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Krissa hearing prep > Basic Legal Concepts > Flashcards

Basic Legal Concepts Flashcards

1
Q

Diversity jurisdiction

A

$75K and different states

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2
Q

Summary Judgement Standard (Rule 56)

A

No material disputes of fact; case can be decided as a matter of law.

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3
Q

Ninth Amendment

A

The people retain all rights not enumerated in the constitution

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4
Q

Tenth Amendment

A

Those powers not given to the federal government remain with the states or the people.

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5
Q

Seventh Amendment

A

Codifies the right to jury trial in civil cases

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6
Q

Third Amendment

A

No quartering of soldiers without consent

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7
Q

Where does standing requirement come from?

A

Article III cases and controversies rule

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8
Q

Where does venue requirement come from?

A

Article III venue provision and statutes congress enacted

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9
Q

Areas where originalism has been applied

A

Second Amendment (Heller, Bruen)
Confrontation Clause (Crawford)
Establishment Clause (1A) (recognized in Kennedy)

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10
Q

Judicial Activism

A

Where a judge decides a case based on
1. Personal preferences or
2. Issues beyond the scope of the case
Neither is appropriate

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11
Q

Formulation of strict scrutiny

A

Is the law narrowly tailored to achieve a compelling governmental interest?

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12
Q

Formulation of intermediate scrutiny

A

Is the law substantially related to the achievement of an important governmental interest?

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13
Q

Religious Freedom Restoration Act

A

Prohibits federal government from taking action that substantially burdens the exercise of religion - even in a law of general application - unless it is the least restrictive means of serving a compelling government interest.

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14
Q

1st Amendment Free Exercise Clause

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

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15
Q

Contexts in which strict scrutiny is applied

A
  • burdens on free exercise of religion (1A) where a law is not neutral and generally applicable (or context shows motivated by religious animus)
  • burdens on free speech (1A)
  • discrimination based on suspect classes (race, alienage, national origin, religion) under equal protection clause of the 14th Amendment.
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16
Q

Situations where strict liability applies

A

Strict liability is where a defendant may be liable without a showing of mens rea - where consequences of an action are so grave we want to discourage entirely. Products liability, animal bites, ultra hazardous activities.

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17
Q

Article I of the Constitution

A

Establishes Congress, power of taxation

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18
Q

Article II of the constitution

A

Establishes the Executive Branch, gives President the treaty power and includes take-care clause.

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19
Q

Article III of the constitution

A

Establishes the judicial branch, includes cases or controversies requirement

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20
Q

Article IV of the Constitution

A

Establishes federalism - states must give full faith and credit to the acts of other states and federal government.

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21
Q

Article V of the Constitution

A

Gives method for adopting amendments, including 3/4 of state legislatures ratifying or 2/3 of states proposing.

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22
Q

Article VI of the Constitution

A

Supremacy Clause (also Establishes validity of all debts against the United States)

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23
Q

Article VII of the Constitution

A

Makes the Constitution effective on ratification of the nine states

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24
Q

Dormant Commerce Clause

A

Limits states’ authority to enact legislation that may impact interstate commerce even though the commerce clause only technically gives Congress the power to pass federal laws.

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25
Q

Originalism

A

Looking to the general public understanding at the time of enactment

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26
Q

Fed. R. Civ. P. 65

A

Provides for the issuance of injunctions and temporary restraining orders

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27
Q

Stay vs. injunction

A

A stay preserves the judicial status quo, whereas an injunction is an order compelling a person to carry out, or refrain from carrying out, a specific action.

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28
Q

Political Question Doctrine

A

The theory that a court should decline to act when a charged question is pending before a legislative body.

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29
Q

Pullman Abstention

A

Where a federal court abstains from deciding a question because it turns on state law and the state courts need to be given a chance to decide it.

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30
Q

Younger abstention

A

Where federal courts abstain from deciding a case where its decision may impact proceedings that are currently pending in state court.

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31
Q

Burford Abstention

A

Where federal courts defer to state courts to resolve state agency questions.

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32
Q

Rooker-Feldman Doctrine

A

While federal courts may review the constitutionality of state-promulgated statutes and rules, they DO NOT review state Supreme Court decisions on them. That power is reserved for the Supreme Court. Do not sit as a kind of super Supreme Court over state court decisions.

