EXAM 1 Flashcards
the body of rules governing individuals and their relationship
Law
list all the types of classification of laws
civil, criminal, substantive and procedural laws
which type of law creates, defines and regulate rights and duties
substantive laws
prescribe the steps for having substantive rights enforced
procedural laws
they define duties, the violation that constitutes a wrong against another person.
civil laws
what is the standard of proof for civil laws
preponderance of evidence
laws that establish duties, the violation that constitutes a wrong against society.
criminal laws
what is the standard of proof for criminal laws
beyond reasonable doubt
A legally enforcable claim that another will do or will not do a given act.
a right
a legal obligation that is owed or due to another’s right and that needs to be satisfied
duty
what is a remedy
the means of enforcing a right, or redressing a wrong.
what is a liability
legal responsibility to another or to society for breaching a duty.
what is natural law
That which God at the time of creation of the nature of man infused into his heart, for his preservation and direction
It is the supreme law of the United States
constitution
what is the purpose of the constitution
to establish framework for the government, to grant power to the government, and put limits on the government’s power.
why does the constitution put limits the power of the governments
to ensure the protection of individual rights
what are the three branches of government
the legislative, the executive and judicial
what is the primary goal of the legislative branch.
to make laws
what is the primary role of the executive branch.
to enforce laws
what is the primary role of the judicial branch.
interpret the law, determine the constitutionality of the law, and apply it to individual cases.
what are the three postive laws
statutory law, administrative law and case law
what are statutory laws
a collection of written laws passed by a state or federal legislature and signed by an executive.
what are administrative laws
rules, regulation and decisions made by administrative agencies
what are case laws
a collection of laws that are made by interpreting and applying existing laws to a specific situation, which sets a legal precedent for future cases. Meaning that other courts are required to follow the precedent when deciding similar cases.
what are common laws and how do they work?
laws based on court decisions rather than written laws. judges used past rulings to decides current cases, which ensures consitency.
what is the difference between case laws and common laws?
Each time a judge makes a decision in a case, that decision, know as case law, can set a precedent. When future cases with similar facts come up, courts will follow those earlier decisions, building the common law system.
what is stare decisis
a principles that means court should follow the precedents set by previous court decisions when ruling on similae cases.
what is the power of judical review?
The authority of courts, particularly the supreme court, that allows the judiciary to invalidate laws or government actions that are found to be in conflict with the Constitution.
who has the judicial review power?
the supreme court
what are the 3 principle purpose of the constitution?
establish framework for government with article I1 section 1, grant power to government article 1 section 8, put limits on government power by the bill of right
what is the commerce clause and where is it found
found in article 1 section 8, the commerce clause gives congress the power to regulate trade between states, with foreign nations, and with native american tribes. it allows the federal government to oversee business activities that affect more than one state.
what is the necassary and proper clause and where is it found?
found in article 1 section 8, the necessary and proper clause gives congress the authority to make any laws that are necessary and proper for carrying our its power. it allows congress to pass laws not specifically listed in the constitution, as long as they help execute its constitutional responsibilities.
what is the supremacy Clause and where is it found ?
found in article IV, the supremacy Clause establishes that the constitution, federal laws, and treties are the supreme law of the land. meaning that if there is conflict between federal law and state law, federal law takes priority.
when does preemption applies?
when federal law overrides or takes precedence over state or local laws. its the application of the supremacy clause.
what is the bill of right ?
the first 10 amendements to the constitution, which were added to protect individual freedoms and limit power of the government.
what does state action requirement means ?
state action requirement means that the constitution’s protections, like the bill of rights, only apply when the government or state is involved in taking action against someone.
explain some of the more important rights in the bill of rights for businesses.
1amendment: Businesses have the right to express opinions, advertise, and engage in political speech without government interference. However, there are limits, such as truth in advertising laws.
4 amendment: The government cannot search a business’s property or seize its documents without a warrant or probable cause.
5 amendment: Businesses cannot be deprived of property or shut down without a fair legal process.
5 amendment: government cannot private property for public use without paying fair compensation.
what is content neutral laws?
laws that regulate how speech is expressed, but not what is being said. In other words, they don’t focus on the message or content itself but on the time, place, and manner in which speech occurs.
what is commercial speech ?
speech that is primarily related to the marketing or advertising of products or services. It’s when businesses communicate with the public to promote a transaction or economic activity. it is protected by the 1st amendement, but its protection is limited compared to other types of speech like political or personal expression.
what is the difference between the roles of trial courts
and those of appellate courts.
trial court is where the case starts. they handle the facts of the case, they listen to evidence, hear witnesses, and decide wht actually happened. Appellate courts review how the law was aookied in the trial court to make sure there was not legal mistakes. they just check if the trial was fair.
what is the difference between the orgininal juridiction
and appellate juridiction.
original jurisdiction is for courts that hear the case first, and appellate jurisdiction is for courts that review decisions made by lower courts.
judicial review
the power of courts to review laws, actions, or decisions made by the government to ensure they follow the constitution.
revirsible error
a mistake made by a trial court that is significant enough to affect the outcome of the case. if an appellate court finds a reversible error, it can reverse the trial court’s decision and either order a new trial or change the outcome.
