject. In that situation, the Doctrine of Federalism requires that federal law controls.

Writ of habeus corpus

A petition or summons to an authority who is holding someone in detention to appear before the court to determine if the person is being lawfully detained.

Capricious

changes to an existing rule for no apparent reason

What 3 types of Article I court cases protect intellectual property?

(1) Patent—The exclusive right to make, use, or sell an invention for a specified period (usually 17 years), granted by the federal government to the inventor if the device or process is novel, useful, and non-obvious. (2) Copyright—The body of law relating to a property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. (3) Trademark—A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others.

What are the 5 ways the US Constitution establish a government of limited powers?

(1) it enumerates some (but not all) of the powers held by states; (2) it lists the specific powers that the federal government can exercise; and (3) it guarantees certain fundamental freedoms to the people of the United States. It creates the structure and framework of a federal government that limits its powers: (4) separation of powers and (5) checks and balances of each branch on the others.

What are the two aspects of procedural due process?

(1) receiving notice and (2) an opportunity to be heard.

What is a Conflict of Law case?

(1) when the facts of a case occur somewhere other than in the state where the case is filed (2) when the facts of a case occur in more than one state.

What are the 4 types of immunity from civil litigation that exist?

1) Sovereign immunity 2) Charitable immunity 3) Parental immunity 4) Limited contractual immunity

What 5 factors determine in which forum court a case will be heard?

1) Plaintiffs try to choose a forum court that they believe will render the most favorable decision. 2) Many federal and state procedural rules, as well as federal and state statutes, discourage this practice by limiting a plaintiff's choice of forum to locations reasonably convenient to both parties. 3) A defendant seeking to invoke the doctrine of "forum non conveniens" must make a motion to have the action dismissed even though the original forum court has jurisdiction to hear the action. 4) In some states, however, the court will rarely dismiss an action on the grounds of forum non conveniens when the plaintiff is a resident of the forum state. 5) In addition, to protect the plaintiff's interests, a court will permit dismissal of the action only if the plaintiff consents to the trial of the lawsuit in the more convenient forum (plaintiff has to voluntarily submit to jurisdiction of another court)

In which 2 types of cases does the Supreme Court have appellate jurisdiction?

1) Appellate jurisdiction over all appeals from United States Court of Appeals (made up of the district Courts of Appeals) 2) Appellate jurisdiction over the highest appellate court of each state, but only if the state appeal presents an issue of federal constitutional law.

In which types of cases does the Supreme Court have concurrent original jurisdiction?

1) Cases involving ambassadors or foreign consuls 2) Disputes b/w fed gov't and a State 3) A State v. citizens of another State or another Country 4) Appellate jurisdiction over all appeals from United States Court of Appeals 5) Appellate jurisdiction over the highest appellate court of each state, but only if the state appeal presents an issue of federal constitutional law.

What 3 kinds of laws is Congress prohibited from passing?

1) Congress CANNOT suspend the writ of habeas corpus except during rebellion or invasion. A writ of habeas corpus is an order to "deliver the body" of a person wrongfully held in custody. 2) CANNOT pass a bill of attainder. A bill of attainder is a law directed against a specific person or against a specific group. 3) CANNOT pass any ex post facto law. An ex post facto law is one which defines conduct as a crime after the fact (after the act had been committed).

In which 2 types of cases do federal and state courts have concurrent jurisdiction?

1) Diversity of Citizenship: In civil cases involving citizens of two or more states in which the dollar amount in question exceeds $75,000, a state court may hear the case if the defendant in the case does not petition to have the case removed to federal court. Furthermore, if a civil case involves two or more citizens of different states but the amount in question does not exceed $75,000, the case must be heard by a state court. 2) Federal Question: (NOTE: THIS IS NOT THE SAME AS A FEDERAL CASE) Any state court may interpret the U.S. Constitution, federal statute, treaty, etc., if the applicable Constitutional provision, statute, or treaty has direct bearing on a case brought in state court under a state law. However, by interpreting the U.S. Constitution, federal statute, or treaty, the state is subjecting itself to federal review. This means that after a state Supreme Court has acted on a case, the U.S. Supreme Court may review it. In such instances, the U.S. Supreme Court is concerned only with reviewing the state court's interpretation of the applicable federal Constitutional provision, statute, or treaty. It does not review any matters of law that are under the exclusive jurisdiction of the state courts.

What 7 principles are used to determine how conflict of law cases are decided?

