Law Exam 1 Study Guide

What are the 3 types of judgements made in appellant courts?

1. Affirmed the trials's court decision 2. Modified it 3. Reverse it.

What are the 4 types of Discovery?

1. Interrogatories 2. Depositions 3. Request for Production 4. Request for Admissions - intended to narrow the issues to be tried

What is Diversity of Citizenship?

A basis for federal court jurisdiction over a lawsuit between citizens of different states and countries. There are two requirements 1. The plaintiff and defendant must be residents of different states. 2. The dollar amount in controversy must exceed $75,000. Lastly, In a case based on this, a federal court will apply the relevant state law (which is often the law of the state in which the court sits).

What is law?

A body of enforceable rules governing relationships among individuals and between individuals and their society.

What is Long-arm statutes?

A court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state. The courts must be convinced that the defendant had minimum contacts with the state to justify the jurisdiction. Generally, this means that the defendant must have enough connection to the state for the state to exercise power over the defendant.

What is Role of Precedent?

A court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. When the court decides the precedent is incorrect or not applicable it can depart from it. If there is none of this, then the courts can refer to persuasive authority to make it's decision.

What is a verdict?

A decision on a disputed issue in a civil or criminal case or an inquest.

What was the new rule that arose out of Davies v. Mann?

A defendant whose negligence causes the plaintiff's injury will be liable for damages, though if the plaintiff was contributorily negligent, he gets nothing unless the defendant had the last clear chance to avoid the accident.

What is Discovery?

A method by which the opposing parties obtain information from each other to prepare for trial. This includes gaining access to witnesses, documents, records, and other types of evidence. Generally it is allowed regarding any matter that is not privileged and is relevant to the claim or defense of any party. It also attempts to protect witnesses and parties from undue harassment and to safeguard privileged or confidential material from being disclosed.

What is motion for a new trial?

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or another reason) that a new trial is necessary to prevent a miscariage of justice

What is motion for judgment on the pleadings?

A motion by either party to a lawsuit at the close of the pleading requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

What is motion for directed verdict (known is federal courts as a motion for judgment as a matter of law)?

A motion for the judge to take the decision out of the hands of the jury and to direct a verdict for the party making the motion on the ground that the other party has not produced sufficient evidence to support their claim

What is motion for summary judgement?

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute

What are appellate procedures?

A party can file an appeal if they can claim that the lower court committed an error. A court of appeals does not hear evidence. Instead, the court reviews the record for errors of law. It's decision concerning a case is based on the record (pleadings, trial transcript, the judge's ruling on motions made by the parties, and anyother trial documents) on appeal, the abstracts (condensation of the record), and the attorney's brief.

Additional notes about discovery with reference to requests for other information

A party can serve a written request on the other party for an admission of the truth on matters relating to the trial. Any matter admitted under such a request is conclusively established for the trial.

What is an Ordinance?

A regulation enacted by a city or county legislative body that becomes part of that state's statutory law. Example: - Zoning ordinances for a city

What are Statues of Limitations

A restriction on how long a person or entity may wait before taking legal action on a matter.

What is clean hands doctrine?

A rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (not have done anything wrong) in regard to the subject matter of his/her claim.

What is Comparative Negligence?

A rule that allows the plaintiff to recover only the % of the damages that was not his fault. If his damages were $10,000, and he was 1% at fault, he would be awarded 99% x $10,000 = $9,900.

What is interrogatories?

A series of written questions for which answers are prepared by a party to a lawsuit, usually with the assistance of the party's attorney, and then signed under oath. The questions are directed to a party of the lawsuit and not a witness.

What is a Brief?

A written summary or statement prepared by one side in a lawsuit to explain its case to the judge.

What is voir dire?

An important part of the jury selection process in which the attorneys question prospective jurors about their backgrounds, attitudes, and biases to ascertain whether they can be impartial jurors.

What is Writ of certiorari?

An order issued by the Supreme Court to a lower court requiring the court to send the record of the case for review

What are courts of appellate jurisdiction?

Cases can be brought before appellate courts only on appeal from an order or a judgement of a trial court or other lower court. Typically, a panel of three or more judges reviews the record of the case on appeal, which includes a transcript of the trial proceedings, and determines whether the trial court committed an error.

What is Common Law (Case Law)?

