GBL 323 Exam 1

two major court systems in the US

1. federal court system 2. the court systems of the 50 states and the district of columbia

exclusive state jurisdiction

matters not subject to federal jurisdiction

alternative dispute resolution (ADR)

methods of resolving disputes other than litigation, developed in response to the expense and difficulty of bringing a lawsuit

legal positivism school

believes that law is separate from moral values. every enacted law should be a good and enforceable law. believes that law is a set of rules developed, communicated, and enforced by the ruling party

feminist school

believes that law today promotes gender inequality and should be changed to accommodate women's views

law and economics school

believes that promoting market efficiency should be the central concern of legal decision making

checks and balances

built into the constitution to ensure that no one branch of the federal government becomes too powerful

burden of proof

burden/responsibility of evidence, criminal cases- beyond reasonable doubt, civil cases- preponderance of evidence, clear and convincing proof

cases state courts can hear

cases that federal courts do not have jurisdiction to hear. ex- matters involving state law, real estate, business law, sales and lease agreement, negotiable instruments

enumerated powers

certain powers delegated to the federal government by the states

intermediate appellate courts

a court that hears appeals from trial courts. reviews the trail court record to determine if there have been any errors at trial that would require reversal or modification of the decision

critical thinking

a process that: identifies and challenges assumptions, challenges the importance of context, tries to imagine and explore alternatives, reflective skepticism

interstate commerce

commerce that moves between states or that affect commerce between states. is also under the federal government authority of the commerce clause

supremacy clause

establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land

subject matter jurisdiction

exclusive federal jurisdiction, concurrent jurisdiction, state court jurisdiction

writ of certiorari

an official notice that the supreme court will review a case

executive orders

an order issued by a member of the executive branch of govt

post trial

appeals procedure- brief, oral argument, judge/justices opinion, deference to trial courts, enforcement- execution, garnishment, doctrine of res judicata- issue must be resolved in one trial

ADRs

arbitration, mediation, conciliation, mini trial, fact-finding, judicial referee

Article II

article of the constitution that established the executive branch of government. provides for the election of: the president and vice president

Article III

article of the constitution that establishes the judicial branch of the govt. establishes the supreme court, other federal courts that may be created by the congress

Article I

article of the constitution that establishes the legislative branch of government. bicameral branch: the senate, the house of representatives

sociological school

asserts that law is a means of achieving and advancing certain sociological goals and promote social welfare

general jurisdiction trial courts

hear cases of a general nature that are not within the jurisdiction of limited jurisdiction courts. testimony and evidence at trail are recorded and stored for future reference

limited jurisdiction trial courts

hear matters of a specialized or limited nature. ex- traffic courts, juvenile courts, family law courts, small claims courts, etc

highest state court

hears appeals from intermediate state courts and certain trial courts. no new evidence or testimonies are heard.

quasi in rem jurisdiction

attachment jurisdiction. attach property located in an other state. allows a plaintiff who obtains a judgement in one state to try to collect the judgement by attaching property of the other defendant located in another state

mediation

parties choose a neutral third party to assist them, parties reach settlement, mediator does not make judgement or issue award

arbitration

parties choose neutral third party to hear evidence and testimony and decide the case. may be binding or non binding

conciliation

parties use an interested third party to act as a mediator

sources of law in the U.S.

constitutions, codified law, treaties, executive orders, agency rules and regulations, judicial decisions

in rem jurisdiction

court has jurisdiction over the property of the lawsuit, within the state borders

judicial referee

court-appointed referee who conducts a private trial and renders a judgement, parties reserve their right to appeal

judicial decisions

courts decide controversies. judicial decisions usually state the rationale used by the court in reaching that decision

US supreme court

created by article 3 of the US constitution, is the highest court in the land, is located in washington DC, composed of 9 justices who are nominated by the president and confirmed by the senate

two major functions of the constitution

creates the three branches of govt and allocates power to these branches, protects individual rights by limiting the govts ability to restrict those rights

concurrent jurisdiction

deal with both federal and state if: 1. federal question- question dealing with the constitution or 2. over $75,000 and has complete diversity

critical thinking is centrally concerned with reasons

identifying reasons, evaluating reasons, giving reasons to put forth a clear arguement

a party can request a change in the venue if

impartial jury, non-convenience, has a constitutional right to a removal from state to federal court system but not the other way around

domicile

individual can only have one domicile. business has at least one but can have 2 (place of incorporation or principle place of business headquarters)

discovery: methods

interrogatories (set of written questions answered under oath),request production of documents (records, pictures), deposition (oral questioning of 3rd party witness under oath), request for admission, physical and mental examination

federalism

is the US form of the govt. the federal govt and the 50 state govts share powers

trail

jury selection- voir dire, preemptory challenges, opening statement-essential facts, introduction of evidence, direct verdict, closing arguments, jury instructions, jury deliberation, entry of judgement

judges and justices

jury- decides questions of fact/law. justices- deal with issues of law on appeal. judiciary- power of judicial review

functions of law

keeping the peace, shaping moral standards, promoting social justice, maintaining the status quo, facilitating planning, maximizing individual freedom

stare decisis

latin for "to stand by the decision"- means adherence to precedent- decision has been made

discovery: purpose

lawsuit based on merits of case, assist in trial preparation, narrow issues

Three powers of government

legislative power, executive power, judicial power

the state court systems

limited jurisdiction trial courts (specialized courts), general jurisdiction courts (general cases), supreme court (highest court), intermediate appellate courts (can hear cases from other courts)

american legal realism school

maintains that law should focus on the actors in the judicial system, like judges, instead of social conditions and values