1) Plaintiff chooses the forum court by filing the case there. 2) However, defendant can file a motion of "forum non conveniens" to move the forum court to a more convenient jurisdiction. 3) Every state has developed a set of conflict-of-law rules to help courts decide if and when to apply the substantive law of another state. 4) In tort cases, the traditional approach to a conflict of law is to apply the law of the state where the wrong was committed. 5) Contract cases: the easiest way to handle conflict of laws situations in contract cases is simply to agree which state's law will apply and then to include that agreement as a provision in the contract document. 6) Comity--American courts sometimes honor the public acts and final judgments of friendly, foreign nations unless they would be repugnant to public policy or would be prejudicial to citizens' interests in general 7) Reciprocity—when state courts as a matter of courtesy honor the public acts of sister states when they are not repugnant to public policy

Over which 7 type of cases does the Federal Circuit Court have exclusive right of appeal?

1) copyright, 2) patent, 3) trademark, 4) plant variety protection 5) decisions of the U.S. Claims Court 6) U.S. Court of International Trade 7) U.S. Court of Veterans Appeals.

What are 3 rules states must follow in relationship to other states according to Article 4?

1) each state must honor the full faith and credit of judgements (but not legislative enactments) of other states; 2) same privileges and immunities state to state; 3) extradition from one state to be tried for crimes in another; 4) each state to establish a democratic republic form of government

What 5 checks on the powers of the Executive and Judicial branches are granted to Congress in the US Constitution?

1)The House of Representatives has the power to impeach judicial and executive officers 2)Senate has the power to try all impeachments. 3)Senate has to ratify all foreign treaties 4)Senate must approve all ambassadors and judges to federal court 5)Congress may override a presidential veto by a two-thirds vote of both houses as a check on Executive Power

What are the 17 powers of Congress granted in the US Constitution?

1) impose taxes (tax legislation can arise ONLY in House of Reps, not in Senate or other branches of gov't) 2) borrow money 3) regulate interstate commerce and commerce with foreign nations 4) determine naturalization requirements 5) control bankruptcy laws 6) issue currency 7) appropriate money (spend money) 8) punish the counterfeiting of money 9) establish post offices 10) control patents and copyrights 11) create inferior federal courts (that is, inferior to the U.S. Supreme Court) (referred to as Article I courts) 12) declare war 13) provide for national defense 14) serve as the legislature for the District of Columbia 15) May make laws concerning elections of members of House and Senate, although States have the primary responsibility and power to determine these processes 16) To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress 17) AND to make all laws which are necessary and proper to carry out the above-listed powers Congress (this is where Congress appropriates lots of power to itself)

What 3 powers does Article 4 give to the federal government over the states?

1) process for admitting new states to the Union; 2) Congressional authority over territories; 3) federal government to protect from invasion; 4) if state government requests, protection from domestic violence (activatation of the National Guard) such as mobs or riots;

What is state substantive law?

1) state common law, 2) the decisions of state law judges, 3) state practice

What are the 7 components of primary law in a state court case?

1) that state's constitution, 2) statutes, 3) procedural rules, 4) administrative rules and regulations, and 5) case law 6) the US Constitution 7) any federal statutes that may apply (if there is a direct conflict between the state and federal statutes).

What 3 components comprise secondary law in a state court case?

1) the constitution, statutes, and case law from other states, 2) case law from lower courts in the same state, 3) legal encyclopedias, dictionaries, restatements of law, and treatises.

What are the two requirements ror res judicata to take effect?

1) the parties must be the same or must be in privity with (legally connected to) the original parties, and 2) the factual basis must be the same as the first suit.

What 7 powers are granted to the Executive Branch in the US Constitution?

1. appoints executive officers, including a cabinet, to assist with executive duties. 2. enforces federal laws (primarily through the Justice Department), 3. serves as commander-in-chief of the armed forces. 4. makes treaties with foreign nations (with the advice and consent of the Senate) 5. appoints ambassadors 6. appoints judges to the Supreme Court (and lower federal courts) 7. As a check on the legislative branch, the president has the power to veto acts of Congress.

summary judgment

A procedural device used during civil litigation when there is no dispute as to the material facts of the case and a party is entitled to judgment. The court rules that no factual issues remain to be tried, either because all necessary factual issues are settled, or because the facts are so one-sided they need not be tried. Thus the case can be disposed of promptly and expeditiously without a trial.

How can a court be a court of both original and appellate jurisdiction?

A single court may have original jurisdiction in one type of case and appellate jurisdiction in another type of case. It is considered a superior court when it exercises its appellate jurisdiction, and it is considered an inferior court when it exercises its original jurisdiction.

