exam 1 Flashcards
equal protection/ 14 amendment tests (3)
1)strict scruntiny - compellig government interest 2)intermediate scruntiny- gener/bastard 3) rational-basis - legitmate governemnt intrest
federal jurisdiction only
admiralty, bankruptcy, federal crime, state vs state, against USA, federal patent, trademark, and copyright (there are state versions), and other claims involving federal statutes that specify exculsive federal jurisdiction
state jurisdiction only
all other cases
concurrent authority
federal question cases and diversity of citizenship cases
state court system
County-> circuit-> district court of appeals -> State supreme court
federal court system
US District courts -> intermediate court of appeals -> US supreme court
commerclause locations
article 1 section 8
stater decisis
consistancy/ bound by precedent
golden rule
do unto other as they do to you
universalization
consider what the world would be like if everyone acted that way
stake holders
group affected by firm’s decisions
personal jurisdiction
geography
subject-matter jurisdiction
power to hear specific types of cases
federal question
violation of right/ question of law
diversity of citizenship
citizens in lawsuit from different states and concerns amount over 75,000
standing
right to sue
ripeness
(too early to sue ) issue is not ready yet
moot
issure is over with (too late to sue)
pleading
complaint filed
service of process
summons and copy of complaint
defendants response
anwers and counterclaim
plaintiffs response to counter claim
reply
answers
without knowledge (treated like deny) deny aand admit
discovery tools
interrogatories, request to produce documents, deposition, request for admissions(deemed to be admitted if not responsed to) , and supenia
pretrial conference
status check
voir dire
process of selecting a jury
number of jurors
regular = 6 // capital or enmenit domain = 12
two strikes
1) premptory challenges - no reason given 2) “for cause” challenge - biases from people on jury
opening statement
is not evidence
witnesses give
testimony
direct examination
plaintiffs attorney question the witness
cros examination
opposing counsel
redirect examination
plaintiff repairs damage done by cross examination
recross examination
question the redirect
nonbinding
mediation and minitrial
binding
arbitration
where did judicial review come from
marbary v madison
where do laws come from
constitution, other cases, and statutes
1st amendment
freedom of religion, press, speech, and assembly, and redress grivences
2nd amendment
bear arms
3rd amendment
quarter soldiers
4th amendment
protects from unreasonable search and seisure, warrants need probable cause
5 amendment
citizens on trial by government get grand jury, not to testify against themselves, double jeopardy, due process, just compenstation,
6th amendement
speedy trial with imparital jury, right to attorney, right to know charges, right to face witnesses
7th amendment
trial by jury for over $20
8th amendment
no excessive bail, no excessive fines, no cruel and unusual punishment,
9th amendment
still have other rights
10th amendment
powers that constitution doesn_t give to federal government are reserved to the states
defamation
liable and slander
unprotected speech
defamation, obsinity, danger to the public
liable
written
slander
oral
obsinity
miller test 1)applying comtemporary standards does it appeal to excessive sexual affairs? 2) depict patently offensive, sexual conduct specifically defined by law? 3)lack serious literary, artistic, political, or scientific value? Answer to all 3 has to yes for unprotection
search warrant
needs proabable cause
substantive due process
fairness
procedural due process
rules
taking clause
in 5 amendment and states “just compenstation” is needed
executive powers come from
article 2
legislative powers come from
article 1
judicial powers come from
article 3