Common law: The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Today, common law is referred as Case law: The rules of law announced in court decisions. Interprets statutes, regulations, constitutional provisions, and other case law. Govern all areas not covered by statutory or administrative law.

What are courts of original jurisdiction?

Courts hearing a case for the first instance, or trial courts - that is, courts in which lawsuits begin, trials take place, and evidence is presented. In the federal court system, the district courts are trial courts. In the various states, trial courts are known as having limited or general jurisdiction.

What is Last clear chance doctrine?

Employed in contributory negligence jurisdictions. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. For example, in Davis v. Mann. Mann, the defendant/carriage driver, had the last opportunity to avoid the accident.

What are courts of general jurisdiction?

Examples are state trial courts or federal district courts. Authority to hear any kind of case, expect those kind for limited jurisdiction.

What are courts of limited jurisdiction?

Examples for the states are probate courts. For the federal gov't, examples include bankruptcy courts.

What is the case Gibson v. Ogden about?

Facts: New York gave Ogden a monopoly to run a ferry between NJ and NYC. Issue: Did this monopoly prevent Gibbons, who held a federal coasting license, from plying NY waters? Holding: No, Congress's power to regulate interstate commerce extended to navigation between 2 states, even when that navigation reached into the interior of the state.

What are examples of exclusive jurisdiction?

Federal: Cases involving federal crimes, federal antitrust laws, bankruptcy, patents, copyrights, trademarks, suits against the U.S., some areas of admiralty States: Cases involving all matters not subject to federal jurisdiction. Ex. divorce & adoption cases.

What is Human rights?

From the constitution: "that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

What are the facts about in Wickard v. Fillburn?

In 1942 the Supreme court held that wheat production by an individual farmer intended wholly for consumption on his own farm was subject to federal regulation. The Court reasoned that the home consumption of wheat reduced the market demand for wheat and thus could have a substantial effect on interstate commerce.

What is Role of Juries?

In a criminal trial, they are charged with the responsibility of deciding whether, on the facts of the case, a person is guilty or not guilty of the offence for which he/she has been charged. They must reach its verdict by considering only the evidence introduced in court and the directions of the judge

What is Pleadings?

Includes the complaint, answer, counterclaim, and reply. It informs each party of the other's claim and specify the issues involved in the case.

What is dissenting opinions?

It is an opinion written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.

What is exclusive jurisdiction?

Jurisdiction that exists when a case can be heard only in a particular court or type of court

What is concurrent jurisdiction?

Jurisdiction that exists when two different courts have the power to hear a case.

What are examples of concurrent jurisdiction?

Most cases involving federal questions & diversity of citizenship.

What is judgment N.O.V?

Motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury's verdict against him or her was unreasonable and erroneous

What is the Defendant?

One against whom a lawsuit is brought, or the accused person in a criminal proceeding

What is the Plaintiff?

One who initiates the lawsuit

What is the Role of the Trial Judge?

Oversees the trial, informs the jury of the laws applicable to the case (Judge's Instructions), judgement n.o.v, directed verdict if applicable.

What is Modified Comparative Negligence?

Plaintiff will not recover if he/she is found to be either equally responsible or more responsible for the resulting injury. In other words, in order to recover damages, the plaintiff must not be more than 50% at fault for the resulting injury.

What is Stare Decisis?

Practice of deciding new cases with reference to former decisions. Also has several advantages: it helps courts to be more efficient and makes the law more stable and predictable.

What is an Answer?

Procedurally, a defendant's response to the plaintiff's complaint. The defendant can either admit to the plaintiff's allegations and the court will enter judgement. Or the defendant can deny them and the court moves to trial.

What are Federal Questions?

Questions that pertain to the U.S. Constitution, an act of Congress, or a treaty and provides a basis for federal jurisdiction in a case. Note that in a case based on this, a federal court will apply federal law.

What is motion to dismiss?

Request the court to dismiss the case for stated reasons. Grounds for dismissal of a case include improper delivery of the complaint and summons, improper venue, and the plaintiff's failure to state a claim for which a court could grant relief.

What are Reporters?

Series of books that contain judicial opinions from a selection of case law decided by courts. When a particular judicial opinion is referenced, the law report series in which the opinion is printed will determine the case citation format.

What are sources of Law (primary law)?

Statutory law, ordinances, and common law/case law

How were federal courts created?

The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington in 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed.

Why did the court decide the legal issues the way it did in McCulloch v. Maryland?

