LGS - 200 Flashcards
tEnd of chapter 2 with begging of 4
Judicial review
the process by which courts decided on the constitutionality(quality of being in accordance with) of legislative enactments and actions of the executive branch
- Marbury v. Madison - us supreme court
Basic judicial requirements
before a lawsuit may be brought before a court, the following must be ment:
1. jurisdiction
2. venue
3. standing to sue
jurisdiction
the authority of a court to hear a case and decide a specific action
personam jurisdiction
court jurisdiction over the “person” involved in a legal action; personal jurisdiction
long arm statute
a state statute that permits a state to obtain personal jurisdiction over nonresident defendants
Federal courts have subject matter jurisdiction in two situations:
- When a federal question is involved - Federal question – A question that pertains to the U.S. Constitution, acts of
Congress, or treaties. - When there is diversity of citizenship
Court procedures
Hiring an Attorney
- prior to filing a lawsuit, find help form a LICENSED attorney
- they provide advice such as probability of success, what’s to be expected, procedures involved, & advantages and disadvantages
Payment of an attorney 3
- fixed
- hourly
- contingency
Stages of Litigations 3
- pretrial
- trial
- posttrial
Pretiral
Involves :
- filing of a pleading
- pretrial motions
- gathering evidence (discovery)
Pleadings
- formal statement made by plaintiff & defendant
- details the fact, allegations, & defende involved in the litigations
- 2 parts
1. complaint - filed by injured party (plaintiff)
2. answer - filed by the alleged defendant
Complaint
-the pleading made by a injured party claiming wrongdoing from defendant - doc. when flied in court instigates a lawsuit
service of process
delivery of the complaint & summons to a defendant
administrative agencies
a federal OR state gov. agency that was created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the government
Enabling legislation
- a statute enacted by congress that authorizes the creation of an administrative agency & specific the specific name, purpose, and power of the agency
Federal administrative agencies
- Can ONLY exercise the powers congress has granted them in enabling legislation
- can NOT regulate beyond powers granted
- may have to take some regulatory actions as required by the statute
Agency examples 1: Federal Trade commision (FTC)
- congress created the FTC in the FTC Act
Two types of agencies
- executive: Federal executive agencies, appointed by the president , reports to executive branch
- independent regulatory: OUTSIDE federal executives, president’s power is less valuable
tort
a civil wrong not arising form a breach of contact.
breach
a breach of legal duty that proximately causes harm or injury to another
2 types of tort
- wrongs
- compensation
damages
a monetary award sought as a remedy for a breach of contract or a tortious act
compensatory damages
a money award equivalent to the actual value of injured/damage sustained by the aggrieved party
special damages
an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as monetary losses
List of tort against person
- assult
- abttery
- false inprisonment
- intentional inflicion of emotional distress
- defamation
- flauduletn misprepesentation
- abusive or frivolus litigation
- invation of privaxy
Promise
a persons assurance that he or she will or will not do some
promisor
is a person who makes MAKES a promise
promisee
is a person is a person to whom a promise is MADE
contract
an agreement that can be enforced in court, formed by 2 parties
offeror
a person who MAKES an offer
offeree
a person to
