Chapter One Flashcards
what are the functions of Law
- keep the peace (criminal laws)
- Shape moral standards (discourage drugs and alcohol abuse)
- Promote social justice (Promote social justice)
- Maintain the status quo (provent forceful overthrow of government)
- facilitate orderly change or planning(zoning/ building codes
- provide a basis for compromise. (90-95% of law suits settle before going to court)
- Maximize individual freedom.(freedom of speech freedom of religion)
what percentage of law suits are settled before they go to court?
90-95%
What does the case Plessy v. Ferguson deal with?
Separate but equal law upheld
What does the case Brown v. Board of education deal with?
reversed prior precedence and held that separate but equal doctrine violated the equal protection clause.
What does the legislative branch have power to do?
Has the power to enact (make) laws
What does the executive branch have power to do?
Enforce laws
what does the judicial branch have power to do?
power to interpret and determine the validity of the law
What is precedents?
an example or guide to be considered in subsequent similar circumstances known as “Stare decisis”
What is Stare Decisis
the doctrine of following precedents
What is priority of law?
who has trump power: federal law trumps state law.
What is quasi rem jurisdiction?
allows a plaintiff who obtains a judgement in one state to try to collect the judgement in another state
What is “Full Faith” and “Credit Clause”
a judgment of a court of one state must be given full faith and credit by the courts of another state.
What is Litigation
the process of brining, maintaining, and defending a lawsuit
what are the steps in Litigation?
Pleading, Intervention, Consolidation, Statute of Limitations
What are the 4 steps of a “Plead”?
- Complaint
- Answer
- Cross-complaint
- Reply
