BLAW
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62 terms
Terms | Definitions |
|---|---|
 Risk Level 1 | Academic risk- taking a set of facts and applying legal facts. |
| Risk Level 2 | System Risk- as it goes through the system |
| Predictability | An effective legal rule must be predictable (RL1). Allows us to plan activities consistent with the law |
| Flexibility | Law must be flexible. Law is not like a block of granite so it can be aplied differently to different situatons. Law is flexible when it comes to airspace (Real Property) |
| Systems of Law | Federal (all of US), State (boundary of each state), Local (city, county) |
| Statue of Limitations | The time period in which suit must be filed. It varies on the nature of the suit, type, etc. Usually 5 years |
| Pleading | A pleading document filed with the court that was written be either the plaintiff or the defendent |
| Complaint | Is a document drafted by the plaintiffs attorney that asks for the plaintiff to be granted some type of relief. Paragraph by paragraph, nature of claims. |
| Summons | Notifies the defendant that suit has been brough against him/her and specifies the time period in which the defendant must reply |
| Answer | defendent replies with an answer usually denying any or all of the claims the plaintiff brought forth |
| Discovery | a process through which opposing councel may learn, b4 trial begins,about info concerning the case. In general, each side must disclose the identity of its witnesses to each other. Its purpose is to do away with a suprise during court procedure. |
| Deposition | a form of discovery in where the opposing sides can interrogate a witness under oath. Used in case of a death or illness in which the witness cant be in court. |
| Interrogatories | Sworn written questions |
| Dilatory tactics | technique often used by well financed litigants by delaying the resolution of the case by prolonging the discovery phase of the case |
| Voir Dire | interiewing the jurors to make sure they want them on the stand |
| Arbitration | sometimes used as a subisitute for a trial and is quicker and less costly. |
| Arbitraitor | Hears the arbitrations, listens to the evidence and renders a decision. parties can keep the matter private |
| Minitrail | Corporations sometimes utilize this to resolve their differences. Each party submits evidence to a panel in hopes of resolution. Authority from both sides plus a 3rd party. |
| Summary jury trial | equiv of a minitrial |
| expert fact finding | dispute resolution where the parties hire an expert in the field and have them make the verdict |
| Private judging | referee, most people hire judges as referees, are appealable |
| small claims courts | 1,000-5,000. generally refuse to reward attorney fees |
| Recusal | sometimes a judge may be concerned that the personality factor may unduly influence the outcome pending a case. Judge will step down from case |
| Amicu-curiae briefs | parties will file these when they think there is a balance of interest favoring one side |
| natural law | overriding sense of justice or fairness. said to arise from god |
| plain meaning doctorine | most straightforward of statutory interpertation techniques |
| brandeis brief | brief making use of social sciences studies to supplement more traditional legal arguements |
| stare decisis | foundation of common law. enhances predicatbility. lawyers argue which case presedents should be applied and which ones shouldnt. predictable and flexible at the same time |
| statutory construction | courts apply tech. through past decisons. 1) plain meaning doctorine 2) legislative history 3) symbolic meaning-purpose of statue |
| Activist judge | tend to make the law and not interpret it |
| codification | case law is transformed into a statue. its goal is to clear up confusion that may exist with conflicting case precedents, thus enhancing predictability of the law |
| Lobbying | activity to influence a bill that is being considered by a legislature |
| enabling act | congressional statue that calls into existence a federal administrative agency |
| 3 techniques of Admin. Agencies | 1) regulation must be consistent with the statutory authority granted to the agency 2) agency rule-making procedures must be fair 3) regulation must be reasonable and not have arbitrarily made |
| Commerce Clause | "Congress shall have the power to regulate commerece with foreign nations, and among several states, and with Indian tribes |
| Preemption | the courts that congress has completely occupied a field |
| Due Process | Today for the most part, its a guartee of procedural protection against unfair or intrusive government behavior. and a fair hearing |
| Equal Protection Clause | requires the state show such differential treatment serves and interest to the state. Also a clause in which requires queal treatment to others |
| Two aspects of todays property sytem | Property Rights, Regualtory Structure |
| Property rights | own land, bundle of rights |
| Regulatory Structure | zoning, values, social rights |
| 3 factors of fixtures | 1) how attached is it? 2) effect of removal 3) relatedness.....use the scale |
| intangibles | Patents-inventions(have to apply for) Copyrights-artistic/creative Trademarks-symbol |
| Local Courts | small claims courts, traffic court etc |
| State Courts | trial courts-KS court of appeals-KS supreme court |
| Legal Risk | RL1 + RL2 |
| general jurisdiction | can hear any case arise in state |
| limited jurisdition | can only hear certain types of cases |
| Long arm statute | permits plaintiff to obtain service of the summons and complaint beyong physical borders of the state |
| appellant | seeking review-will point out errors |
| appellee | opposing party-argue no errors |
| disentry decision | appellate court no agree |
| precedent | rule of court |
| executive branch | enforce law |
| legislative branch | make the law |
| judicial branch | interpret the law |
| Pre civil war | decentralization theme. seperation of powers and fed government between branches of government |
| Civil War-Great Depression | end to decentralzation. "Categorization of Powers", "Reconstruction", made states subject of due process and protection. Liberty to enter into contracts. Ex. Hours and age can work |
| Post Depression-1975 | "Rise of Positive State" Brown v BOE, gov taking affirmitive steps, Soc. Security, Mini. Wage |
| Mi 90's- Present | "Neo-dentralization". Powers starting to dentralized again- away from Federal Powers towards states and individuals. US v Lopez |
| Just Compensation | Paid for the land needed |
| Eminent Domain | take private porperty for public use, can negotiate etc |
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