Comity Clause

Also knows as the Privileges and Immunities Clause In Article IV (Relations Between the States) Prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause

McCulloch v. Maryland

An 1819 Supreme Court case that established the doctrine of Implied Powers in reference to the "necessary and proper" clause of Article I, Section 8 of the Constitution that authorized Congress to pass legislation it deemed necessary and proper to carry out its general powers and responsibilities contained in the Constitution. State of Maryland tried to tax bank notes of 2nd Bank of US, but SCOTUS ruled 2nd Bank issuance of notes was constitutional under "necessary & proper" clause, even tho establishing of Bank wad not explicit power granted to federal Gov't.

In which part of the Constitution (NOT the Bill of Rights) is the right to trial by jury for criminal trials established?

Article III

According to Article 3, over which 9 types of cases does the Supreme Court have original jurisdiction?

Cases concerning: a. the Laws of the United States b. Treaties c. Cases affecting Ambassadors, other public Ministers and Consuls (original jurisdiction) d. Cases of admiralty and maritime Jurisdiction e. Controversies to which the United States shall be a Party f. Controversies between two or more States (original jurisdiction) g. Controversies between Citizens of different States h. Controversies between Citizens of the same State claiming Lands under Grants of different States i. Controversies between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

What are Article III courts?

Courts created under Article III of the Constitution: the Supreme Court and other federal courts that Congress has created. The Supreme Court is designated as the highest court and granted appellate jurisdiction over rulings of states that touch on federal issues and lower federal courts. Marbury v. Madison established it as the court of last appeal; thus its rulings become the law of the land.

Under what circumstances will courts rule on moot cases?

Courts will not decide moot cases unless the decision will determine important public policy for others (Roe v. Wade, eg).

What is the definition of a "Federal crime"?

Crimes defined by the U.S. Constitution or those defined and/or punished by federal statute.

Federal v. State jurisdiction

Determined by whether state or federal laws are at issue in the controversy: federal courts can exercise jurisdiction over issues in which state law is involved if state law may be in conflict with federal laws, rules, or Supreme Court decisions (due to Supremacy Clause, Article VI)

Article 7

Establishes method for initial ratification of US Constitution: at least 9 states had to ratify the new Constitution. If only 9 states ratified, however, the new Constitution would only have been valid in those 9 states, so unanimous ratification was the true goal. However, this was only achieved once the Bill of Rights was created that spelled out specific individual and state rights to be protected (some natural law advocates believed these Amendments to be unnecessary and redundant because natural law was a "given.") In some states, ratification of Constitution and Bill of Rights occurred as one vote.

Article 4

Establishes rules for relationships among the States and type of government state must have

Article 2

Establishes the Executive Branch consisting of President, Vice-President, and Cabinet of officers appointed by president.

Article 3

Establishes the Judicial Branch: Supreme Court Also empowers Congress to create lower courts (Article III courts). Establishes original and appellate subject matter jurisdictions for the Supreme Court (Congress has the right to create exceptions to the Supreme Court's appellate jurisdiction--a check on judicial branch)

Article 1

Establishes the Legislative branch (bicameral legislature)

Do federal courts have general or limited jurisdiction?

Every federal court (including the U.S. Supreme Court) is a court of limited jurisdiction, because the federal government has limited powers.

Articles of Confederacy

First Constitution of the United States; gave most power to sovereign states, and severely limited power of national government.

How is venue determined in criminal cases?

Generally it is the place where the crime was committed, but it can be moved if either party persuades a judge that a fair trial cannot be received in the original venue

Right of Privacy

Guaranteed to all people. The word "privacy" is not mentioned anywhere in the Constitution or in the Bill of Rights. Rather, the Supreme Court found it in the penumbras of the Constitution. The doctrine of penumbras, or implicit rights, is best known from the Supreme Court decision of Griswold v. Connecticut, 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965), where Justice William O. Douglas used it to describe the concept of an individual's constitutional right of privacy.

What are the 7 limits on judicial decision-making?

If a case: 1) becomes moot; 2) is not ripe for judicial decision; 3) if the parties do not have standing; 4) if the suit is collusive; 5) in some states, and in all federal courts, if the parties are seeking an advisory opinion 6) (also if subject matter jurisdiction of the court over the case is successfully challenged by judge or defendant) 7) if the judge has a conflict of interest in the case (and thus needs to recuse him/herself

How is personal jurisdiction established over plaintiffs?

