Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BLAW 255 > Ch1-Ch3 > Flashcards

Ch1-Ch3 Flashcards

1
Q

What is the US law based on

A

English common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

list sources of US law

A

US constitution, federal and state, statutes/ordinances, executive order, judicial decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

List function of the law

A

keep the PEACE, shape MORAL standards, promote SOCIAL JUSTICE, maintain STATUS QUO, maximize individual FREEDOM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What did Brown vs Board of Education overturn

A

“separate but equal” plessy vs fergeson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Natural Jurisprudential thought

A

based on morals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Historical jurisprudential thought

A

based on social traditions, creates precedent and looks to precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Analytical jurisprudential thought

A

law shape by logic, doesnt use precedent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Sociological jurisprudential thought

A

law shapes sociological behavior, unlikely to use precedents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Command jurisprudential thought

A

law developed by the ruling party and changes when the ruling party changes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Critical jurisprudential thought

A

subjective decision making by judges, considered “case by case”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

English Common Law

A

judge’s opinions would become precedent for later cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Law court

A

king appoints loyalist to be judge and the only case remedy was monetary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

chancery (equity) court

A

hear appeals from the law court and came up with equitable remedies. Takes precedent over the law court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

merchant court

A

merchants in europe developed rules to settle commercial disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

US constitution

A

“supreme law of land” any federal or state or local laws that conflict with the us const is invalid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Treaties

A

international “laws” apart of the supreme law of land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

list from highest to lowest the law priority

A
  1. US constitution
  2. federal statutes
  3. state constitutions
  4. local laws
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Federal statutes

A

written by congress (criminal, civil, environmental)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

State statutes

A

written by state laws (criminal, civil, environmental)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

ordinances

A

local laws made by town councils

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

executive order

A

issued by president/governor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

judicial decision

A

federal or state court interprets the constitution of federal or state laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Preemption doctrine

A

the concept of federal law “preempting” state law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Doctrine of state decisis

A

“stand by the decision” past decisions become precedent and lower courts must follow precedent set by higher courts. All courts must follow US Supreme Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Benefit of the doctrine of state decisis

A

makes the court system more efficient and the law more predictable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

persuasive authorities

A

using a court case that is outside of the jurisdiction of the current case (pulling a court case from WY for an LA case)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

binding authorities

A

using a court case that is within the jurisdiction of the current case (pulling a court case from LA for an LA case)

28
Q

Players within the court system

A

plaintiff, defendant, appellant, appellee

29
Q

plaintiff

A

the one who filed the lawsuit

30
Q

defendant

A

the one against whom the lawsuit was filed

31
Q

appellant

A

who appeals the trial court decision

32
Q

appellee

A

the one who must answer the appeal made by the appellant

33
Q

litigation

A

process of maintain and processing a lawsuit

34
Q

Limited jurisdiction trial court

A

handles misdemeanors, some civil cases, appeals to the general (district) court. (Example: ruston city court)

35
Q

General (district) trial court

A

handles criminal and civil cases, “courts of record”, include a judge or jury

36
Q

Intermediate Appellate Courts (COA)

A

hear appeals from other courts, no new evidence or testimonies are allowed, they review the appeals for errors

37
Q

Supreme courts

A

highest state courts, can hear appeals from the COA, allows no new evidence or testimonies

38
Q

Article III

A

gives the federal government power “one supreme court”

39
Q

special courts

A

US tax court, Court of international trade, US Bankruptcy

40
Q

US Tax court

A

covers federal tax law claims and cases against the US

41
Q

Court of international trade

A

covers civil cases that involve customs and trade

42
Q

US bankruptcy

A

covers bankruptcy cases

43
Q

US District Court

A

General federal court including impanel and grand juries, hears motions, covers civil and criminal cases. The US has 1 per state and one for the district of columbia

44
Q

Courts of Appeal (COA)

A

contains 13 circuits. first 12 being geographical

45
Q

COA 13th circuit

A

located in DC. Reviews decisions of special federal courts, claims courts, patents/trademarks, and international trade

46
Q

Courts of appeal benefits

A

provides uniformity in the law

47
Q

US supreme court

A

contains 9 justices nominated by the president. Hears appeals from the 13th circuits and allows no new evidence or testimonies

48
Q

Steps to appear before the supreme court

A
  1. file a petition or certiorari “cert”
  2. Then the court issues a writ of certiorari to be fully informed
49
Q

Opinions within the US supreme court

A

unanimous, majority, plurality, tie, concurring, dissenting

50
Q

Unanimous opinion

A

(9-0) all 9 justices agree on outcome and reasoning and case becomes precedent

51
Q

Majority opinion

A

(5-4) majority agree on outcome and reasoning and case becomes precedent

52
Q

Plurality

A

(5-4) majority agree on outcome but not reasoning. Settles case but does not become precedent

53
Q

Tie opinion

A

(4-4) occurs when not all justices are present due to illness or conflict of interest. In this situation the lower court decision is affirmed

54
Q

concurring

A

issued by justice(s) who agree with the outcome by not the reasoning

55
Q

dissenting

A

issued by justice(s) who voted against majority to explain their reasons why

56
Q

requirements of federal court cases

A

any case with federal question or diversity of citizenship

57
Q

diversity of citizenship

A

litigants must by citizens of different states, foreign countries or corporations. The amount in controversy must exceed $75,000

58
Q

exclusive jurisdiction

A

federal court has jurisdiction over bankruptcy, patents, suits against the US, federal criminal statutes

59
Q

Concurrent Jurisdiction

A

both state and federal court can hear the case

60
Q

Removal

A

used by deep pocket defendant to take a case to federal court

61
Q

standing to sue

A

the plaintiff has a stake in the outcome of a lawsuit

62
Q

in persona

A

jurisdiction “over the person”; judgement against the person (money)

63
Q

in rem

A

jurisdiction “over the property” judgement against the persons property (car)

64
Q

venue

A

where the lawsuit will be filed or a case will be heard

65
Q

jurisdiction

A

the court that has power to actually hear the case

BLAW 255 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions