Blaw Flashcards
Federal judges
Nominated by pres lifetime appointment job security makes them independent
Fed court system
Fed district court
Us court of appeals
Us Supreme Court
Fed district
Original jurisdiction
Use juries or judge
Us court appeals
3 judge panels deal in issues of law and review most decisions
Specialized federal courts
Trademarks
Any state law which affects interstate commerce must be
Rationally related to a legitimate state concern and the burden in interstate commerce must be outweighed by the benefit to state interest
First amendment
Church and state seperation
A 4
Unreasonable search and seizure
A 5
Cannot be a witness against ones self
A 10
States get powers not delegated by the constitution
A14
Due process of the law
Necessary and proper clause
Power to make all laws which shall be necessary and proper
Commerce clause
Congress has powers to regulate commerce with foreign nations
Bill of rights
List of limits on government power
Key functions of legal system
Improve social stability
Conflict res
Reflect social norms
Sources of law in the us
Constitution
Legislature
Administrative agency and regs
Judiciary and common law
Classifications of law
Public private
Civil and criminal
Substantive and procedural
Basic trial procedures
Pleading Discovery Per trial Trial Appellate Enforcement
Remedies in civil litigation
Equitable remedies
Monetary damages
Appellate stage
Is an appeal based on error of law
Alternative dispute resolution
Arbitration negotiation mediation other
Arbitration
Binding
Mediator
Non binding
Negotiation settlement
Settles matter between themselves
