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BL 3305 > EXAM 1 > Flashcards

EXAM 1 Flashcards

1
Q

3 Primary Functions of Law

A

Maintain stability, Protect private property, preservation of state

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2
Q

Stare Decisis

A

the legal principle of determining points in litigation according to precedent, “to stand by the decisions”

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3
Q

Litigation

A

“legal action”

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4
Q

State Court System (low to high)

A
  1. Inferior Trial Courts
  2. State (District) Courts
  3. State Intermediate Court of Appeals
  4. State SC
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5
Q

Federal Court System (low to high)

A
  1. US District Courts
  2. US Intermediate Court of Appeals (Circuits)
  3. US SC
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6
Q

What circuit is CA in?

A

9th

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7
Q

What circuit is TX in?

A

5th

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8
Q

Right Definition

A

Capacity of a person and law to require another person to perform/not perform a certain act

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9
Q

Duty Definition

A

Obligation imposed by law upon a person to perform/not perform a certain act

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10
Q

Constitutional Law

A

Adopted by each govt entity

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11
Q

Legislative Law is enacted by:

A

Elected officials

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12
Q

4 Types of Legislative Law:

A

Statutes, Treaties, Executive Orders, Local Government

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13
Q

Statutes Definition:

A

Formal written law

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14
Q

Who creates Administrative Law?

A

Government Agencies

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15
Q

Common Law deals with:

A

Civil Disputes

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16
Q

Common Law must be ___________ and ___________

A

Stable, Predictable

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17
Q

When must a court follow precedent?

A

Lane, Same System (or highest in other)

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18
Q

Judicial Restraint

A

USSC must follow USSC, free from personal beliefs

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19
Q

Jurisdiction:

A

Authority to make a binding decision on parties involved

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20
Q

2 Pre-Reqs for Jurisdiction:

A

Subject Matter AND Over the Parties

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21
Q

4 Exclusive Federal Examples:

A

Bankruptcy, Federal Crimes, Trademarks, Lawsuit vs. US

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22
Q

Concurrent

A

State and Federal Systems have jurisdiction to hear the case

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23
Q

Individual vs Entity

A

1 state/country vs 1+ state/country

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24
Q

Principal place of business for _________________ is their entity

A

Corporations

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25
Q

To have diversity:

A

Citizenship AND >$75,000

26
Q

☆☆☆ PROCESS TO FIND JURISDICTION ☆☆☆

A

Subject Matter
1. Federal Exclusive?
2. Concurrent
i. federal question
ii. diversity
3. State Exclusive?

In Personam
1. “Resident”
2. Agreement
3. Long Arm Statute (“minimum contacts”)

27
Q

In Personam Jurisdiction

A

Over person/entity

28
Q

In Rem Jurisdiction

A

Over property in the state

29
Q

Quasi in Rem Jurisdiction

A

Attachment

30
Q

4 Steps in Litigation Process:

A
  1. Pleadings
  2. Pre-Trial Procedure
  3. Trial
  4. Post-Trial, Appeal
31
Q

Question of Law example:

A

Will _________ be presented to the Jury?

32
Q

Question of Fact example:

A

Was it raining?

33
Q

QoLaw decided by _______ at ____________________

A

Judge, Trial and Appeals Court

34
Q

QoFact decided by __________ at ____________________

A

Finder of Fact, Trial Court

35
Q

2 Types of Alternate Dispute Resolutions:

A

Arbitration (binding), Mediation (non-binding)

36
Q

Who owns communications?

A

the client

37
Q

Waiver means info is:

A

Disclosed to a 3rd party

38
Q

Privileged Communications:

A

Between attorney and client concerning legal advice

39
Q

Work Product Communications:

A

Between attorney and client in anticipation of litigation

40
Q

Statute of Limitations:

A

Lawsuit must be filed within a certain period of time

41
Q

Federalism (C)

A

Constitution gives enumerated powers to federal govt

42
Q

Supremacy Clause (C)

A

Valid Federal Law > Conflicting State Law

43
Q

Preemption (C)

A

Partial (enforceable), Wholly (invalid)

44
Q

Judicial Review (C)

A

Verifies constitutionality

45
Q

State Action (C)

A

Non-govt individuals infringing on constitutional rights

46
Q

Entity rights are __________ individual rights

A

less than

47
Q

Resident vs Citizen

A

Resident is ONE place, Citizen is MULTIPLE

48
Q

Govt can violate fundamental right if there is a ____________________

A

VALID REASON

49
Q

Rational Relationship

A

Easy for Govt to violate

50
Q

Strict Scrutiny

A

Hard for Govt to violate

51
Q

Intermediate

A

Kinda Hard for Govt to violate

52
Q

Commerce Clause

A

Federal Govt has broad and exclusive power to regulate commerce

53
Q

Interstate

A

Between states

54
Q

Intrastate

A

Within a state

55
Q

Eminent Domain

A

Could take private property if they pay “just compensation”, notice, and opportunity to be heard

56
Q

Example of Administrative law

A

Agencies given power by Congress

57
Q

3 Enabling Statute Powers:

A

Rulemaking, Investigation/Enforcement, Adjudication of Controversies

58
Q

3 Types of Rulemaking

A

Legislative (enforceable), Interpretive (guidance), Procedural (Process necessary to enact a rule)

59
Q

5 Steps for APA Rule-Making Process:

A
  1. Rule developed
  2. Notice
  3. Hearing
  4. Agency Votes
  5. Publish Final Draft
60
Q

How many days for a rule to go into effect?

A

30 days

BL 3305 (8 decks)

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