Final Flashcards
Substantive Law
Statutory or written law that governs the rights/obligations of everyone within its jurisdiction.
Defines crime. punishment, civil rights, and remedies
Procedural Law
Law that consists of a set of rules that govern the proceedings of a court
Sources of American Law
Constitution (federal and state) - establishes laws in a broad sense
Statutes - laws passed by the legislative branch of the government. Bulk of US laws
Case Law - If a federal law is challenged by a party and they bring a lawsuit, a judge has the power to declare a law constitutional or unconstitutional
Common Law - Legal principles established in England around the 1200’s. A lot of statutes replace common law. Lowkey obsolete.
Regulations - administrative agencies that make rules. They do not have constitutional authority as their power comes from Congress.
Inferior Courts (minor judiciary)
Magistrates. Works in civil and criminal areas. Handles summary offenses. Civil = small claims court
Trial Courts
Aka court of original jurisdiction. Divided into criminal, civil, family, and small orphans court. The loser has the right to appeal. Court reporter present.
Appellate Courts
Intermediate Appeals. Court of review in panels of 3 judges or larger. Commonwealth courts deal with gov. entities and everything else goes to the Superior Court (in PA).
Affirming sends the case back to wherever is deemed appropriate.
Loser can petition the supreme court to hear the case.
Subject Matter Jurisdiction
go to the right court!
In terms of federal subject matter jurisdiction, it must either involve a federal (civil) question or involve diversity of citizenship
Stare Decesis (precedent)
In case law, when a court decides through interpreting statutes in the constitution, that becomes law. When a case comes up that raises the same issue, the court must follow the previously decided law.
Diversity of Citizenship
If the parties are from different states and/or the case involves 75k+ dollars.
Erie Doctrine
(When diversity of citizenship applies to a case that involves a normal state claim). The federal court that is hearing the state claim applies the law of the foreign state. Law of the state where the federal court is located.
Jurisdiction Over the Person (in personam)
The way a court gets jurisdiction over the plaintiff / defendant(s). The court gets jurisdiction over the plaintiff when they file a complaint.
Jurisdiction Over Property (in rem)
When there is a dispute over property, courts have inherent jurisdiction over all property within its borders. When there is a dispute over property, courts can decide without having jurisdiction over the people.
Happens a lot with cars (see L2)
International Shoe v. Washington
The case of the long arm statute
Long Arm Statute
Says it is constitutional if the defendant had minimum contacts with the foreign state. In the statute, the things that are defined as minimum contacts are listed. (pg 148 of textbook?). Required causing harm or conducting business in foreign state. What is not required is that the defendant does not have to reside or own property in the foreign state.
Forum Not Convenience
A doctrine in the law that allows the defendant (in civil cases) to ask a court to transfer the case to another venue because it would be convenient for most of the parties involved in the lawsuit.
Or in the case there is a more convenient venue.
Venue
What district of the court the matter should be heard. Normally the plaintiff makes the decision.
The plaintiff has a choice between where they reside, where the defendant resides, or where the incident occurred
Civil Complaint
Aka initial pleading. Gets a civil action number, lists how much damages the plaintiff is seeking, and lists the attorney of the plaintiff, states the jurisdiction of the court.
Makes the matter public record.
This is where you can request a jury trial.
Service of Process
How the defendant is served.
They receive a summons along with a copy of a court. Summons in this case is just a notice.
Typically contains the address of a local bar association that can give advice.
Generally, a county sheriff can serve it, a processor can serve it, sometimes any adult, or through an alternative service such as sending through mail.
Summons
An order for the defendant to appear in a certain place.
But also can simply mean a notice of being sued.
Preliminary Objections
A motion for a more specific plea or motion to dismiss
Motion for a More Specific Pleading
If the defendant believes the complaint is too broad, they can file this motion.
Some civil cases are complex and this does happen.
Motion to Dismiss (demurrer)
There is some legal basis for this case to be dismissed.
EX: element of a claim missing, not constituting a claim, in violation of statutes of liitation.
Answer
Called a response of pleading.
Must address all allegations, admit/deny the allegations (typically some factual allegations are admitted as true such as location of incident).
If the answer is not filed properly, the allegations will be deemed as admitted.
New Matter
If the defendant wishes to add something to the lawsuit, they can add it to their answer. Something about affirmative defenses,
Counterclaim
When the defendant sues the plaintiff back.
