LEGL 2700 Chapter 1 Flashcards
what is law?
rules established by the state and backed up by enforcement
what is Rule of Law?
the principle whereby all members of a society are considered equally subject to publicly disposed legal codes and processes
what is the US ranked on the World Justice Project?
27
What country is last on the World Justice Project?
Venezuela
what is the common law system?
Strong emphasis on judges’ interpretation and application of laws
what are the pros of the common law system?
can be concise and stare decisis
define stare decisis
let the decision stand
what are the cons of the common law system?
volume of cases
conflicting precedents
what is the civil law system?
focuses on legislation and judges do not make law and are not bound by precedent
what US state uses the civil law system?
Louisiana
what is public law?
regulation of society
what laws are under public law?
constitutional, administrative, and criminal law
what is constitutional law?
involves the interpretation and application of either the federal or state constitutions
what is administrative law?
covers the legal principles that apply to government agencies, bureaus, and commissions
what is criminal law?
specifies various offenses against the proper order of the state
what is private law?
regulation of private resources
what laws are under private law?
property, contract and tort law
what is property law?
involves the recognition of an exclusive right in both tangible and intangible resources
what is contract law?
covers the enforcement of promises to exchange resources
what is tort law?
establishes rule of compensation when a person’s legal boundaries are wrongfully crossed by another
what is substantive law?
the time allowed for one party to sue another and the rules of law governing the process of lawsuit
what is procedural law?
the method and means by which substantive law is made and administered
what is at the top of the hierarchy of law?
US constitution
what is at the bottom of the hierarchy of law?
local ordinances
define opinions
written decisions of judges
define precedent
a prior judicial decision relied upon as an example of a rule of law
define jurisdiction
the power of the court to hear a case
define subject matter jurisdiction
the power over the issues involved in the case
what are some limited jurisdiction courts?
Probates, wills and family court
what do judges at trial courts do?
determine the rules of law for case and what evidence is admissible
what do judges decide at appeals courts?
the appeals and provide reasons for their decisions
what do judges do a bench trials?
find the facts since there is no jury
what amendments guarantee trial by jury?
6th and 7th
what is a petit jury?
trial jury that returns a verdict in criminal and civil trials
how many people do petit jury’s consists of historically?
12
what must a party be granted before the Supreme Court will hear the case?
writ of certiorari
how many times do you have the right to appeal?
one
what is the effect of the Supreme Court refusing to hear a case?
Court of Appeals decision stands
can you appeal if you lose district courts?
yes
define judicial review
the power of the courts to review laws passed by the legislative body to declare them unconstitutional
what case established judicial review?
Marbury v Madison (1803)
define judicial restraint
allow political process and not the courts to correct society’s ills
define judicial activism
believes that the political process cannot adequately handle society’s difficult issues
what is an example of judicial activism ?
Brown v Board of Education (1954)
what is the difference between a petit jury and a grand jury?
A grand jury is 23 people and they decide in a criminal prosecution whether to indict a person in crime, a petit jury is the actual trial
what did article III of the constitution establish?
the federal judiciary
what do federal courts have subject matter jurisdiction over?
questions of federal law
the United States as a party
controversies among states
cases with diversity of citizenship
how much must the claim of cases with diversity of citizenship be?
$75,000
what is the United States v Windsor (2013) about?
held that the Defense of Marriage Act was a violation of the Due Process Clause of the 5th amendment
Why was the Defense of Marriage Act challenged?
because a widow was denied an estate tax benefit since it was not available to same sex spouses
what is Citizens v Fed. Election Comm’n (2010) about?
an act that prohibited corporations from making independent expenditures for electioneering communications was struck down as a violation of the first amendment
define majority opinion
written reasoning for the conclusion reached by the majority
true or false: the majority opinion is binding precedent on lower courts
true
define concurring opinion
agrees with the majority but for different reasons
is the concurring opinion binding?
no but can be influential
define plurality opinion
concurring opinion joined by the greatest number of judges when no majority opinion is reached
is the plurality opinion binding?
no, but can be influential
define dissenting opinion
disagrees with the conclusion of the majority
is the dissenting opinion binding?
no, but can be influential
Devin plans to sue Tom for the injuries he suffered when Tom crashed into the back of his car. Where would he file his lawsuit?
He would file the lawsuit at the trial court level since tort law is a state law
Greg sues his employer, Home Depot, for employment discrimination under the Federal Equal Employment Opportunity Act in Georgia state court. Home Depot files a motion to have the case removed to federal court. Should the judge grant the motion?
No because when you have a federal question, citizenship stuff does not matter
what is the order of the federal courts?
district courts —> federal court of appeals —> Supreme Court
