Legal Exam 1 Flashcards
1
Q
Rule of Law
A
Law applies to everyone
2
Q
Property
A
legal right that allows you to exclude others from resources
3
Q
exclusionary right
A
exclude others from using resources/basis for private market
4
Q
Common Law vs. Civil Law
A
Common: emphasize role of judges/precedent
Civil Judges Rely on legislation (don’t make law)
5
Q
Pros of Common Law
A
STARE DECISIS; allows certainty, stability and predictability
6
Q
Cons of Common Law
A
Volume of Cases
Difference in holding (final decision) and dicta (statements made that are not essential)
Times have changed/bad precedent
7
Q
Stare Decisis
A
let the prior decision stand
8
Q
Public vs Private Law
A
Public: constitutional, administrative, criminal
Private: property, contract, tort `
9
Q
Civil vs Criminal Law
A
Civil: individual sues for damages (breach of contract/tort)
Criminal: government sues for wrong against society
10
Q
Substantive vs Procedural
A
Substantive: defines rights & duties
Procedural: provides machinery for enforcing right
11
Q
3 Sources of Law
A
Federal, State, Case
12
Q
Read this case opinion:
675 F.3d 23 (2014)
A
Volume 675 of federal reporter 3rd decisions on page 23 decided in 2014
13
Q
Read this case citation:
Brown V. Board of Education, 347 U.S 483 (1954)
A
Volume 347 of Us reporter page 483 decided in 1954
14
Q
What is the sources of Law Hierarchy
A
US. Senators Find State Statutes Super Logical, Cool?
- US Constitution & Amendments
- Congress Statutes (Acts/Legislation)
- Federal Administration Regulation
- State Constitutions
- State Statutes
- State Administration Regulation
- Local Ordinances
- Case Law
15
Q
What do Trial Court Judges focus on
A
facts and law
16
Q
What do appeal courts judges/justices focus on
A
issues of the law
17
Q
Petit Jury
A
returns verdicts in civil/criminal cases, consists of 12 can be smaller
18
Q
Subject Matter Jurisdiction
A
power over ISSUES involved
19
Q
General Jurisdiction
A
hear any case
20
Q
Limited Jurisdiction
A
only certain types of cases (Probate, Traffic & Juvenile)
21
Q
what are the 3 federal court types
A
district court -> court of appeals -> supreme court
22
Q
what are the conditions of diversity of citizenship
A
plaintiff/defendant are from different states
each claim must exceed 75,000
corporation is citizen of place of incorporation and POB
partnership is based on citizenship of all its members
23
Q
how many courts do appellate courts have
A
13 - 12 US 1 special for feder
24
Q
Writ of Certioarari
A
petition needed to be seen by supreme court
25
Judicial Review
invalidate executive (president) or legislative (congress)
26
Judicial Restraint
keep the original intent of constitution
27
Judicial Activism
make a change for needs of society
28
Standing to Sue
entitled to have court hear dispute of plaintiff alleges legal wrong and personal stake
29
Personal Jurisdiction
authority over parties in lawsuit
30
when do you get personal jurisdiction over plaintiff
file the suit (voluntary submission)
31
when do you get personal jurisdiction over defendant OUT OF STATE
long arm statutes
minimum contacts test
1. committed tort within state
2. own property within state that is subject matter
3. entered contract or contracted business of subject matter in state
YES to ANY
32
when do you get personal jurisdiction over defendant in criminal cases
crime in state; at arrest
33
extradition
voluntary turning in of prisoner state to state by governors
34
4 things needed to be certified for class action suit
1. numerous joinder of all members is impractical
2. questions of law/fact common to class (commonality)
3. claims/defenses of parties are typical to class
4. rep parties fairly/adequately protect interest of class
35
8 Pre-Trial Procedures
1"People Can Defend Cases Properly And Prepare Perfectly."
People → Plaintiff files complaint
Can → Complaint/summons sent to defendant
Defend → Defendant files motion to answer (admit/deny) with counterclaim and defense
Cases → Court rules on motions
Properly → Plaintiff files reply to answer
And → Attorneys conduct discovery
Prepare → Parties may file motion for summary judgment
Perfectly → Pre-trial conference
36
Discover must lead to
evidence admissable
37
4 methods of discovery
Interrogatories (written questions)
request for production of docs,
Depositions (orally asks questions)
request for admission (settlement)
38
6 pre-trial motions
Dogs Jump Silently For Cats
dismiss
judgement on pleadings
summary judgement
frivolous litigation
compel discovery
in limine
39
motion to dismiss
lack of jurisdiction (personal, subject matter), statute of limitation
40
motion for judgement on pleadings
based on complaint and answer
41
motion for summary judgement
no general factual dispute exists look at EVIDENCE
42
motion for frivolous litigation
no reason for lawsuit
43
motion to compel discovery
one party refusing to cooperate in discover
44
motion in limine
asking judges to exclude trial evidence bc unreliable
45
10 Trial steps
Voir Dire/Select Jury
Opening Statement
Plaintiffs evidence through witnesses
Defendant moves for directed verdicts
Defendant evidence through witnesses
Closing arguments
court instructs jury on law
verdicts
judgment on cerdict
post-trial motions
46
voir dire
speak the truth
47
2 excuses for juries
reason/cause - bias or relation
peremptory challenge - no race or gender
48
motion for directed verdict
judge issue ruling to remove jury discretion
49
burden of proof for criminal cases
beyond reasonable doubt
50
2 burden of proofs for civil cases
Preponderance of evidence (typical) 49/51- breach of contract
Clear and convincing proof 40/60
- fraud, parental right
51
2 post trial motions
Judgement not withstanding, new trial
52
Judgement not withstanding
reasonable persons would not have reached verdict
53
New trial
legal mistakes made
54
7 steps in appeals process
1. Notice of Appeals filed
2. Parties file briefs
3. oral arguments made
4. court announces decision
5. further review requested by petition to higher court
6. higher court denies/grants review
7. final decision
55
What do court of appeals determine from lower court (2)
Prejudicial error
Erroneous result
56
What happens of majority of judges approves opinion
adopted
57
What happens of majority of judges disapproves opinion
discenting opiniona; opinion written by a judge or justice who disagrees with the majority's decision in a case
58
Execution
court officially seizes some property and sells at public auction and applies proceeds to creditors claim
59
Garnishment
portion of debtor's wages paid to court then goes to creditor
60
Res Judicata
once a court has made a final judgment in a case, the same parties cannot relitigate the same issue or
61
4 Elements of Res Judicata
Final Judgment on the Merits – The court’s decision must be final and based on the substance of the case, not procedural matters.