If more than one court can legally exercise personal jurisdiction, plaintiff choose which court to file the case in

In what 3 types of cases does merger and bar apply?

If there is: o A final judgment on the merits, o a summary judgment, o a dismissal of the case with prejudice to future action.

Privileges and Immunities Clause

In Article IV (Relations Between the States) Prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause Synonymous with Comity Clause

What is a bench trial?

In bench trials, there is no jury, so the judge decides both the facts and the law.

What does the term forum court mean?

In cases where multiple jurisdictions apply, a forum court is any court where a plaintiff can legally file a suit. every state has developed a set of conflict-of-law rules to help courts decide if and when to apply the substantive law of another state. The forum court always follows its own procedural rules, no matter which state's substantive law is used (so if a case if filed in NJ court but the court considers other states' statutes, it must still use only NJ procedural law)

Use of comity in conflict-of-law cases

In conflict-of-law cases, American courts sometimes honor the public acts and final judgments of friendly, foreign nations unless they would be repugnant to public policy or would be prejudicial to citizens' interests in general

Erie Doctrine

In diversity cases, federal judges must be guided by: 1) state common law, 2) the decisions of state law judges, 3) state practice Federal judges cannot create federal common law. Erie Doctrine solved the problem of US District Courts reaching different decisions when they heard the same facts but arrived at different decisions because they applied different laws.

Due Process Clause

In the Fifth Amendment: "no person shall be deprived of life, liberty, or property without due process of law" In the Fourteenth Amendment: "nor shall any state deprive a person of life, liberty, or property without due process of law" Means fundamental fairness. This concept, however, can vary according to the type of right involved as well as according to language and effect of a particular statute or rule. As a result, courts review due process claims on a case-by- case basis. Also, there must be "state action:" action by either the federal or state governments, agencies, or officials. When a private business adopts a rule, no state action is present unless the business has some governmental tie (a government contract or some type of governmental grant or subsidy, for example) which permits tthe court to find that state involvement -- and therefore state action -- exists

What does bankruptcy court do?

It is a statutory procedure, usually triggered by insolvency, by which a person is relieved of most debts and undergoes a judicially supervised reorganization or liquidation for the benefit of the person's creditors.

Lex loci contractus

Law of State where contract became binding; used to determine which laws to apply in conflict-of-law contract cases

Lex fori

Law of forum state; used to determine which laws to apply in conflict-of-law contract cases

Lex loci solutionis

Law of the State where contract is to be performed; used to determine which laws to apply in conflict-of-law contract cases

Third Amendment

No soldier to be quartered in private homes

Fourth Amendment

No unreasonable search and seizure

Does the federal government have inherent powers?

No. The US Constitution specifies the power of the federal government; any powers not listed in the US Constitution or determined to exist through case law are reserved for the states.

Do judges serve indefinitely ("good conduct") in US Specialty Courts?

No. judges are appointed for a limited term

Can federal courts consider state and federal procedural law when determining diversity of citizenship cases?

No; federal courts can apply only federal procedural law, even when deciding diversity of citizenship cases that require them to consider both federal and state substantive issues.

Opportunity To Be Heard

Part of procedural due process: means that a hearing of some type must be held so that the accused can defend herself if she wishes to do so. The fundamental fairness of the hearing varies according to the circumstances. For example, one who is charged with murder is entitled to every procedural safeguard available, including assistance of counsel, trial by jury, and formal rules of evidence. One who is charged with jaywalking, by contrast, is entitled to a trial of some type, but generally is not entitled to a full-blown jury trial or to the assistance of a public defender unless the conviction could result in incarceration.

What are 7 ways personal jurisdiction is established over defendants?

Personal jurisdiction over defendant is established by "minimum contact" standard • Defendant voluntarily submitting to personal jurisdiction (by doing business or soliciting business) • Defendant's permanent home (domicile) or current presence is within state (or federal) boundary of the court • If defendant is a corporation, the state of incorporation OR the state where principal offices are located are equally valid in determining personal jurisdiction • "long arm statute" if defendant's actions have caused harm included under "long arm statute," defendant is subject to personal jurisdiction (may need to be extradited to stand trial) • a court always has jurisdiction of property located within its borders. When any claim arises concerning property located within a state, the court which has subject matter jurisdiction in that geographic location also has in rem jurisdiction of the property, without regard to whether it has personal jurisdiction over the defendant. • In rem jurisdiction means "jurisdiction over the thing" • Quasi in rem jurisdiction, dealing with the property "as if it were" the subject of the claim

Tenth Amendment

Powers not given to the federal government nor denied the states are retained by the states or by the people; Creates limited federal powers

Implied Powers

Powers or rights the Courts have determined exist even though they are not stated directly in the Constitution; first asserted in McCulloch v. Maryland in 1819, which referenced the "necessary and proper" clause in Section 8, Article I that allowed Congress to make laws "necessary and proper" to fulfilling the powers listed in Article I. Supreme Court Justice Marshall observed that the Constitution could not specifically address all of the specific ways in which the Government would fulfill the duties to which it was generally obligated, but rather implied the functions which the Government might take on to meet its responsibilities.