The Supreme Court decided the way it did because Congress's act of incorporating a bank was "necessary and proper" to facilitate the needs of the country. The court also decided that Maryland taxing the bank is unconstitutional because the state is under the *authority of the federal government. * I could be wrong here, but I am fairly sure that is what it is saying.

What is In rem?

The ability for a court to exercise jurisdiction over property that is located within its boundaries.

What is In personam?

The ability for a court to exercise personal jurisdiction over any person or business that resides in a certain geographic area.

What is Jurisdiction?

The authority of a court to hear and decide a specific case.

What is Statutory Law?

The body of law enacted by legislative bodies (example - Congress & state legislatures). As opposed to constitutional law, administrative law, or case law. This also includes ordinances

How did the court decide the legal issue in Heart of Atlanta Motel v. United States?

The court decided the case by favoring the Defendant, in that, Congress does have the power to remove any obstructions to travel, such as refusing to rent a room to someone. Even if a business claims that it is only local.

How did the court decide the legal issue in McCulloch v. Maryland?

The court decided the case by favoring the Plaintiff, in that, the act of incorporating a bank is constitutional and that Maryland, "imposing a tax on the Bank of the U.S., is unconstitutional and void."

How did the court decide the legal issue in Zysk v. Zysk?

The court decided the case by favoring the defendant. Even though the defandent failed to inform the plaintiff about his disease (negligence), the plaintiff engaged in the criminal activity of fornication. Thus, she is barred from recovering damages.

How did the court decide the legal issue in Butterfield v. Forrester?

The court decided the case by favoring the defendant. Even though the defandent was negligent, the plaintiff contributed to his injuries. Thus, he is barred from recovering damages.

How did the court decide the legal issue in Wimberly v. Gulf Production Co.?

The court decided the case by favoring the defendant. The defendant is not liable for the health and safety of those upon his or her property without premission.

How did the court decide the legal issue in Davies v. Mann?

The court decided the case by favoring the plaintiff. Although, the plaintiff contributed negligence to the accident. The defendant was riding without ordinary care.

How did the court decide the legal issue in Katzenbach v. McClung?

The court decided the case by finding that racial discrimination in restaurants had a direct and adverse effect on the free flow of interstate commerce.

Why did the court decide the legal issues the way it did in Butterfield v. Forrester?

The court decided the way it did because a person should not be held liable for damages to a person not using common and ordinary care.

Why did the court decide the legal issues the way it did in Katzenbach v. McClung?

The court decided the way it did because discriminatory practices discourage travel, obstruct interstate commerce, & deterred skilled people from moving into the area.

Why did the court decide the legal issues the way it did in Davies v. Mann?

The court decided the way it did because even if something is wrongful placed on the road, you cannot justify running over it. What if instead of being a donkey, it was a person that the carriage ran over?

Why did the court decide the legal issues the way it did in Zysk v. Zysk?

The court decided the way it did because it will not assist a participant in an illegal act who seeks to profit from that illegal act.

Why did the court decide the legal issues the way it did in Heart of Atlanta Motel v. United States?

The court decided the way it did because racial discrimination has a disruptive effect on interstate and intrastate commerce.

Why did the court decide the legal issues the way it did in Wimberly v. Gulf Production Co.?

The court decided the way it did to protect property owners from being liable for trespassers. Property owners are only liable for hidden traps out to injury a trespasser, or willful & illegal force used upon them.

What are the facts / legual issue about in McCulloch v. Maryland?

The facts & legal issue concerns wether or not Congress has the power to incorporate a bank. If it can, then does Maryland have the power to tax it, being that the bank is in Maryland?

What are the facts about in Katzenbach v. McClung?

The facts concern the a barbecue family-owned restaurant that restricted Negroes to only take-out service. The restaurant purchased about $70,000 worth of food that had been produced out of state.

What are the facts about in Zysk v. Zysk?

The facts concern the consented act of sex between the plaintiff and defendant prior to marriage. The plaintiff, unbeknownest to her, became infected with Herpes.

What are the facts about in Davies v. Mann?

The facts concern the defendant, who was driving at a fast pace, a team of three horses on a road. The defendant ran over a donkey that had been placed near the road by the plaintiff. The donkey did not survive.

What are the facts about in Heart of Atlanta Motel v. United States?

The facts concern the plaintiff who continued to refuse hotel serve to Negreos, and contends with Congress that the passage of the Civil Rights Act exceeds its power to regulate commerce.

