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BLAW 255 > Ch1-Ch3 > Flashcards

Ch1-Ch3 Flashcards

1
Q

What is the US law based on

A

English common law

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2
Q

list sources of US law

A

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

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3
Q

List function of the law

A

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

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4
Q

What did Brown vs Board of Education overturn

A

“separate but equal” plessy vs fergeson

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5
Q

Natural Jurisprudential thought

A

based on morals

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6
Q

Historical jurisprudential thought

A

based on social traditions, creates precedent and looks to precedent

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7
Q

Analytical jurisprudential thought

A

law shape by logic, doesnt use precedent

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8
Q

Sociological jurisprudential thought

A

law shapes sociological behavior, unlikely to use precedents

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9
Q

Command jurisprudential thought

A

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

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10
Q

Critical jurisprudential thought

A

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

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11
Q

English Common Law

A

judge’s opinions would become precedent for later cases

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12
Q

Law court

A

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

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13
Q

chancery (equity) court

A

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

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14
Q

merchant court

A

merchants in europe developed rules to settle commercial disputes

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15
Q

US constitution

A

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

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16
Q

Treaties

A

international “laws” apart of the supreme law of land

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17
Q

list from highest to lowest the law priority

A
  1. US constitution
  2. federal statutes
  3. state constitutions
  4. local laws
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18
Q

Federal statutes

A

written by congress (criminal, civil, environmental)

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19
Q

State statutes

A

written by state laws (criminal, civil, environmental)

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20
Q

ordinances

A

local laws made by town councils

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21
Q

executive order

A

issued by president/governor

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22
Q

judicial decision

A

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

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23
Q

Preemption doctrine

A

the concept of federal law “preempting” state law

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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.

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25
Benefit of the doctrine of state decisis
makes the court system more efficient and the law more predictable
26
persuasive authorities
using a court case that is outside of the jurisdiction of the current case (pulling a court case from WY for an LA case)
27
binding authorities
using a court case that is within the jurisdiction of the current case (pulling a court case from LA for an LA case)
28
Players within the court system
plaintiff, defendant, appellant, appellee
29
plaintiff
the one who filed the lawsuit
30
defendant
the one against whom the lawsuit was filed
31
appellant
who appeals the trial court decision
32
appellee
the one who must answer the appeal made by the appellant
33
litigation
process of maintain and processing a lawsuit
34
Limited jurisdiction trial court
handles misdemeanors, some civil cases, appeals to the general (district) court. (Example: ruston city court)
35
General (district) trial court
handles criminal and civil cases, "courts of record", include a judge or jury
36
Intermediate Appellate Courts (COA)
hear appeals from other courts, no new evidence or testimonies are allowed, they review the appeals for errors
37
Supreme courts
highest state courts, can hear appeals from the COA, allows no new evidence or testimonies
38
Article III
gives the federal government power "one supreme court"
39
special courts
US tax court, Court of international trade, US Bankruptcy
40
US Tax court
covers federal tax law claims and cases against the US
41
Court of international trade
covers civil cases that involve customs and trade
42
US bankruptcy
covers bankruptcy cases
43
US District Court
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
Courts of Appeal (COA)
contains 13 circuits. first 12 being geographical
45
COA 13th circuit
located in DC. Reviews decisions of special federal courts, claims courts, patents/trademarks, and international trade
46
Courts of appeal benefits
provides uniformity in the law
47
US supreme court
contains 9 justices nominated by the president. Hears appeals from the 13th circuits and allows no new evidence or testimonies
48
Steps to appear before the supreme court
1. file a petition or certiorari "cert" 2. Then the court issues a writ of certiorari to be fully informed
49
Opinions within the US supreme court
unanimous, majority, plurality, tie, concurring, dissenting
50
Unanimous opinion
(9-0) all 9 justices agree on outcome and reasoning and case becomes precedent
51
Majority opinion
(5-4) majority agree on outcome and reasoning and case becomes precedent
52
Plurality
(5-4) majority agree on outcome but not reasoning. Settles case but does not become precedent
53
Tie opinion
(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
concurring
issued by justice(s) who agree with the outcome by not the reasoning
55
dissenting
issued by justice(s) who voted against majority to explain their reasons why
56
requirements of federal court cases
any case with federal question or diversity of citizenship
57
diversity of citizenship
litigants must by citizens of different states, foreign countries or corporations. The amount in controversy must exceed $75,000
58
exclusive jurisdiction
federal court has jurisdiction over bankruptcy, patents, suits against the US, federal criminal statutes
59
Concurrent Jurisdiction
both state and federal court can hear the case
60
Removal
used by deep pocket defendant to take a case to federal court
61
standing to sue
the plaintiff has a stake in the outcome of a lawsuit
62
in persona
jurisdiction "over the person"; judgement against the person (money)
63
in rem
jurisdiction "over the property" judgement against the persons property (car)
64
venue
where the lawsuit will be filed or a case will be heard
65
jurisdiction
the court that has power to actually hear the case

BLAW 255 (1 decks)

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