affirm
when an appellate court affrims a decision, it means they agree with the trial court’s ruling and decide to leave it as it is.
remand
the appellate court sends it back to the trial court for further action. often happens when the appellate court finds an error but believes the trial court should fi it or reconsider the case with new instructions.
reverse
the appellate court disagrees with the trial court’s decision and overturns it. usually happens when the appellate court finds a reversible error.
render
the appellate court makes a final decision itself, rather than sending the case back to the trial court. this happens when the appellate court feels it can fully resolve the case without needing further trials or decisions from a lower court.
what is the basic 3 tiered structure of the federal courts
district courts aka trial courts
courts of appeals aka appellate courts
supreme court
what is the highest court for appellate review of civil cases in texas ?
texas supreme court
what is the highest court for appellate review of criminal in texas ?
texas court of criminal appeals
what does justiciability means?
whether a case is appropriate or suitable for a court to hear and decide.
when is a case justiciable ?
if it involves actual legal disputes that can be resolved by the court, as opposed to hypothetical or advisory questions
wht does standing means ?
a person or a party has legal right to bring a lawsuit to court
what qualifies a person to have a standing ?
must show that they are directly affected by the issues at hand, no just interested in it.
what is jurisdiction?
the court’s legal authority to hear and decide a case. it determines which court can ahndle a specific type of case based on factors like subject matter, the location, or the parties involved.
what is matter jurisdiction?
defines what kinds of cases a court can hanfel based on the subject or nature of the legal issues, like criminal cases, civil disputes…
in persona jurisdiction
determines whether a court has the power to make decisions affecting the personal rights of the parties.
what is federal question ?
based on the U.S. constitution, federal laws, or treaties. if a lawsuit involves a violation of federal law or constitutional rights, it can be heard in federal court, regardless of who the parties are.
what is diversity of citizenship?
when 2 parties are from different states or from a foreign country and the amount of money in dispute is more than $75,000.
what is long-arm statute
law that allows a state court to exercise personal jurisdiction over an individual or business that is located outside the stae as long as the person has a sufficient minimu contacts with the state.
what does venue refer to?
specific geograohic location where a legal case is heard.
what are the basic permissive
venue rule in Texas is
allows plaintiff to file a lawsuit in a country that has logical connection to the case.
who are the key parties to a lawsuit?
the plaintiff and the defendant
who are the parties in an appeal
the appellant which is the party appealing the decision, and the appellee, the party defending the orginal decision.
what is a complaint
a document that initiates a lawsuit by stating the claims against the defendant
what is a summons or citation
a legal document that notifies the defendant that they are beings sued and must respond to the complaint
what is a default judgement?
a ruling in favor of the plaintiff when the defendant fails to respond to the complain
what is a an answer in a lawsuit
the defendnat’s formal written repsonse to the plaintiff’s complaint
what is a counterclaim
a claim made by the defendant against the plaintiff, essentially turning the tables in the lawsuit.
what is a motion to dismiss
a request to the court to dismiss a case, oftehn due to lack of legal ground to continue.
what is a motion for summary judgement?
a request for the court to rule in favor of a party without a full trial, typically beacues there are no disputed facts that need to be examined.
what are depositions in discovery?
a process where witnesses give sowrn, out of court testimony that is recorder for later use in court
what are interrogatories in discovery
written questions sent by one party to another, which must be answered under oath.
what are request for production in discovery?
demand for documents or physical evidence related to the case
what are requests for admission in discovery?
set of statements sent to the opposing party to admit or deny certain facts of the cases.
what is the difference between a bench trial and a jury trial?
a bench trial, the judge decides the facts and the law. in a jury trial, a jury decides the facts, and the judge handles the legal matters.
what is voir dire in jury selection?
the process of questioning potential jurors to determine if they can be fair and impartial.
what are peremptory challenges in jury selection?
the ability to dismiss a certain number of jurors without needing to provide reasons.
what are the main types of alternative disputes resolution (adr)?
negotiation, mediation, and arbitration (private judge outside court).
what is an administrative agancy
a government boyd, part of the executive branch, that creates and enforces regulations based on enabling legislation.
what is the administrative procedures act (apa)
the apa sets procedures that federal angencies must follow, requiring notice, rulemaking, enforcement actions, and adjudication processes to be fair and transparent
what is enabling legislation
the law passed by congress that creates an administrative angency, specifying its name, purposes, function, and powers.
what is the delegation doctrine
it allows congress to delegate some of its lawmaking powers to administrative agencies to implement and enforece specific laws.
what are the 3 functions of administrative agencies
rulemaking
enforcement
adjudication
all within the limits set by congress
what is enforcement by administrative agencies ?
agencies investigating potential legal violations and initiating actions or complaints if they believe the law has been broken
what is rulemaking by administrative agencies
the process by which an agency creates rules that have the force of law. details about a broad law already
what is adjudication in administrative law ?
adjudication is when an administrative law judge hears and decides a case after a complaint is filed, similar to how court operate.
what are legislative rules
substantive rules made by agencies that have force and effect of law, issued through authority delegated by congress
what are interprative rules
how angencies interprets the laws it enforces, providing guidance on the meaning of terms and statutes.
