What are the basic structures of federal judicial systems?
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Three main levels: district courts (the trial court), circuit courts which are
the first level of appeal, and the Supreme Court of the United States, the
final level of appeal in the federal system.
stare decisis
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"To stand by decisions and not to disturb what is settled." Once a case has
established a precedent, it should be followed in subsequent cases
involving the same issues.
,Why has the US experienced an "orgy of statute-making," as it's described in the
book?
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As legislators churn out more statutory law, there is by necessity more
printed definition of—and therefore less interpretive space for—the rules of
law, and many common law principles are modified or even eviscerated by
statutes which come along to trump them
complaint
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a pleading that is filed which must state all of the plaintiff's claims against
the defendant, and must also specify what remedy the plaintiff wants. The
defendant must respond with an answer.
JNOVs
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a motion to the judge which in effect says, "given the case provided by the
winning party, no reasonable jury could have found in that party's favor as a
matter of law.
What is the fourth step in civil procedure?
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Jury Selection- if required; in many states, you're not guaranteed a jury trial
for civil matters (and never in small claims courts).
A venlre is empaneled; voir dire occurs. As a result, parties may use
peremptory challenges to strike venirepersons from the final jury.
Do the differences between primary and secondary authority change depending on
what court one is in?
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If the legal resource is from somewhere else or here, then it becomes
controlling or persuasive
law merchant
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Various rules of commerce and trade used by business people to deal with
one another beginning in the Middle Ages and enforced by merchant
guilds.
What are alternatives to common law in use in world legal systems?
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, A civil-law or code-law system is one where all the legal rules are in one or
more comprehensive legislative enactments
majority
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a number greater than half of the total
What are the elements of the advisory opinions doctrine?
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(1) there must be two or more parties to a case,
(2) having separate and different interests in the matter before the court,
and
(3) the parties' interests must be adverse, meaning they want truly different
outcomes from the other if they win the case.
res judicata
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A court of competent jurisdiction has decided a controversy and has, in a
written opinion, set forth the rule or principle that formed the basis for its
decision; thus that rule or principle will be followed by the court in
deciding subsequent cases involving the same issues.
Give this one a try later!
Three main levels: district courts (the trial court), circuit courts which are
the first level of appeal, and the Supreme Court of the United States, the
final level of appeal in the federal system.
stare decisis
Give this one a try later!
"To stand by decisions and not to disturb what is settled." Once a case has
established a precedent, it should be followed in subsequent cases
involving the same issues.
,Why has the US experienced an "orgy of statute-making," as it's described in the
book?
Give this one a try later!
As legislators churn out more statutory law, there is by necessity more
printed definition of—and therefore less interpretive space for—the rules of
law, and many common law principles are modified or even eviscerated by
statutes which come along to trump them
complaint
Give this one a try later!
a pleading that is filed which must state all of the plaintiff's claims against
the defendant, and must also specify what remedy the plaintiff wants. The
defendant must respond with an answer.
JNOVs
Give this one a try later!
a motion to the judge which in effect says, "given the case provided by the
winning party, no reasonable jury could have found in that party's favor as a
matter of law.
What is the fourth step in civil procedure?
,Give this one a try later!
Jury Selection- if required; in many states, you're not guaranteed a jury trial
for civil matters (and never in small claims courts).
A venlre is empaneled; voir dire occurs. As a result, parties may use
peremptory challenges to strike venirepersons from the final jury.
Do the differences between primary and secondary authority change depending on
what court one is in?
Give this one a try later!
If the legal resource is from somewhere else or here, then it becomes
controlling or persuasive
law merchant
Give this one a try later!
Various rules of commerce and trade used by business people to deal with
one another beginning in the Middle Ages and enforced by merchant
guilds.
What are alternatives to common law in use in world legal systems?
Give this one a try later!
, A civil-law or code-law system is one where all the legal rules are in one or
more comprehensive legislative enactments
majority
Give this one a try later!
a number greater than half of the total
What are the elements of the advisory opinions doctrine?
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(1) there must be two or more parties to a case,
(2) having separate and different interests in the matter before the court,
and
(3) the parties' interests must be adverse, meaning they want truly different
outcomes from the other if they win the case.
res judicata
Give this one a try later!
A court of competent jurisdiction has decided a controversy and has, in a
written opinion, set forth the rule or principle that formed the basis for its
decision; thus that rule or principle will be followed by the court in
deciding subsequent cases involving the same issues.
