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LEGL 2700 > TEST 1 > Flashcards

TEST 1 Flashcards

1
Q

What is the name of the party that files the lawsuit?

A

plaintiff

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2
Q

what is the name of the party who is sued?

A

defendant

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3
Q

what is it called when the defendant makes claims against the plaintiff?

A

counterclaims

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4
Q

what is the name for a defendant who was not named in the complaint but is later joined?

A

third party defendant

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5
Q

what must a plaintiff establish in her complaint in order to have her case heard in court?

A

standing and jurisdiction

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6
Q

to establish standing, the plaintiff must establish…

A

personal stake in the resolution and case or controversy

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7
Q

what does case or controversy mean?

A

no advisory opinions, have to have parties who are disputing about something

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8
Q

what does a personal stake in the resolution mean?

A

you cannot sue on behalf of someone else. you must have injury to a really protected interest and it must be concrete and particularized

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9
Q

what is personal jurisdiction?

A

plaintiff has to show the court has power over the parties. the defendant has it when they file the claim

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10
Q

How is PJX obtained over an in-state criminal defendant?

A

they have to be arrested in the state

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11
Q

how is PJX obtained over an in-state civil defendant?

A

through being served with a summons of process

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12
Q

how is PJX over an out-of-state civil defendant?

A

long arm statute

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13
Q

How Is PJX obtained over an out-of-state criminal defendant?

A

Extradition: criminal defendant is brought back to stand trial where crime was committed

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14
Q

what is long arm statutes?

A

statute allowing a state to exercise personal jurisdiction over a non-resident defendant who has certain contacts with the state

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15
Q

To comport with the constitution the defendant must have?

A

minimum contacts with the state

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16
Q

what does minimum contacts mean?

A

-defendant committed the tort in state
- if the property is the subject to the lawsuit, owns property in the state
- transacted business

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17
Q

what is a class action lawsuit?

A

one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim

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18
Q

what has to happen before you gave a class action lawsuit?

A

must be commonality for the class to be certified

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19
Q

why was the Walmart v Dukes case not certified?

A

the claims were too diverse and lacked commonality

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20
Q

what are the pleadings in pretrials?

A

the complaint which is the document filed by the plaintiff at the beginning of the lawsuit

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21
Q

what is an answer?

A

defendants response to plaintiffs position

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22
Q

what is discovery?

A

procedures by which one party obtains info relevant to the case from the other party or third persons

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23
Q

what is the standard for discovery?

A

as long as the info sought will lead to evidence admissible during trial

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24
Q

what are the methods of discovery?

A

-interrogatory
-request for production of documents
-deposition
-request for admission

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25
Q

what is interrogatory ?

A

written question written by one party to another open ended

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26
Q

what is request for production of documents?

A

asking for relevant documents for the case from the other side

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27
Q

what is deposition?

A

sworn questioning of witnesses

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28
Q

what is request for admission?

A

ask a party to admit certain facts

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29
Q

what is law?

A

rules established by the state and backed up by enforcement

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30
Q

what is the rule of law?

A

the principle whereby all members of a society are considered equally subject to publicly disposed legal codes and processes

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31
Q

what is the United States ranking on the World Justice Project?

A

27

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32
Q

who is the last ranking on the World Justice Project?

A

Venezuela

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33
Q

what are the classifications of law?

A

-common
-civil
-public
-private

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34
Q

define stare decisis

A

let the decision stand

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35
Q

what does the civil law system focus on?

A

legislation

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36
Q

what is criminal law?

A

government brings suit to prove the wrong committed against society

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37
Q

what is civil law?

A

individual sues for damages or other appropriate relief

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38
Q

what is substantive law?

A

defines the legal relationship of people with other people or with the stae

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39
Q

what is procedural law?

A

method and means by which substantive law is made and administered

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40
Q

define opinions

A

written decisions of judges

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41
Q

define precedent

A

a prior judicial decision relied upon as an example of a rule of law

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42
Q

define subject matter jurisdiction

A

the power over the issues involved in the case

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43
Q

what does article III of the constitution establish?

A

federal judiciary

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44
Q

what do the federal courts have subject matter jurisdiction over?

A

-questions of federal law
- the United States as a party
-controversies among the states
- cases with diversity of citizenship

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45
Q

what is US v Windsor (2013) about?

A

held that the Defense of Marriage Act was a violation of the Due Process Clause of the 5th amendment

46
Q

what is majority opinion?

A

written reasoning for the conclusion reached by the majority

47
Q

what is concurring opinion?

A

agrees with the majority but for different reasons

48
Q

what is plurality opinion?

A

concurring opinion joined by the greater number of judges when no majority opinion is reached

49
Q

what is dissenting opinion?

A

disagrees with the conclusion of the majority

50
Q

what are judges?

A

operate the courts and make decisions on the law itself

51
Q

what are jurors?

A

finders of facts

52
Q

what is a bench trial?

A

a trial without a jury

53
Q

what is jurisdiction?

A

power of a court who hears a case

54
Q

which Supreme Court decision announced the power of judicial review?

A

Marbury v Madison

55
Q

what is judicial review?

A

the power of courts to review laws passed by the legislative body and to declare them unconstitutional and void

56
Q

what are the components of the Constitution?

A

original framework and amendments

57
Q

what is apart of the original framework?

A

separation of powers
establishment of federalism
establishment of procedure for ratification

58
Q

what did the bill of rights accomplish?