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33
Q

Title VII of the Civil Rights Act

A

Employers must accommodate employees’ religious practices unless doing so would impose “undue hardship.”

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34
Q

How has the Supreme Court defined a fundamental right?

A

A right that is so “deeply rooted in our nation’s history and tradition” and “implicit in our conception of ordered liberty” that it should be beyond the reach of the political process. Eg free speech, right to trial by jury. (Washington v. Glucksberg)

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35
Q

Importance of Stare Decisis

A

Keeps law evenhanded, predictable, humble (recognizing the problems of today are not so different from the problems of yesteryear).

36
Q

Factors to consider when overruling precedent

A
  • Workability
  • Quality of reasoning
  • Fit with subsequent legal and factual developments
  • Reliance interests on precedent
    (CJ Roberts, June Medical Services; Janus)
37
Q

Erie Doctrine

A

Federal courts sitting in diversity jurisdiction apply federal rules of civil procedure but state substantive law.

38
Q

Fed. R. Crim. P. 53

A

Prohibits cameras in courtrooms in criminal cases except for specific instances.

39
Q

11th Amendment Immunity/state sovereign immunity

A

Cannot sue a state for damages. Can sue individuals in individual capacities under Ex Parte Young.

40
Q

Judicial Estoppel

A

Doctrine under which a party can’t take an opposite position to one they have already taken in the same or a prior case with the same parties.

41
Q

Equitable Estoppel

A

Prevents a party from taking a position that would be unfair, for example where you give a deadline for bringing a claim and then change it.

42
Q

Areas where intermediate scrutiny is used

A

used in looking at gender-based equal protection challenges and certain rights under the First Amendment

43
Q

Skidmore deference

A

Principle of judicial review yields to agency’s interpretation of a statute according to the agency’s ability to demonstrate persuasive reasoning

44
Q

Article III standing ingredients

A
  1. Concrete harm
  2. Causation
  3. Redressability
45
Q

Mandamus

A

An extraordinary remedy that allows a party to challenge the actions of a judge because they are clearly erroneous under law and cannot be remedied on an appeal from final judgment.

46
Q

How do courts evaluate whether a search is reasonable?

A
  1. Evaluate degree of intrusion on individual’s privacy rights vs. promotion of legitimate gvt interest.
  2. Trespass theory (Jones)
47
Q

Extended border search doctrine requirements

A
  1. Reasonable certainty of recent border crossing
  2. Reasonable suspicion of criminal activity
48
Q

Constitutional avoidance doctrine

A

The doctrine that if there are two equally-plausible readings of a statute, one that raises constitutional concerns and the other that does not, the court will not reach out to decide the question on constitutional grounds.

49
Q

Fed. R. Civ. P. 60

A

Motion for relief from final judgment on certain enumerated grounds, including newly-discovered evidence (3-year time limit) and any other reason justifying relief (“reasonable time” time limit).

50
Q

Purposivism / purposivist approach

A

Interpreting the text of a statute by understanding its purpose or meaning

51
Q

Independent State Legislature Theory

A

A theory (rejected in Moore v. Harper) that state legislatures possess all power to regulate federal elections without oversight from state courts, state legislatures, state constitutions, etc.).

52
Q

Test for unenumerated rights / substantive due process

A
  1. Is it deeply rooted in our nation’s history and tradition; and
  2. Essential to a scheme of ordered liberty.
53
Q

Situations where rational-basis scrutiny applies

A

Right to abortion after Dobbs

54
Q

Formulation of rational basis scrutiny

A

The law/regulation must be sustained if there is a rational basis on which a legislature could think it serves legitimate state interests

55
Q

Collateral estoppel

A

Issue preclusion. Allows a party to prevent opposing party from relitigating an issue that has already been decided.

56
Q

Res judicata

A

Claim preclusion. A claim cannot be relitigated when it has been decided on the merits in a previous proceeding. (Bars a second suit.)

