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BLAW 301 Exam 1 (Ch. 1-4)
Terms in this set (75)
Rule of Law
Laws equally applicable to everyone.
Right to exclude others from your resources.
Judges determine the meaning of laws and how those laws should apply.
Relies more on legislation than judicial decision for law. Harms by private injury.
Specifies various offenses against the proper order of state. Wrongs against society.
Matters that involve the regulation of society.
Legal issues that concern private relationships with individuals and businesses.
Defines legal relationships of people.
Methods by which substantive law is administered.
Sources of Law
Includes the Constitution and is the Supreme Law of the land. Establishes 3 government branches, Bill of Rights, and provides checks and balances.
"Let the decision stand." Trial judges must follow prior caselaw of appellate courts. Trial and appellate judges must follow prior caselaw of their district.
Breach of Contract
When one party to a contract fails to do what he or she agreed to do. Compensatory damages to make the victim "whole."
A civil wrong other than a breach of contract. Intentional, negligence, strict liability.
Necessary when tort is intentional or unreasonable conduct is extremely severe.
Respect rights of others. Act in good faith. Exercise reasonable care. Honor confidentiality. Avoid conflicts of interest.
Business Codes of Ethics
Organization's Code of Conduct.
Ultimate source of ethical values for decision making.
Determines and applies the rules of law to decide a case.
Jury finds the facts, the trial judge applies the law.
In cases without a jury, the trial judge finds the facts and applies the law.
Decide an appeal and give reasons for their decisions. These decisions become precedent.
Does not determine guilt or punishment. Decides whether to bring criminal charges.
Returns a verdict in a criminal or civil case.
Sixth Amendment (Criminal)
Right to a trial by an impartial jury.
Right to a trial by jury in civil cases.
Advise clients on compliance with the laws and represent clients in litigation.
Small Claims Court
Limit on amount in controversy. No lawyer required. Lower cost to file. Simplified procedures. KANSAS $4000.
Vested in one Supreme Court and such lower courts as Congress may create.
Subject Matter Jurisdiction
Power over issues involved in the case.
Federal Question Jurisdiction
Plaintiff can sue in federal court by alleging a violation of the Constitution or federal law.
Plaintiff can sue in federal court if there is diversity of citizenship and the amount in controversy exceeds $75,000.
Rule on motions and preside over trials. Appointed by the President and confirmed by the Senate. Enjoy lifetime tenure.
Writ of Certiorari
Procedure for requesting a second review.
Matter of right to review their case by a higher court.
Power to review laws passed by Congress and declare them unconstitutional. Power to review actions taken by the executive branch and declare them unconstitutional.
Judicial power should not be used except in unusual cases.
Judicial power should be used whenever the needs of society justify its use.
Party who files a civil action.
Party who is sued or against whom criminal charges are brought. May bring counter-claim and/or third party.
Standing to sue
Plaintiff establishes that he or she is entitled to have the court decide the dispute.
Defendant wants to sue the plaintiff.
Court has the authority to make orders over the person.
Notice to appear in court.
Laws permitting service of process beyond a state's borders if the defendant had minimum contacts with the state.
Process of requesting and transporting a prisoner from one state to another.
One or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.
Legal documents written by attorneys filed with the court.
A pleading asks the court to make a ruling on an issue in a case.
Contains allegations by the plaintiff and a statement or request of the relief sought.
Admit or deny each allegation of the plaintiff's complaint and may contain affirmative defenses that will defeat the plaintiff's claim.
If the defendant does not respond in any way, the court may grant the plaintiff the relief sought by the complaint.
-Requests for Production of Documents
-Requests for Admissions
Potential jurors are drawn from record of eligible citizens.
Potential jurors are called to the jury box to answer questions about themselves. To speak the truth.
Either party may challenge a potential juror for a specific reason, or for cause, and ask the judge to excuse that potential juror. NO LIMIT.
Each party may excuse a certain number of potential jurors without giving a reason by using peremptory challenges.
Each party's attorney tells the jury what he or she expects to prove at trial.
Attorneys summarize the evidence for the jury.
What jurors can and cannot consider evidence. Applicable law. Must render a verdict.
Burden of Proof
Refers to the level of proof required to prove or disprove a fact, and/or win a case.
Criminal Burden of Proof
Beyond a reasonable doubt.
Civil Burden of Proof
Preponderance of the evidence. Clear and convincing.
Lawyer orally asks questions of the possible witness and an oral response is given.
Evidence that are sworn statements.
Lacking in merit.
Judgement as a Matter of Law
Entered in favor of the party that won the jury's verdict.
The party appealing at the appellate court.
The successful party in trial court.
The party initiating the petition at the Supreme Court.
The other party being represented at the Supreme Court.
Having a portion of debtor's wages paid to the court, which in turn pays the creditor.
Court official seizes from property of the debtor, sells it, and applies the proceeds to the creditor's claim.
A decision of the court has become final.
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