Same Parties – The parties in the current case must be the same as those in the previous case.
Same Claim or Cause of Action – The issue or claim being litigated must be the same as the one in the earlier case.
Same Issue – The specific issue in dispute must have already been decided by the court in the previous case.
62
components of the constitution
separation of powers
establishment of federalism
establishment for procedure for ratification
63
federalism
separate of powers between federal and state governments, recognizes state soverignty
64
Supremacy clause
when state laws or constitutions conflict with federal law, federal law prevails.
65
Concurrent power
powers that are shared by both the federal government and state governments (taxation, commerce)
66
Commerce clause
grants Congress the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes.
67
Regulation of Interstate Commerce
The commerce clause gives Congress the power to regulate commerce (trade, business, and economic activities) between states (interstate commerce). For example, Congress can regulate transportation, communication, and trade across state lines.
68
Regulation of Foreign Commerce
The commerce clause also allows Congress to regulate trade between the United States and other countries (foreign commerce). For example, tariffs, trade agreements, and import/export laws fall under this power.
69
Regulation of Indian Tribes
The clause allows Congress to regulate commerce with Native American tribes, affecting trade, treaties, and land use agreements.
70
State police powers
inherent authority of state governments to enact laws and regulations to protect public health, safety, morals, and general welfare within their intrastate jurisdiction.
71
State police powers limitation
can't (intend to) conflict with regulation of interstate commerce or substantially affect it
72
Dormant Commerce Clause
implied restriction on state laws that discriminate against or excessively burden interstate commerce
73
Preemption
If federal law conflicts with state law in areas that fall under federal jurisdiction (such as certain aspects of immigration or interstate commerce), federal law may preempt the state law, meaning the state law cannot be enforced.
74
Contract Clause * Exceptions
prohibits states from passing laws that impair the rights and duties of contracts.
* federal government
*emergency situations
75
4 Freedoms of Bill of Rights
Religion, Speech, Commercial Speech, Press
76
examples of symbolic speech
flag burning, silent marches
77
4 unprotected speech
defamation, threatening speech, fighting words, obscentity
78
over-breadth doctrine
restrictions must be narrow on freedom of speech
79
5th: Eminent Domain
government's power to take private property for public use with just compensation to the owner
80
14th: Equal protection and due process
serve to protect individuals from unfair treatment by the government
81
Procedural Due Process
Meaning: Ensures fair procedures when the government acts against an individual.
Applies When: The government takes away life, liberty, or property.
Requirements:
Notice (the person must be informed).
Opportunity to be heard (a fair hearing).
Neutral decision-maker (an unbiased judge or official)
82
Substantive Due Process
Meaning: Protects certain fundamental rights from government interference, even if proper procedures are followed.
Two Key Areas:
Fundamental Rights: Privacy, marriage, parenting, contraception, abortion, bodily autonomy.
Economic Regulations: Less protection, courts defer to legislatures.
83
Incorporation Doctrine
Applies Bill of Rights protections to the states through the 14th Amendment’s Due Process Clause
84
Equal Protection Clause
Meaning: The government must treat similarly situated people the same way unless there is a legitimate reason to differentiate.
Used In: Civil rights cases (race, gender, LGBTQ+ rights).
85
Minimum Rationality (Rational Basis Review)
Applies to: General laws that don’t target a protected class (e.g., economic regulations, age, disability).
Test: Law must be rationally related to a legitimate government interest.
Burden of Proof: Challenger (the person suing) must prove the law is irrational.
86
Quasi-Strict Scrutiny (Intermediate Scrutiny)
Applies to: Gender-based classifications & legitimacy of birth (children born out of wedlock).
Test: Law must be substantially related to an important government interest.
Burden of Proof: The government must justify the law.
87
Strict Scrutiny
Applies to:
Race, national origin, religion (suspect classifications).
Fundamental rights (voting, speech, marriage, privacy).
Test: The law must be narrowly tailored to achieve a compelling government interest and be the least restrictive means available.
Burden of Proof: The government must prove the law is necessary.
88
For a court to exercise authority over a case, it needs
Subject Matter Jurisdiction – Power over the type of case.
Personal Jurisdiction – Power over the defendant.
Proper Venue – The right geographic location.
Standing to Sue – The plaintiff must be personally affected.
A Real Case or Controversy – Courts don’t rule on hypotheticals.