Cross-Claim
If there are multiple defendants, and one defendant wants to sue another defendant.
Reply
Where the plaintiff responds to any new factual matter made by the defendant in their new matter.
Failing to reply has same impact as the defendant not answering allegations from the complaint.
Discovery
A procedure devised to prevent surprises at trial.
Enables each side to discover information in the opponent’s possession.
Able to discover any known facts relevant to the case or could lead to relevant information.
Discoverable + Limitations
Discoverable: identity and locations of persons with knowledge about the case. Existence and location of documents. Expert witness opinions. Any other relevant facts.
Limitations: Privileged info (work product of attorney, attorney/client privilege), irrelevant info, info that would place undue burden/cost on the other side, info sought in bad faith.
Tools of Discovery
Interrogatories, depositions, production of documents/things, physical/medical examinations.
Protective Order
Filed when non discoverable info is sought.
E.g. info protected by attorney/client privilege.
Written Interrogatories
A written set of questions that one party may submit for answering to other parties of the case.
ONLY party to party. Not witnesses.
Depositions
Deponent placed under oath to answer questions.
Can be party to the case, an expert witness, or a witness.
Lawyers, court reporter, and person being deposed are present.
There are opportunities for cross questioning.
Dual purpose of serving in place of witness testimony if witness is absent for trial or impeaching the witness if they change their answers.
Critical to depose plaintiff + defendant.
Can be a video or a transcript.
Motion to Compel Discovery
If one side fails to produce information upon request, the side seeking it can go to the court and inform the court of the request + failure to comply.
If the judge grants it, the other side must follow the court’s order.
Motion for Sanctions
If a side is not producing discovery upon request and ignores the motion to compel, a motion for sanctions is made.
Cannot make without motion to compel.
Motion for Summary Judgement
Each side has the right to file for this.
If the judge has reviewed the full record of the case and finds there is no material issue of fact, the judge can enter into judgement without a jury.
Can sometimes only apply to some of multiple complaints filed by plaintiff.
Voir Dire
The process of finding that prospective jurors are fair and impartial.
Judge will ask some questions, each side can submit questions to be asked. The jury will be informed of potential witnesses to avoid conflicts of interest.
Batson Motion
A juror cannot be excused without reason because of race, gender, religion, etc.
The side filing it must establish a prima facie case that shows a pattern and then the burden shifts to the other to prove a lack of bias.
Motion for Non-Suit (rule 50 motion)
Made after the plaintiff makes their case by the defendant.
Means that even in a light most favorable to the plaintiff, the plaintiff has failed to establish their claim
Motion for Directed Verdict
Can be filed by both sides.
Says that no reasonable jury could find AGAINST the party filing the claim.
Supersedes the jury, quite rare.
Motion for Judgement N.O.V
Whoever gets an adverse verdict from the jury, the loser can still try one more time to win the case by filing a motion with the court by filing a motion for:
Basically tells the judge that the jury got it wrong. And that the judge should reverse the Jury’s decision
Elements of a Contract
- 2 or more competent parties
- An offer
- An acceptance
- Consideration
- Mutual consent/assent
- Proper subject matter
Implied-in-Fact Contract
Contract where terms are manifested by conduct, not words (L4 for example)
Implied-In-Law Contract
Contracts that the law forms to prevent parties from being unjustly enriched. (See L4)
Illusory Contract (illusory agreement)
At first glance, it looks like there is a benefit/detriment to both sides but for some fact that applies to the particular case, there really is not a benefit + a detriment
Unilateral Contract
A promise in exchange for performance. (See L4)
Bilateral Contract
Contract based upon a promise by 1 party in exchange for a promise by another party
2 promises.
Void Contract
Some contracts are void from the outset, when they are made. Never considered a contract under law.
Possibly involving illegal conduct/conduct against public policy, or with individuals declared mentally incompetent via a court.
Voidable Contract
A contract that exists but it may be set aside by one or both parties because of the existence of certain facts
Does not HAVE to be set aside.
Contracts made under duress or with a minor count here.
Consideration
The element of a contract that makes a contract distinguishable from a mere gratuitous promise.
Every contract must have a benefit and a detriment to each of the parties involved. Must be something of value no matter how insignificant.