Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Intro to Law > Intro to Law I > Flashcards

Intro to Law I Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

what takes precedence over case law?

A

constitutional provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what does it mean to be a common law country?

A

rules for law come from the written decision of judges who hear and decide litigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are precedents?

A

decisions of judges in previous litigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what is jurisdiction based on?

A

1) geographic location

2) subject matter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is the structure within a jurisdiction?

A

hierarchal, organized in a vertical structure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are the courts of original jurisdiction?

A

court in which litigation begins

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what is inferior jurisdiction?

A

power to hear only limited types of cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

where does litigation begin?

A

in trial courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what is civil litigation?

A

litigation between private parties (plaintiff and defendant)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what happens in trial court if the case goes to trial?

A

1) the case is not ended on a pre-trial motion

2) the parties do not voluntarily settle their suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is the next step up in the hierarchy from trial courts?

A

appellate court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

why would a case goto appellate court?

A

when the party has lost at trial level either by a motion or by decision after the trial. They may ask for review by a higher court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is the party that appeals called?

A

appellant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is the other party that isn’t appealing?

A

appellee

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what does appellate court determine?

A

whether the lower court committed any errors significant enough to require that the decision be reversed or modified or new trial granted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what are 2 level of appellate courts that most states provide?

A

1) intermediate court of appeals

2) State’s Supreme Court (highest court of appeals)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

where does the intermediate court of appeals hear appeals from?

A

generally the trial courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

where does the State’s Supreme Court hear appeals from?

A

intermediate court of appeals

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is the State’s Supreme Court sometimes referred to as?

A

the court of last resort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

after the State’s Supreme Court are there anymore appeals?

A

NO

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

how many judges are required in appellate court?

A

3 or more and should be heard by an odd number of judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

how is the case decided in appellate court?

A

by voting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

who writes the decision in appellate court?

A

usually one judge from the majority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what is a dissenting opinion?

A

when a judge disagrees with the majority and writes own opinion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what is a concurring opinion?

A

a judge who has voted with the majority as to the outcome of the case may write a separate opinion to express his or her differing views about certain aspects of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

what is per curiam?

A

when an opinion does not bear the name of the author (decision by the court)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

what may a per curiam be used for?

A

a shorter opinion on an issue about which there is general unanimity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

does appellate court involve another trial before the panel of appellate judges?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

what are some differences in appellate court than trial court?

A

1) parties don’t submit evidence or examine witnesses
2) no jury
3) party’s lawyers argue to the appellate judges

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

are state trial courts published?

A

most are not but verdicts are recorded in the court files

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

are appellate cases published?

A

many are, in volumes called case reporters

32
Q

what are federal courts empowered by?

A

federal statutes and the constitution to hear certain types of cases and are limited to those cases

33
Q

what are the jurisdictions of federal court?

A

1) federal statutory
2) administrative agency matters
3) diversity jurisdiction

34
Q

what do diversity jurisdictions involve?

A

1) citizens of different states

2) matters of state law that a party chooses to litigate in federal court

35
Q

what must you apply in diversity jurisdictions?

A

the law of the state

36
Q

what are intermediate appellate courts in the federal system called?

A

United States Court of Appeals

37
Q

how many circuits are the United States divided into for appellate court purposes?

A

13 and 11 are identified by a number

38
Q

what is the highest court in the federal system?

A

the Supreme Court

39
Q

where does the Supreme Court hear from?

A

1) the United States Courts of Appeals
2) federal district courts
3) highest courts of the states system

40
Q

if a defendant answers a complaint what do they respond to?

A

each of the allegations in the complaint

41
Q

if a defendant decides not to answer a complaint what may they do?

A

decide to enter a motion to dismiss

42
Q

in some states what is a motion to dismiss called?

A

a demurrer

43
Q

what will the defendant most likely accompany a motion with?

A

a memorandum

44
Q

what is a memorandum that a defendant accompanies a motion with?

A

advocacy document to persuade it to grant the motion

45
Q

if a defendant argues successfully with a motion to dismiss what happens?

A

court will grant the motion and dismiss the plaintiff’s lawsuit

46
Q

if the plaintiff’s lawsuit is dismissed by the court what may they do?

A

may appeal to a higher court

47
Q

if the defendant loses the motion to dismiss what happens?

A

must file an answer to the complaint and litigation continues

48
Q

what is discovery?

A

often use procedures formalized in the jurisdiction’s rules of civil procedure

49
Q

what does a deposition and when does it occur?

A

it occurs first and it is an attorney’s oral examination under the oath of the opposing party and of witness who are under oath

50
Q

what happens 2nd in the litigation process?

A

submit interrogatories

51
Q

what is an interrogatory?

A

written question to the other party

52
Q

what is an affidavit?

A

written documents of the facts that the person (affiant) swears under oath.

53
Q

what happens after parties gathers enough evidence?

A

summary judgements

54
Q

what is a summary judgement?

A

motion asking the judges to decide the case without trilby considering facts offered through depositions, interrogatories, affidavits and documents.

55
Q

what will the parties submit for the summary judgement?

A

a memora or law in support or opposing the summary judgement

56
Q

what are appellate briefs?

A

attorney produces written documents for the court explaining the facts and the law as the party analyzes them

57
Q

what is stare decisis?

A

in this country, it means that the court should follow the common law procedures and that a court must follow only those precedents that are binding authority

58
Q

what is binding authority?

A

constrain for a judge to decide a pending case according to the rules laid down by earlier decisions or to repudiate the decisions

59
Q

what is case of first impression?

A

when the issue has never been litigated in the jurisdiction of the dispute

60
Q

reasons for overruling a case

A

1) earlier decision has become outdated because of changed conditions
2) existing rule has produced undesirable results
3) prior decision is based on what is now know as poor reasoning
4) new rule perspective (applicable in future cases only)

61
Q

where do rules come from?

A

1) contract rules

2) private documents (contracts, deeds, leases)

62
Q

if the court says “an offer must manifest definite terms” what does that mean?

A

the court is defining an offer, keeping in long line of litigation

63
Q

what is dicta analogous to?

A

persuasive authority

64
Q

which precedents are the most important?

A

ones that are binding authority

65
Q

what should be the first source in which you research a legal problem?

A

enacted law

66
Q

what type of structure does enacted law follow?

A

a vertical hierarchy

67
Q

what is the top of the hierarchy in enacted law?

A

the Constitution

68
Q

what is second in the hierarchy of enacted law?

A

1) federal executive order and administrative regulations
2) state constitutions (highest within state does not conflict with federal law)
3) state statutes
4) state administrative regulations
4) municipal enactments

69
Q

what are the 3 components that every rule has?

A

1) set of elements (test)
2) a result that occurs when all the elements are present (test is satisfied)
3) a casual term that determines whether the result is mandatory, prohibitory, discretionary or declaratory

70
Q

what does a mandatory rule require?

A

someone to act and is expressed with words like “shall” or “must”

71
Q

what does a prohibitory rule do?

A

forbids someone to act and is expressed by “shall not” “may not” “must not”

72
Q

what does a discretionary rule do?

A

gives someone the power or authority to do something and uses words like “may” or “has authority to”

73
Q

what does a declaratory rule do?

A

declares that something is true

74
Q

3 step method of figuring out what a rule means

A

1) break down the rule into parts (don’t care about words only structure)
2) look at each of those small parts separately
3) put the rule back together

75
Q

what are rules inner logic?

A

1) what events or circumstances set the rule into operation? (elements)
2) when all the elements are present, what happens? (casual term)
3) even if all elements are presents can anything prevent the result? (an exception, if the rule has any)

Intro to Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions