Exam 1 Flashcards
Misinformation vs. Disinformation
Disinformation has the intent to mislead you to think something, while misinformation is unintentional.
Local Ordinances
State laws or laws by local authorities
- Abortion laws (Dobbs decision)
- Divorce laws
- Curfews
- Marijuana
Precident
What has been decided in past court decisions will carry over to the next similar court decision to stay consistent with the law
Judicial Review
When a court makes a legislative act to say something is unconstitutional
Criminal Law
Wrong committed against society.
- In federal, requires general attorney
- In state, requires district attorney
Courts of Law
$ damage
Courts of Equity
Injunction
- Ten Commandments in school
- Uniform laws
- Restraining Orders
Substantive Law
Creates and defines legal law
Procedural Law
How a course works its way through a system
Service of Process
Due Process
Civil Law
Enforcement of private or public rights
- Suing corporations for making a defective product
Burden of proof
Standard of evidence that a litigate must provide to prove their case
Example of a case that is criminal law and civil law?
DUIs
Statute of Limitations
Time Limits
In LA, how much time do you have to file a lawsuit after a car accident
One year
Predictability/Precedent
Rulings made on higher courts can and will be used as precedent onto lower courts
Brown vs. Board
Overturning “separate but equal”
- Deemed unconstitutional
- 9-0 majority vote
Dobbs vs Jackson
Sent abortion laws authority to states instead of federal
- 5-4 ruling to overturn
Plaintiff vs. Defendant
Plaintiff is the one who initiates the lawsuit and is responsible for burden of proof. Defendant is defending himself from plaintiff and plaintiff’s claims
Civil Law Tradition
emphasizes on “Codes”
- Comes from Spain, France
- Law in LA also derives from this
Sharia law
religion and law are tied together
- prevalent to the Quran in the middle east
Trial Court
Plaintiff vs. Defendant
- Decided on Facts and the Law
Appellant vs. Appellee
An appellant is trying to appell the ruling of a courts decision vs the appellee.
- 3 judge panels
Majority vs. Dissenting
More voted side is majority.
Less voted side is dissenting.
Supreme Judges
Appointed by president
- No age limits
- No competency tests
Writ of Certiorari
Request for a case to move up to a higher court, either state or federal Supreme Court
State Supreme Court judges
7 judges in LA
- Serve for 10 years and can be reelected
LA Circuit Courts of Appeal
Deals with appeals from district court decisions.
- 3 judge panels
- Court will affirm or reverse trial court decision
- Litigants have one right of appeal in state
LA State District Court
Workhorse of State Courts
- trial court for disputes
- Testimony, evidence, witnesses, documents all admitted here,
- Primary entrance to legal system for most cases
- judge or jury
How many judges on supreme courts?
9
US Circuit Courts of Appeal
Has the same powers and purpose as state circuit courts of appeal but for federal matters.
- 11 circuits
- LA is in the 5th circuit and the court is located in NOLA
US district courts
Lafayette is in western LA district region and courthouse in in downtown
Personal Injury case
Negotiation to settle can continue throughout any part of the case
Being sued is not the same thing as being held liable
If a plaintiff I successful in suing for $5,000, then you are liable $5,000 to pay for the plaintiff’s injury or whatever
Judicial review
Courts power to determine whether laws enacted by congress or regulations enacted by the executive branch or administrative agencies are constitutional/ and if state laws are constitutional
Cornerstone of the law
Precedent
Litigation
Cost of doing business
- Court is very expensive
- almost always payed by litigant
Negotiation and/or mediation
Can be ongoing even if a lawsuit has been filed
Judicial method vs Alternative method of resolving disputes (ADR)
Judicial method is normal expensive and time consuming process through judicial system
- ADR is less formalized way to resolve involving negotiation, mediation, and/or arbitration
Judicial Requirements (3)
1) Jurisdiction - WHAT court can hear a case and decide the issue
2) Venue - WHERE will the case take place (which district court)
3) Standing to Sue - WHO can bring a claim
Jurisdiction
Authority of a court to even hear a case
Long Arm Jurisdiction
Pulls a resident out of state that was involved in a crime back to the state/parish where the crime was committed for court
Long Arm Jurisdiction requirements
Minimum Contacts
What cases go to state and which go to federal?
Disputes over jurisdiction or matter go to states, but debates over jurisdiction rules or the law go to federal district court
Jurisdiction of Federal Courts (2)
- Federal Question Jurisdiction
- diversity of Citizenship Jurisdiction (has to deal with at least $75,000 to make it to federal courts district)
Controversy/hypothetical law about a law
Someone has to be harmed by the way things are
- controversy has to be real, not potential
- ex. Same sex marriage
Judicial Resolution three main phases (3)
- Pleadings Phase
- Discovery Phase
- Trial Phase
Pleadings Phase
- Plaintiff filing complaint
- Defendant response
- Plaintiff respond to counterclaims
Discoveries Phase
- Written questions
- Evidence, testimonies, and witnesses
- Signing under oath
- Expert witnesses ( doctors, therapists, engineers paid money to speak on the topic)
Subpoena Duces Tecum
Request for party and/or non-party to bring certified documents
Trial Phase
- Voir Dire (process to determine impartial jurors)
- Both state cases
- Closing Arguments
- Jury discusses and decides verdict
