Inductive system in which a legal rule is arrived at after consideration of many cases. Developed in England
"Let the decision stand."
An established case or rule
Law of Equity
Courts are empowered to decide cases on the basis of equity of fairness and are not bound by the rigid precedents that often exist in common law
Deal with problems affecting society or large groups of people. Can anticipate problems.
A written outline of the organiztion of a government that provides for both the rights and responsibilities of various branches of the government and the limits of the power of the government.
ex. FCA, FDA Can make rules; has the force of law
Presidents, Mayors, etc. have power to make laws/ have force of law
ex. Bill White's curfew law
Tells us legal law and obligations
How we enforce our rights
Tells us our obligation in regards to government
Laws that govern private citizens
Paying a debt to society
i.e. Restraining orders, injuction
gag order: can't discuss a case
subpoena: turn over records, notes, documents
Money awarded to the winning party in a civil lawsuit
Have authority over non federal cases
Fact finding court.
Questions of law: "Was the law applied properly at trial?"
"Speak the law" Authority to rule
A court exercising original jurisdiction determines both the facts and the law in the case; courts exercising appellate jurisdiction may rule only in law and the sufficiency of the facts as determined by a trial court.
ex. Family court= family cases
"Long arm statue"
"Reach out" and grab people who are out of state residents
Tells us which court out of courts in our jurisdiction to go to.
Proper in the defendents resident or place where it occured
Writ of Certiorari
A writ by which an appellant seeks the review of a case by the U.S. Supreme Court. When the writ is granted, the court will order the lower court to send up the record of the case for review.
The written statements of the parties in a lawsuit that contain their allegations, denials and defenses.
Motion to dismiss (demurrer)
A motion to dismiss
A common response to a complaint is for the defendant to file in court and to serve the plaintiff.
A judgement granted to a party in a lawsuit when the pleadings and other materials in the case disclose no material issue or fact between parties, making it possible for the case to be decided on the basis of the law by the court. A summary judgement avoids a costly jury trial.
An opinion in which five justices cannot agree on a single majority opinion-there is no opinion of the court- but that is joined by more justices than any other opinion in the case
A justice in agreement with the majority who cannot be convinced to join in backing the courts opinion. May agree with the outcome of a decision but for a different reason.
A justice who disagrees with the majority can write an opinion.
"Friends of the court"
Judge can overturn a verdict from the jury if it is incorrect
No one justice signs their name