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BLAW 310 > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Misinformation vs. Disinformation

A

Disinformation has the intent to mislead you to think something, while misinformation is unintentional.

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2
Q

Local Ordinances

A

State laws or laws by local authorities
- Abortion laws (Dobbs decision)
- Divorce laws
- Curfews
- Marijuana

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3
Q

Precident

A

What has been decided in past court decisions will carry over to the next similar court decision to stay consistent with the law

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4
Q

Judicial Review

A

When a court makes a legislative act to say something is unconstitutional

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5
Q

Criminal Law

A

Wrong committed against society.
- In federal, requires general attorney
- In state, requires district attorney

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6
Q

Courts of Law

A

$ damage

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7
Q

Courts of Equity

A

Injunction
- Ten Commandments in school
- Uniform laws
- Restraining Orders

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8
Q

Substantive Law

A

Creates and defines legal law

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9
Q

Procedural Law

A

How a course works its way through a system

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10
Q

Service of Process

A

Due Process

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11
Q

Civil Law

A

Enforcement of private or public rights
- Suing corporations for making a defective product

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12
Q

Burden of proof

A

Standard of evidence that a litigate must provide to prove their case

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13
Q

Example of a case that is criminal law and civil law?

A

DUIs

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14
Q

Statute of Limitations

A

Time Limits

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15
Q

In LA, how much time do you have to file a lawsuit after a car accident

A

One year

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16
Q

Predictability/Precedent

A

Rulings made on higher courts can and will be used as precedent onto lower courts

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17
Q

Brown vs. Board

A

Overturning “separate but equal”
- Deemed unconstitutional
- 9-0 majority vote

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18
Q

Dobbs vs Jackson

A

Sent abortion laws authority to states instead of federal
- 5-4 ruling to overturn

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19
Q

Plaintiff vs. Defendant

A

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

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20
Q

Civil Law Tradition

A

emphasizes on “Codes”
- Comes from Spain, France
- Law in LA also derives from this

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21
Q

Sharia law

A

religion and law are tied together
- prevalent to the Quran in the middle east

22
Q

Trial Court

A

Plaintiff vs. Defendant
- Decided on Facts and the Law

23
Q

Appellant vs. Appellee

A

An appellant is trying to appell the ruling of a courts decision vs the appellee.
- 3 judge panels

24
Q

Majority vs. Dissenting

A

More voted side is majority.
Less voted side is dissenting.

25
Q

Supreme Judges

A

Appointed by president
- No age limits
- No competency tests

26
Q

Writ of Certiorari

A

Request for a case to move up to a higher court, either state or federal Supreme Court

27
Q

State Supreme Court judges

A

7 judges in LA
- Serve for 10 years and can be reelected

28
Q

LA Circuit Courts of Appeal

A

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

29
Q

LA State District Court

A

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

30
Q

How many judges on supreme courts?

A

9

31
Q

US Circuit Courts of Appeal

A

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

32
Q

US district courts

A

Lafayette is in western LA district region and courthouse in in downtown

33
Q

Personal Injury case

A

Negotiation to settle can continue throughout any part of the case

34
Q

Being sued is not the same thing as being held liable

A

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

35
Q

Judicial review

A

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

36
Q

Cornerstone of the law

A

Precedent

37
Q

Litigation

A

Cost of doing business
- Court is very expensive
- almost always payed by litigant

38
Q

Negotiation and/or mediation

A

Can be ongoing even if a lawsuit has been filed

39
Q

Judicial method vs Alternative method of resolving disputes (ADR)

A

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

40
Q

Judicial Requirements (3)

A

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

41
Q

Jurisdiction

A

Authority of a court to even hear a case

42
Q

Long Arm Jurisdiction

A

Pulls a resident out of state that was involved in a crime back to the state/parish where the crime was committed for court

43
Q

Long Arm Jurisdiction requirements

A

Minimum Contacts

44
Q

What cases go to state and which go to federal?

A

Disputes over jurisdiction or matter go to states, but debates over jurisdiction rules or the law go to federal district court

45
Q

Jurisdiction of Federal Courts (2)

A
  • Federal Question Jurisdiction
  • diversity of Citizenship Jurisdiction (has to deal with at least $75,000 to make it to federal courts district)
46
Q

Controversy/hypothetical law about a law

A

Someone has to be harmed by the way things are
- controversy has to be real, not potential
- ex. Same sex marriage

47
Q

Judicial Resolution three main phases (3)

A
  • Pleadings Phase
  • Discovery Phase
  • Trial Phase
48
Q

Pleadings Phase

A
  • Plaintiff filing complaint
  • Defendant response
  • Plaintiff respond to counterclaims
49
Q

Discoveries Phase

A
  • Written questions
  • Evidence, testimonies, and witnesses
  • Signing under oath
  • Expert witnesses ( doctors, therapists, engineers paid money to speak on the topic)
50
Q

Subpoena Duces Tecum

A

Request for party and/or non-party to bring certified documents

51
Q

Trial Phase

A
  • Voir Dire (process to determine impartial jurors)
  • Both state cases
  • Closing Arguments
  • Jury discusses and decides verdict

BLAW 310 (5 decks)

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