What is primary law?

Primary law is mandatory law, which means to the extent that it relates to the facts and issues in the pending case, it must be followed in reaching a decision.

Quasi in rem jurisdiction

Quasi in rem (Latin for "sort of against the thing") jurisdiction applies to personal suits against the defendant, where the propertyis within the geographical authority of the court but is not the source of the legal dispute; rather the property is sought as compensation by the plaintiff. The authority of a court exercising quasi in rem jurisdiction is limited to a determination of the respondent's interest in the property.

What is the definition of secondary law?

Secondary law is persuasive law, which means that it may be helpful to a judge in reaching a particular decision, but it does not have to be followed if the judge does not wish to do so.

Equal Protection Clause

Section 3 of the Fourteenth Amendment: prohibits states from denying any person in their jurisdiction equal protection under the law (all persons must be protected equally by the laws)

What 4 areas do securities and banking regulations deal with?

Securities and banking regulations are the body of law protecting the public by: 1) regulating the registration, 2) offering, and 3) trading of securities, and 4) the regulation of banking practices.

Are state courts allowed to give advisory opinions?

Some states allow their courts to issue advisory opinions; others do not

Article 6

Supremacy Clause: US Constitution, valid federal laws, valid federal dministrative rules and regulations, and valid treaties trump state laws. State and federal officials must take an oath to uphold the US Constitution. No state or federal official can be required to take any religious test. Supreme Court decisions also become supreme law of land under Marbury v Madison (1803)

"The Supreme Court is not the last because it is always right; it is always right because it is the last."

The doctrine of Final Review--the Supreme Court is the highest appeals court.

What are the 5 factors a court uses to determine whether to dismiss a case based on the doctrine of "forum non conveniens"?

The forum court must be a in location reasonably convenient to both parties based on: 1) whether the necessary witnesses can be compelled to attend the proceedings; 2) the cost of obtaining their attendance; 3) ease of access to evidence pertinent to the dispute, 4) the distance from the site of the events that resulted in the litigation; 5) any other practical factors that would facilitate the trial of the lawsuit.

How can executive branch balance power of legislative branch?

The president has the power to veto acts of Congress.

Fourteenth Amendment

The protections contained in the Bill of Rights originally extended to citizens of United States in relation to the federal government. They did not apply to citizens of states in relation to state governments until the Fourteenth Amendment was ratified in 1868. This important Amendment made it clear that the Bill of Rights applies to state governments as well as to the federal government.

What are two ways courts can establish personal jurisdiction over a corporation?

The state where the corporation was incorporated, or the state where the corporation's principal offices are located.

What 4 types of cases do admiralty courts hear?

The system of jurisprudence that has grown out of the practice of admiralty courts (courts that hear maritime disputes). These courts exercise jurisdiction over: maritime contracts, maritime torts, maritime injuries, maritime offenses.

How is the US District Court structured?

There are more than 90 federal district trial courts (one for each federal district); organized according to population concentrations; each state and each territory has at least one federal district court

According to the Constitution, what are the protections for federal judges?

They hold their offices "during good behavior" Their compensation cannot be reduced while they are in office

Equitable defense of estoppel

This defense arises where one party leads another to believe some set of facts, the second party reasonably relies on those facts, and then the first party changes position and seeks to stand on a different set of facts. The courts say the first party is estopped to deny (stopped from denying) the initial facts, and the second party is justified in continuing to rely on the facts initially represented by the first party.

Charitable immunity

This practice began many years ago, when most charities had very little money. A number of states have restricted this type of immunity, simply because so many charities have become huge business operations and can afford to purchase insurance protection

What does "filing a writ of certiorari" mean?

