BLAW Exam 1

Natural law

Adherents believe a higher or universal law exists that applies to all humanity, and all written laws should imitate these principles. Laws contrary to these beliefs are considered unjust and need not be obeyed

Possible actions of reviewing court

Affirm- no reversible error, decision stands Reverse- reversible error, decision is reversed Remand- error that requires further proceedings Modify- change ruling of lower court

Defendants

Alleged to have violated some right of the plaintiff Party named in the suit for recovery

Defendant's answer

Defendant's chance to respond to the allegations in plaintiffs complaint

Process of Judicial Review

Determine whether error was made Transcript is reviewed All other evidence is reviewed Parties submit written briefs to summarize the evidence and issues Oral arguments may be made before panel of judges

Federal district court

General trial court of the federal system Subject matter jurisdiction when US is a party, Federal question, Diversity of citizenship One issue that arises is what law will be applied to the case

the supremacy clause

In case where state law conflicts with Federal Law, the Federal law is supreme and state law is invalid

Departures from precedent

In cases of first impression, a court may refer to positive law, public policy, or widely held social values to craft the decision

Plaintiff

Initiate the lawsuit Called petitioners in some cases

Legal realism

Law is not simply the written law, but a product of the views of judicial decision makers, as well as social, economic, and contextual influences

Legal positivism

Law is the supreme will of the state and must be abided. Law and therefore rights and ethics, are not universal. Whether a law is good or bad is irrelevant

Alternative dispute resolution

Mediation and Arbitration

Ethics

Normative standards, generally accepted rules of conduct that govern society

Trial courts

Place where case begins Jury hears cases and decides disputed issues of fact single judge presides over case

Case file formatting

Plaintiff v. Defendant, court where case was heard, (year of decision)

Appellate court

Review actions of trial court Usually have published opinions for uniformity and consistency No trials held- panel of judges hears case

State Court Systems

State supreme courts State court of appeals General trial courts lesser courts

Lawyers

Those who act as advocates for plaintiffs and defendants Have fiduciary relationship with clients Represent client and see that procedures are followed Privilege exists with client

Federal Court system

US Supreme Court US Court of Appeals Federal District Courts plus a number of specialty courts

tort

a duty we owe to the victim can be intentional or unintentional

Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that: a. the case is being heard for the first time. b. the court does not have concurrent jurisdiction. c. the court has standing. d. the court has venue

a. the case is being heard for the first time.

Requests for production

any records, statements, photos, contracts, memos, etc. that are relevant to the case

To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is a. a cross-examination b. a deposition. c. an imposition. d. an interrogatory.

b. a deposition

Peak & Vale Accountants provides other firms with accounting services. Questions of what is ethical involve the extent to which Peak & Vale has: a. a legal duty beyond those duties mandated by ethics. b. an ethical duty beyond those duties mandated by law. c. any duty beyond those mandated by both ethics and the law. d. any duty when it is uncertain whether a legal duty exists.

b. a ethical duty beyond those duties

As a judge, Potter applies common law rules. These Rules develop from: a. administrative regulations b. court decisions c. federal and state statues d. proposed uniform laws

b. court decisions

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to: a. a U.S. district court. b. the Minnesota Supreme Court. c. the United States Supreme Court. d. the U.S. Court of Appeals for the Eighth Circuit.

b. the Minnesota supreme court

Mariah works in the public relations department of New Trends Sales Company. Her job includes portraying New Trends's activities in their best light. In this context, ethics consist of: a. a different set of principles from those that apply to other activities b. the same moral principles that apply to non-business activities. c. those principles that produce the most favorable financial outcome. d. whatever saves New Trends's "face."

b. the same moral principles that apply to non-business activities.

Burden of proof in Criminal cases

beyond a reasonable doubt

Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by: a. all courts b. courts of lower rank only c. that court and courts of lower rank d. that court only

c. that court and courts of lower rank

Statutory law

congress is in charge of passing laws. Federal, state, ordinances, Uniform commercial code

Criminal Law

defines an individual's obligation to society as a whole

Civil Law

defines the rights between individuals and individuals as well as individuals and governments.

Administrative law

federal agencies, state and local agencies. FBI, IRS, DMV, etc.

Plaintiffs complaint

first document served in a lawsuit documents what happened and what the plaintiff is seeking

writs of certioari

four of the nine supreme court justices must decide to review the case

Case Law

governs all areas of law not covered by statutory or administrative law

Constitution

highest level of law, both federal and state

Equity

is beyond law. Looks at notions of fairness and justice

In personam jurisdiction

jurisdiction over the parties in a case Property ownership in the state Volunteer- parties agree to it Presence in the state long arm statute

Subject Matter jurisdiction

jurisdiction over the subject matter of the case

Venue

location of court

Remedy

means given to a party to enforce a right or compensate for the violation of the right

the commerce clause

power to regulate interstate comerce defined in Gibons v. Ogden; activities that substantially affect interstate commerce

Burden of proof in Civil cases

preponderance of the evidence

voir dire

process by which a potential juror is selected

Discovery

process by which parties obtain information from the opposing party prior to trial

Depositions

sworn testimony recorded and transcribed by court reporter

Jurisdiction

the authority of a court to hear a case. Two types- Subject matter and In personam

Stare Decisis

to stand on decided cases it is judge-made law

Pretrial conference

very short informal conference with judge, lays out views on the case

Jury selection

voir dire Jurors can be dismissed peremptorily or for cause

Interrogatories

written questions under oath, usually occur before deposition