Test 1 Flashcards
Sources of Law ( Philosphical)
Natural Law,
Legail Positivsim
Legal Realism
Self- Normalization
Legal Pluralism
Natural Law
Immutable+ Universal ( God- Religion) + Reason ( all humans rational)
Legal Positivism
People simply posit (speak) the law
- J Austin= Command Theory
Command Theory
One supreme person/authority whose orders everyone in the society shall follow
Legal Realism
How People really act/behave ( law in action)
- Holmes “ Bad Man Theory”
Bad Man Theory
Holmes,
How much the bad man can get away with
Self Normalization
Surveillance
Panopticon ( place where eyesight makes everyone behave, school/prison)
Legal Pluralism
Multiple Ways to get law from
Sources of Law in the USA
Constitution
Statute/Ordinance ( local Basis)
Administrative Law
Common Law/ Case Law
Constitution
Supreme Law of the Land
Statue/Ordinance ( local Basis)
Laws from elected legislation bodies
vary from state to state, but federal supremacy
Administrative Law
Makes 95% of the laws
Made by ABC Beaurs
Common Law/ Case Law
Stand by decided Cases ‘ Precedent’
Marbury v Madison
Judicial Reviews were created here
void laws deemed unconstitutional
voided Judiciary Act of 1801
Federal Courts
94 District Courts
13 Appeals Courts ( circuits)
- 9th liberal , 7th conservative, 4th middle
Supreme Court
- 9 Justices
Federal Court Jurisdiction
Federal Questions
Diversity of Citizenship
Federal Questions
Related to the Consitution, Federal Statue, Treaty
Diversity of Citizenship
Different States + > $75,000
State Courts
Trials ( least important)
Appeals
State S.C ( most important)
Business is an Person
Acting within state borders, operating outside state borders + minium contacts
Stream of Commerce
Jp Haw Industrial vs Broquet
Southern Prestige vs Independence Platting
Gucci vs Wong Houquing
JP-Haw Industrial vs Broquet
Microprocessors sold to Xbox company; Xbox explodes. They sue the microprocessors even though they are from China
Southern Prestige vs Independence Plating
Selling something that falls ( license platting)
Gucci v Wong Houquing
Internet website connects everything to interstate commerce
Limited Subject Matter Jurisidiction
IP’s + Bankruptcy + Family + Probate
Civil Procedures
Pleadings
Defendants Motion to Dismiss
Motion for summary judgement ( easy w)
Discovery ( has to give evidence over)
Jury Selection ‘ voir dire’
Directed Verdict
Closing Arguments
Verdict/Award
Judgement N.O.V ( not withstanding jury)
Pleadings
Complaint
Summons/Service of Process
Answers
Discovery
Brothers vs Winstead ( paycheck was withheld and they sued so they can access his different books)
Depositions ( recordings) + Interrogatories ( list of questions) + meta data
Jury Selection
JEB v Alabama ( dismissing by gender for payment)
Challenge for cause = bias
peremptory challenge = cannot dismiss race/gender
Judgement N.O.V
Not with standing duty, the jury made a bad selection ,so the judge can change the verdict and amount to pay
Enumerated Powers
Written Down