Test 1 Flashcards
Purpose of Law
Order and stability, resolving disputes, protection of life and property, and defense of individual liberties
Order and stability
Laws allow people to plan their days and lives and cooperate in an orderly fashion
Resolving Disputes
A system of laws tries to ensure that disputes are resolved not according to strength or emotion, or mob mentality, but according to procedures designed to pursue truth and fairness
Protection of Life and Property
Criminal statutes punish people who violate the physical safety of property rights of others. Civil law provides for remedies for victims of crime of those who are injured or defrauded.
Defense of Individual Liberties
The constitution and many state laws protect individuals rights to express unpopular opinions, worship as you want, associate with those you want, keep your home private, refrain from testifying against yourself, and own firearms.
What is law?
Laws are the norms of behavior codified by authorities and enforced via promise of violence on the part of the state
Sources of Law
The constitution, state legislatures, federal agencies, the president, and courts through judicial opinions
Skills to foster
Logical reasoning, a neutral disposition, clarity and gravity in writing, and willingness to consider and defend the unpopular
Law school admissions
Your LSAT and GPA are by far the most important factors when being considered for a law school
Moot Court
A simulated appeal to a high court
What lawyers do?
Many lawyers rarely step foot into the court but instead work outside of private firms for the government, in education, for private businesses, and for public interest,
Litigation
Most cases settle outside of court so litigation attorneys spend most of their time meeting and interviewing clients, conducting legal research, drafting motions, pleadings, briefs, and other litigation documents, collecting and reviewing evidence, taking depositions, and negotiating
Transactional attorneys
Advise clients and negotiate things like business deals not court settlements, draft contracts, help with real estate, and make sure that their clients activities comport with the law
Public interest attorneys
Use the law and court system to achieve policy goals rather than just outcomes for particular clients
Legal practice areas
Even within the categories of litigation or transactional law there are many specialities and sub-specialities
Specialization
Some attorneys focus on a very narrow area of laws and others are generalists that have a very broad practice ranging from criminal defense to divorces to contracts
Law firm structure
Partners own the firm and direct its legal operations. Associates are subordinate attorneys hired with the hope of eventually making partner.
Government attorneys
Many government attorneys work as either prosecutors or public defenders. The attorney general essentially serves as the head lawyer for the government.
Attorney client privilege
Ensures that communications between an attorney and client remain confidential
Attorney client privilege exceptions
Attorneys cannot disclose client communications about past illegal behavior but can disclose to prevent future death or serious bodily harm
Jurisdiction
the legal authority of a court to hear a case and issue a legal ruling
Subject matter jurisdiction
The authority of the court to hear the type of case and is typically determined by the statute, cannot be waived or altered by the parties
Personal jurisdiction
Asks whether the court has authority over the people involved in a case; can be established in a variety of ways like domicile/place of business, personal, consent, and minimal contacts; can be waived by the parties
Federal jurisdiction
Cases can be heard in federal court if they involve a federal question(federal statutes, the US constitution, federally protected rights, and federal agency rules)
Diversity jurisdiction
Allows federal courts to hear claims that do not involve a federal question if the parties are residents of different states and the amount in controversy is at least $75,000
Concurrent jurisdiction
Can exist both between and within the state and federal systems
Supplemental jurisdiction
State Supreme Court decisions would be binding on federal court
Legislative oversight
Because jurisdiction in primarily granted by statute, jurisdiction can be taken away
Judicial restraint
Courts can only hear cases with active controversy, will not issue porsopective opinions, accept cases only if they are specific and other remedies have failed, and side step political questions