critical legal studies school

maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness. the basic view of this school is that the law is politics and it is not neutral or value free- created by elitists

in personam jurisdiction

personal jurisdiction is obtained by the plaintiff by virtue of filing the suit, by the defendant by serving summons within the state, by mailing summons, by publication

standing to sue

plaintiff must have a stake in the outcome of the case. ex- mistress gets hit by dog. friend cannot sure bc had no stake in case

parties to a lawsuit

plaintiff v. defendant. counterplaintiff v. counterdefendent (counterclaim). appellant v. appellee. petitioner v. respondent. third-party defendant

diversity of citizenship

plaintiffs/defendants- citizens of different states. corporation is citizen of- state of incorporation, citizen of state of principal business. totally activity test for corporation. claim must be over $75,000

procedural rules

pleadings- pretrial motions- discovery- pretrial conference- trail- post-trial motions- appeal

natural law school

postulates that law is based on what is "correct." law should be be based on morality and ethics

judicial review

power to interpret legislation and determine constitutionality

case law

precedent oriented. advantages- predictable, certain. disadvantages- volume of cases, time intensive, expensive, precedent may be rejected, etc

lawyers

present- evidence, point of law, arguments. function as- counselor, advocate, public servant

fact-finding

process where the parties hire a neutral party to investigate the dispute and report findings back to both sides

motions

question of law, statue of limitations, judgment on pleadings or summary judgement (95% of cases solved here), affidavits, frivolous cases(suing someone just for money)

the federal court system

special federal courts, US supreme court, US district courts, US courts of appeals

long-arm statute

state courts obtain jurisdiction over persons or businesses located in an other state

state judicial system

state supreme court, appeals court, circuit courts, district courts, probate courts

codified law: statutes and ordinances

statutes- written law enacted by the legislative branches of federal and state govts ordinances- laws enacted by local govt bodies such as cities and municipalities, counties, school districts, and water districts

Martha Stewart Case

stewart convicted for insider trading. is asking for a new case as she feels that there was an error in previous trail. Decision: Rule 33:she is not bc purjury was very minor, still had independent evidence

subject matter and personal jurisdiction

subject matter jurisdiction- actual issue of the case. personal jurisdiction- affects parties of the case

constitutions

the U.S. constitution established the structure of the federal govt and enumerates it powers. created 3 branches: legislative, executive, judicial

priority of law in the US

the US constitution and treaties take precedence over all other laws. federal statutes take precedence over federal regulations. valid federal law takes precedence over any conflicting state or local law

preemption doctrine

the concept that federal law takes precedence over state or local law

US Court of Appeals

the federal court system's intermediate appellate courts. hear appeals from the district courts located in their circuit. review record of lower courts and determine if there have been any errors that would warrant a reversal or modification

US district courts

the federal court system's trail courts of general jurisdiction. most federal cases originate here. they are empowered to: impanel juries, receive evidence, hear testimony, decide cases

federal regulation of interstate commerce

the federal government may regulate: intErstate commerce that crosses state borders, intrAstate commerce that affects interstate commerce

jurisdiction

the power (authority) of the court to hear a case and render a binding decision

venue

the proper location (court) within the court system that has jurisdiction. requires lawsuits to be heard by the court with jurisdiction closest to the location where the incident occurred or parties reside

briefing a case

use IRAC method. state faces, issue, decision, reasoning

substantive law

the law that creates and regulates legal rights. i.e- contract law, property law, etc

procedural law

the law that defines the rules of enforcing substantive law rights in a court of law. the law that defines the manner by which to obtain a remedy in a court of law

defendant

the party against who the lawsuit has been brought

petitioner(supreme court) or appellant(appeal court)

the party who has appealed the decision of the trial court or lower court

respondent or appellee

the party who must answer the petitioner's appeal

plaintiff

the party who originally brought the lawsuit

jurisprudence

the philosophy or science of the law. there are many schools of jurisprudential though

regulations and orders of administrative agencies

administrative agencies are created by the legislative and executive branches of govt. they may adopt rules and regulations and may enforce and interpret statutes

exclusive federal jurisdiction

admiralty, antitrust, bankruptcy, copyright, federal crimes, patents, suits against the US, other specified federal statutes

US supreme court hears appeals from

federal circuit courts of appeals, federal district courts under certain circumstances, special federal courts (no new evidence heard). supreme court decision is final

special federal courts

federal courts that hear matters of specialized or limited jurisdiction. ex- US tax court, claims court, court of international trade, bankruptcy court, immigration court

two main judicial systems

federal judicial system, state judicial system

class-action suits

filed on behalf of all with similar claim, notice given to all members of class, plaintiffs pay court costs, settlement- benefits class, release all claims

IRAC Method

I- Issue R- Rule of Law A- Analysis of Facts C- Conclusion

federal judicial system

U.S. supreme court, military courts, bankruptcy courts, immigration courts, tax courts, appeals courts, district courts

definition of law

a body of rules of action or conduct prescribed by the controlling authority, and having binding legal force

the commerce clause

a clause of the US constitution that grants congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes."

treaties

a compact (agreement) made between two or more nations

petition for certiorari

a petition asking the supreme court to hear case

english common law

developed by judges who issued their opinions when deciding a case. the principles announced in these cases became precedent for later judges deciding similar cases. is used by all states except Louisiana- uses civil law

jurors

fact finding body- petit jury. size- usually 12 depends on court, decision- usually unanimous, no reason given

mini trail

short session in which lawyers fro each side present their cases to representatives of each party who have the authority to settle the dispute

US supreme court decisions

unanimous, majority, plurality, tie. justices may issue a concurring(accept majorities reasoning) or dissenting opinion(agree but have different reasoning)