A

safeguards of liberty
safeguards of justice
reserved powers

59
Q

what articles are apart of separation of powers?

A

articles I, II, III

60
Q

what is established under Article I?

A

the legislative branch

61
Q

what is established under Article II?

A

the executive branch

62
Q

what is established under Article III?

A

the federal judiciary

63
Q

what is federalism?

A

the separation of powers between federal and state/local governments

64
Q

What is the supremacy clause?

A

the constitution is the supreme law of the land

65
Q

what is preemption?

A

the application of the supremacy clause

66
Q

What is the commerce clause?

A

congress has the power to regulate commerce

67
Q

what does “with foreign nations” mean?

A

vested exclusively in Congress/Federal government (ex: embargoes)

68
Q

what does “among the several states”?

A

means commerce that passes across state lines and commerce that stays within a single state substantially affects interstate commerce

69
Q

what is interstate commerce?

A

commerce that passes state lines

70
Q

what is intrastate commerce?

A

commerce that stays within a single state

71
Q

what does express preemption mean?

A

in the act of congress itself, states cannot regulate this topic

72
Q

what does field preemption mean?

A

when the act itself doesn’t say the state cant regulate it but congress has regulated it so much that only the federal government can regulate that topic

73
Q

what’s an example of field preemption?

A

nuclear safety

74
Q

what’s an example of express preemption?

A

federal cigarette labeling act

75
Q

what does some federal regulation mean?

A

state law that is not inconsistent or conflicting with federal regulation is permitted

76
Q

what does no federal regulation mean?

A

state law that does not unduly burden interstate commerce is permitted

77
Q

what is an example of no federal regulation?

A

divorce or family law

78
Q

what is dormant commerce clause?

A

inferred from the Commerce Clause, states cannot enact legislation that UNDULY BURDENS interstate commerce

79
Q

what is an example of the Dormant commerce clause?

A

City of Philadelphia v New Jersey (1977)

80
Q

what is under the first amendment?

A

freedom of religion, speech and press

81
Q

what is freedom of religion?

A

congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof

82
Q

what is freedom of speech?

A

covers verbal and written communication and protects symbolic speech as well

83
Q

what types of speech are not absolute?

A

unprotected speech, reasonable restrictions on speech, over breadth doctrine

84
Q

what is unprotected speech?

A

defamation, threatening speech, “fighting words” and obscenity

85
Q

what is reasonable restrictions on speech?

A

balance between government’s obligation to protects, and citizens exercise of rights

86
Q

what is overbreadth doctrine?

A

governmental restrictions on expression must be narrowly drafted

87
Q

what is commercial speech?

A

freedom of speech protects corporations and individual

88
Q

when can the government limit commercial speech?

A

when compelling state interest is at stake

89
Q

what is Brown v Entertainment Merchants Assoc, (2011) about?

A

A California law restricted the sale of violent video games to minors

90
Q

what did the district court decides about Brown v Entertainment Merchants Assoc (2011)?

A

concluded that the act violated the First Amendment

91
Q

What was the Supreme Courts decision on Brown v Entertainment Merchants Assoc. (2011)?

A

Supreme Court affirmed it and said the video game is a form of speech

92
Q

what is freedom of press?

A

the press is accountable for what is printed and construed to prohibit prior restraints of publications

93
Q

what is Near v Minnesota (2013) about?

A

Near published a newspaper that reported state officials doing elicit activities, he was then sued

94
Q

what did the court rule for Near v Minnesota (1931)?

A

Minnesota was restraining publish which is a violation of the press clause

95
Q

what is the 5th amendment?

A

eminent domain, “nor shall private property be taken for public use, without compensation”

96
Q

what does taking mean in the 5th amendment?

A

when the government takes private property and takes ownership of it

97
Q

what is public use in the 5th amendment?

A

turning property into schools, parks, city halls, etc.

98
Q

what did the court hold for Kelo v City of New London (2005)?

A

the city’s taking of the land for economic development satisfies the “public use” requirement under the 5th amendment

99
Q

what is just compensation?

A

fair market value

100
Q

what is the 14th amendment?

A

due process of law

101
Q

what is due process of law?

A

prevents our government from acting unreasonable and requires them to have fairness and decency

102
Q

what is substantive due process?

A

requires the government to have justification for its actions

103
Q

what is procedural due process?

A

requires proper notice and proper procedures

104
Q

what is the incorporation doctrine?

A

due process clause has been used to incorporate the Bill of Rights and make provisions applicable to states

105
Q

what is equal protection of the law?

A

the law should not treat people differently without a satisfactory reason

106
Q

what are the questions for analyzing the equal protections claim?

A

what is the classification ?
what level of scrutiny applies?
does the government action meet that level of security?

107
Q

what is under minimum rationality/ rational basis?

A

height, weight, age, marriage, testing

108
Q

what is a case example of minimum rationality/ rational basis?

A

Mass Bd. of Retirement v Murgia – Court upheld a law that required police officers to retire at 50

109
Q

what is under quasi-strict scrutiny?

A

gender

110
Q

what is a case example of quasi-strict scrutiny?

A

Kelo v Virginia – court struck down law excluding women from a state military college

111
Q

what is under strict scrutiny ?

A

race, national origin, legitimacy

112
Q

what is a case example of strict scrutiny?

A

loving vs virgina – court struck down law forbidding interracial marriage

LEGL 2700 (18 decks)

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