When a defendant asks a higher court to review his/her case on appeal for irregularities in the lower court's proceedings

Tolled

When the statue of limitations is put on hold if the plaintiff or defendant is legally unable to participate in a fair trial

What is a saving clause?

a clause that allows the statute to be tolled (put on hold) for minority (being a minor), insanity, imprisonment, court order, fraudulent concealment by a fiduciary, or the like. However, once the person is able to bring suit, the statute of limitations is rarely as long as after the original wrong was committed.

Limited jurisdiction

a court cannot hear every type of case that might come before it; it can hear only those cases that are listed specifically in its creating statute or in its creating constitutional provision.

Judgment on merits

a judgment based on the ultimate facts or state of facts disclosed by the pleadings and evidence upon which the right of recovery depends. It amounts to a declaration as to the respective rights and duties of the parties. A judgment on the merits is final for purposes of appeal, though the recoverability or amount of attorney's fees for the litigation remains to be determined

Concurrent jurisdiction

more than one court is authorized to hear a specific type of case. When concurrent jurisdiction exists, a plaintiff may choose between (or among) those courts that have concurrent jurisdiction of the subject matter of her case

What common law do judges consider

o Principle of precedent where it exists; o Even if precedent exists, a judge can consider the surrounding circumstances and societal changes since the prior case was decided in order to determine if the rule of law still fits. If it does not, common law principles are flexible enough to allow adjustments which may be necessary to decide the current case in a way that is just (overturning precedent)?

What judicial remedies are available?

o Statutory remedies, if they exist, must be followed o If no statute exists, the court applies common law principles to establish the type and amount of relief that a party may receive

Vagueness Doctrine

occurs when a person of normal intelligence cannot tell from the statute's language what conduct is prohibited or required

Arbitrary

pulled out of thin air, with no underlying factual basis

Comity

specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts.

Subject Matter Jurisdiction

the nature of the claim or controversy determines which type of court hears the case, as determined by the statute that created the court Different courts hear different kinds of cases (e.g. traffic court, drug court, bankruptcy court, probate court, family court, small claims court, juvenile court, criminal court, Supreme Court)

Venue

the place of trial or, more specifically, to the location (specific court) within a particular jurisdiction where the trial should take place

Jurisdiction

the power or authority of a court to hear a specific case.; jurisdiction is defined in the legislation that created the court

Parental immunity

this doctrine refers to a principle that children cannot sue their parents, and that parents cannot sue their children, for tort claims (which are civil). The doctrine is based upon the public policy of maintaining family tranquility and undermining a parent's control and authority over his or her children. This doctrine was created by American courts and appeared first in the case HEWLETT v. GEORGE, 68 Miss. 703 (Miss. 1891) where the court held that so long as the parent is under obligation to care for, guide and control, and the child is under reciprocal obligation to aid and comfort and obey, no action for malicious prosecution can be maintained. (Child abuse and neglect are dealt with in criminal law statutes)

dismissal of a case with prejudice to future action

when court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds

Which 2 federal Article I courts that have been annexed to Article III courts?

• Federal Magistrate Court • Federal Bankruptcy Court

In what 2 types of cases does the Supreme Court grant certiorari?

• The justices believe that the case has enough national importance to warrant the Court's attention. • The justices believe that there is serious conflict among the circuits of the Court of Appeals on a particular issue and national law needs to be interpreted consistently across the nation.

How are state court systems structured?

• supreme or superior court, • one or more intermediate appellate courts, • a court of general jurisdiction, • county or municipal court, • small claims court, • family court, • traffic court, • probate court • any other court that the state legislature might authorize

What are the 4 ways a plaintiff can decide which venue to file suit in for a civil case?

• the place where the claim arose • the place where the property is located • the place where the defendant resides • the place where the defendant had either a place of business or an agent (Remember that all a plaintiff needs to do to establish personal jurisdiction is to voluntarily file with the court where he/she believes she/he will get the best outcome.

Over what 11 types of cases do federal courts have exclusive original jurisdiction?

◾Suits between states—Cases in which two or more states are a party (Supreme Court has exclusive original jurisdiction--these cases must be heard ONLY by the SC) ◾Cases involving ambassadors and other high-ranking public figures—Cases arising between foreign ambassadors and other high-ranking public officials. ◾Federal crimes ◾Bankruptcy ◾Patent, copyright, and trademark cases ◾Admiralty ◾Antitrust ◾Securities and banking regulationThe body of law protecting the public by regulating the registration, offering, and trading of securities and the regulation of banking practices. In addition, the federal courts have jurisdiction over several other types of cases arising from acts of Congress. For example, the courts have jurisdiction in a wide variety of (1) civil rights, (2) labor relations, and (3) environmental cases.