General Law Flashcards
What was the King’s Court of Common Pleas considered to be?
The Law court; very technical
What was considered the equity court in old times?
Court of Chancery
What is natural law?
Emphasized the individual’s right to make personal choices as long those choices didn’t interfere with another’s right to make personal choices.
What is legal positivism?
Philosophy emphasizing institutional rule of law and distinguishes law from morality. Reflected in the maxim “Hard cases make bad law.”
What is Sociological Jurisprudence?
Philosophy which promotes society’s values as the measuring stick for right and wrong; it evaluates a legal rule by looking at its social effect
what is legal realism
Philosophy which determines what reasonable people would do in a given situation and then sanctions that conduct
What is the difference between Public and Private Law?
Public –> rules involving the relationship of government to society as a whole (Constintutional, administrative, and criminal)
Private –> Rules which involve the relationship of private individuals to each other. (Tort, contract, property)
What is Separation of Powers?
Dividing government powers among the legislative, judicial and executive
The Federal government is one of ______ power
Limited
What is an enabling act?
authorizes an agency to exist and lists the specific areas to be administered by it.
What is quasi-legilastive function?
Refers to a rule-making power exercised by an agency to clarify or explain statutes within its authorized area of expertise.
What is a Quasi-Judicial Function?
When an administrative agency has authority to investigate, enfore and interpret its own rules and regulations.
All Federal Agencies must comply with the _________?
Administrative Procedure Act
Are Uniform Codes, acts or laws required to be adopted in each state?
No, just encouraged
What does the Erie Doctrine say?
THERE IS NO FEDERAL COMMON LAW
The United States Contitution is considered ________?
The supreme law of the land (accoring to Article 6)
What are the 3 functions that the constitution serves?
1) limits the power of the states
2) enumerates the powers granted to the federal governement by the states
3) it guarantees certain fundamental rights to the people of the U.S.
What does the Supremacy Clause of Article 6 do?
Makes state law subordinate to Federal law.
FEDERALISM
What is a state’s police power?
Allows it regulate in any area affecting the general health, safety, and welfare of its citizens.
What does Article 1 do?
Establishes Congress
- impose taxes, borrow $$, regulate INTERSTATE commerce, commerce with foreign countries, control bankruptcy laws, issue currency, appropriate money, punish the counterfeiting of money, establish post offices, control patents and copyrights, create inferior federal courts, declare war, provide for national defense, enacting federal statutes
What are the 3 things in which Article 1 forbids of Congress?
1) Suspend Writ of Habeas Corpus
2) Passing a bill of attainder
3) Ex post facto laws
What does article 2 do?
vests executive power in the President who appoints officers, make treaties with foreign nations, appoint ambassadors, and appoint judges to the supreme court. As a check on the legislative branch the preseident can veto acts of Congress.
What are the Bill of RIghts?
The first 10 amendments to the constitution:
1) Speech
2) bear arms
3) no quartering of soldiers
4) no unreasonable searches or seizures
5) no double jeopardy or self-incrimination; due process of law
6) right of accused to a speedy trial and to assistance of counsel
7) Right to a jury trial in civil cases over $20
8) No excessive bail or fines; no cruel or unusual punishment
9) Constitutional powers do not diminsh rights retained by the people
10) States retain powers not delegated under the constitution and not prohibited by it to the states.
Which Amendment is called the Equal Protection Clause?
14th
What does Substantive Due Process require?
Fundamental fairness in the content of the statute or rule
What does Procedural Due Process require?
Fundamental fairness in terms of NOTICE and OPPORTUNITY TO BE HEARD
What is jurisdiction?
The power or authority of a court to hear a specific case
Federal Courts are created by ______?
Federal Statute
What is subject Matter jurisdiction?
relates to the type of case which a court is authorized to hear. It CAN NOT be waived and can be raised at any point in the litigation process, including the appeal.
Can a court be both one of Limited Jurisdiction and General Jurisdiction
NO
Can a court be both one of original jurisdiction and appelate jurisdiction
Some
What is personal jurisdiction?
Refers to court’s power or authority over the parties to the litigation
How can personal jurisdiction be acquired?
1) Defendant’s consent
2) Defendant’s domicile in the same state where the action is filed
3) Long-arm statutes (for out of state defendants)
When does a court have In Rem Jurisdiction?
When the subject matter of the suit relates directly to property located within the court’s geographic boundary lines
What is quasi in rem jurisdiction?
Arises when the subject matter of the suit does not relate to property in the court’s jurisdiction, but the defendant has property in the court’s jurisdiction which may be used to satisfy the judgment
What is venue?
Refers to the place of trial or location within a particular jurisdiction where trial should take place.
How many justices are on the U.S. Supreme Court?
9
What types of cases does the U.S. Supreme Court have original jurisdiction in?
1) Disputes between 2 or more states (THIS IS THE ONLY EXCLUSIVE ONE!!!)
2) Actions in which ambassadors, public ministers, or foreign consuls are parties
3) Disputes between the U.S. and a state
4) Actions by a state against citizens of another state or against aliens.
The Court of Appeals for the Federal Circuit has exclusive appellate jurisdiction over which cases?
Copyright, patent, trademar, plant variety protection, decisions of U.S. Claims court, U.S. Court of International Trade, and the U.S. Court of Veterans Appeals
What are the 2 prominent areas that the United States District Court has original jurisdiction over?
Federal Question cases and Diversity of Citizenship cases
What areas do the the U.S. District Court have exclusive original jurisdiction over?
- Admiralty, maritime and prize cases
- Suits brought by the U.S., its agencies or officers
- Suits in bankruptcy
- Suits involving ambassadors and other public ministers and consuls.
State courts have concurrent jurisdiction with federal courts in all matters Except:
Those which are exclusivly within federal jurisdiction (i.e. bankruptcy)