57
Q

Major Questions Doctrine

A

The theory that Congress does not delegate sweeping powers to agencies; requires clear congressional authorization for agency action with major policy impact (West Va. v. EPA; Biden v. Nebraska)

58
Q

False Claims Act

A

Allows a relator to bring a qui tam action to recover funds for the government and share in the money

59
Q

Colorado River Abstention

A

Where a federal court defers to a state court in which the same issue is pending; looks at questions of convenience and adequacy of the forum, and whether property is involved.

60
Q

Heck bar

A

Supreme Court case holding a plaintiff can’t bring a 1983 suit for damages based on a conviction (which implies the invalidity of the conviction) unless the conviction has been set aside.

61
Q

Prudential standing

A

Doctrine by which a party may have Article III standing, but the statute was not designed to cover them

62
Q

Pendant jurisdiction

A

A federal court’s authority to resolve state law claims brought as part of a federal case.

63
Q

Mapp v. Ohio

A

Exclusionary rule

64
Q

Privileges OR immunities clause

A

14th Amendment - protects rights of United States citizens against invasion from the state.

65
Q

Privileges AND immunities clause

A

(Comity clause.) Protects against discrimination by states against an out-of-state citizen.

66
Q

Criteria that lead to a “suspect classification”

A
  • describes a discrete and insular minority
  • immutable characteristic
  • visible characteristic
  • historical treatment
67
Q

Basis for nationwide injunctions

A

Questionable. But people point to the “judicial power” clause of Article III of the constitution.

68
Q

Subject matter jurisdiction

A

The power of a particular court to hear a given case and provide the remedy requested.

69
Q

Procedural due process vs. substantive due process

A

Procedural due process asks whether the government has followed the correct procedures in matters infringing on life, liberty and property. Substantive due process asks whether the government has a sufficient justification for infringing on rights related to life, liberty, or property.

70
Q

15th Amendment

A

The right of US citizens to vote shall not be abridged or denied on account of race, color, previous servitude.

71
Q

Title VI of the Civil Rights Act

A

Prohibits discrimination in any program receiving federal funding (like college admissions at Harvard and UNC)

72
Q

Ways an organization can have standing

A
  1. Suffering an injury in its own right; or
  2. On behalf of its members (organizational standing).
73
Q

Ingredients for organizational/representational standing

A
  1. The members would have standing to sue in their own right
  2. Interests involved in suit are germane to organization’s purpose; and
  3. Nothing about claim or remedy requires individual participation of members.
74
Q

Sixth Amendment

A
  • Right to speedy and public trial
  • Right to counsel in criminal cases.
75
Q

Fed R Civ P 23 requirements

A
  1. Numerosity
  2. Common questions of law or fact
  3. Claims or defenses of representatives are representative of the class
  4. Representatives will fairly and adequately protect the interests of the class.
76
Q

Chevron deference

A

Holds that courts should defer to an agency’s reasonable interpretation of an ambiguous statute.

77
Q

Auer deference

A

Doctrine requiring courts to defer to an agency’s interpretation of its own regulations (limited in Kisor v Wilkie)

78
Q

SEC Rule 10b-5

A

Covers insider trading

79
Q

16th Amendment

A

Gives congress the power to collect income taxes

80
Q

Adequate and independent state ground doctrine

A

The doctrine of the Supreme Court that says when a case presents both a federal ground for decision, but also presents an adequate and independent state ground, the Supreme Court will choose not to take the case. (It’s a certiorari standard.)

81
Q

How many grand jurors are necessary for an indictment?

A

12, in the federal system (with a quorum of 16)

82
Q

Factors in analyzing a Brady motion

A
  1. Is the material in the prosecution’s possession?
  2. Was it withheld?
  3. Was it material? (Exculpatory, and prejudice)
83
Q

When do litigants have a right to a jury trial in civil cases?

A

When the case seeks monetary damages above $20. But there are exceptions, for example under the FTCA (because this is a limited waiver of sovereign immunity).

84
Q

How many people must be on a civil jury?

A

No fewer than six, no more than twelve.

85
Q

Must federal civil juries be unanimous?

A

Yes, unless the parties stipulate otherwise.

86
Q

Fed. R. Civ. P. 48

A

Codifies parameters for federal civil jury trials. Provides:
- Civil juries must have 6-12 members
- Jury verdict must be unanimous unless parties stipulate otherwise (and in any event must be returned by at least 6 members)

Krissa hearing prep (2 decks)

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