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)