What are the facts about in Butterfield v. Forrester?

The facts concern the plaintiff, who was riding fastly on a horse, fell over a pole that was placed by the defendant and was injured in the process.

What are the facts about in Wimberly v. Gulf Production Co.?

The facts concern the plaintiffs seeking damages for their son who trespassed on the defendant's property and died while using the bath house in a gas explosion.

What is citizenship for a corporation?

The federal diversity jurisdiction statute provides that a corporation is a citizen of both (1) the state where it is incorporated, and (2) "the State where it has its principal place of business."

What is Venue?

The geographic district in which a legal action is tried and from which the jury is selected. Two courts may have authority to exercise jurisdiction over the case, but it may be more appropriate or convenient to hear the case in one court than in the other. Additionally, in criminal cases, the trial maybe moved to a venue that is away from where the crime occurred due to impartial jury concerns, although this rarely happens.

What is Contributory Negligence?

The idea that an individual has a duty to act as a reasonable person. When a person does not act this way and injury occurs, that person may be held entirely or partially responsible for the resulting injury, even though another party was involved in the accident. Traditionally, if someone had done this, they were barred from recovering any damages. Only the rule of last clear chance can save you.

What was the legal issue presented in Davies v. Mann?

The legal issue is very similar to butterfield v. forrester. In that, if an accident might have been avoided by the exercise of ordinary care on the part of the driver, the jury should find the verdict for the plaintiff.

What was the legal issue presented in Katzenbach v. McClung?

The legal lissue is if a business that has no interstate customers, but receives about $70,000 worth of food which has move in commerce, is a valid exercise of power of Congress to regulate by means of the commerce clause.

What was the legal issue presented in Butterfield v. Forrester?

The legal lissue is if a plaintiff contributes to his own damages. Is he or she eligible for recovery?

What was the legal issue presented in Wimberly v. Gulf Production Co.?

The legal lissue is if a property owner is liable for the health and safety of one who is trespassing upon their property.

What was the legal issue presented in Heart of Atlanta Motel v. United States?

The legal lissue is the constitutionality of the Civil Rights act, and if Congress, under the Commerce Clause, has the power to remove any obstructions and restraints to travel.

What was the legal issue presented in Zysk v. Zysk?

The legal lissue is whether participation in the crime of fornication bars recovery for injuries resulting from that criminal act.

What is Standing to Sue?

The legal requirement that an individual must have a sufficient stake in a controversy before he or she can bring a lawsuit.

What is Natural Law?

The oldest school of legal thought, based on the belief that the legal system should reflect universal ("higher") moral and ethical principles that are inherent in human nature.

What are the nature of requirements for standing to sue and the 2 elements that accompany it?

The party bringing the lawsuit must have suffered a harm, or have been threatened by a harm, as a result of the action which she or he has complained. Additionally, the controversy at issue must be justifiable controversy - a controversy that is real and substantial, as opposed to hypothetical or academic.

What is an Appellant?

The petitioner, the one who files for an appeal

What is a Complaint?

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant and seeking relief. When filed with a court, it initiaties the lawsuit

What is Judicial Review?

The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch.

What is an Appellee?

The respondent. Think of this as being the defendant in a trial case.

What is Jurisprudence?

The science or philosophy of law

What is deposition?

The testimony of a party to a lawsuit or a witness taken under oath before a trial.

What is Legal Positivism?

There is no such thing as natural law or human rights—everything is judged by the nation's laws. Laws must be obeyed, even if they are unjust, to prevent anarchy. A judge with positivist leanings probably would be more inclined to defer to an existing law than would a judge who adheres to the natural law.

What are the names of the courts in the federal court system?

Under a three-tiered model consisting of 1. U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction 2. U.S. courts of appeals (intermediate courts of appeals and also called the U.S. circuit courts of appeals) 3. The U.S. Supreme court

What is the Nature of Common Law according to Bentham & Cardozo? *See Going to the Dogs pg. 2 for reference

Waiting until a man has committed an act, and then evaluating from history (precedent & uniformity) and comparing that to current state of equity & fairness, to arrive at the ruling outcome of said act. *I tried fitting an entire page of wordy sentences into one. I recommend reading over this right before the exam to get a better grasp of it.

What is concurring opinions?

When a majority of the judges agree with the decision that was made.