LSB 3213 Exam one.docx

Constitutional Law - correct answer Supreme law that is the trump card. Federal government and the states have separate written constitutions that set forth the general organization, powers, and limits of the respective governments. Law as expressed in these constitutions. If a law violates a provision of the constitution, it will be declared unconstitutional. Statutory Law - correct answer created & passed by legislative bodies that have been elected (also includes local ordinances). A federal statute applies to all states, but a states statute only applies within states borders. Regulations & Rules (Administrative Law) - correct answer Created by government agencies who are appointed (ex. FDA., water safety) held in lower regard than statutes. Rules, orders, and decisions of federal, state, and local administrative agencies. Common Law - correct answer Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts. Criminal Law - correct answer wrongs committed against society as a whole. prosecuted by public officials on behalf of the public as a whole, not just the victim. Only in criminal law will defendant ever face the possibility of imprisonment. Plaintiff is an authority. Civil Law - correct answer relates to issues between persons or between persons and their government when relief is sought for violation of personal rights. Only monetary damages or equitable remedies are awarded. Stare Decisis - correct answer "to stand on decided cases" requires judges to follow precedent established in their jurisdictions (court has to follow its own rules). Judges must follow the decisions in their own jurisdiction, they should not overturn their own precedents unless compelling reason, judges in lower courts must follow decisions from higher, decisions from courts outside a judge's jurisdiction do not have to be followed. Plaintiff (or petitioner) - correct answer party initiating the lawsuit Defendant (or respondent) - correct answer the party against whom a lawsuit is brought. (lawsuits frequently involve more than one plaintiff and/ or defendant.) Majority opinion of the Supreme Court: - correct answer view supported by the majority (the winners) Plurality Opinion - correct answer A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called a plurality opinion. Concurring Opinionn - correct answer separate opinion written by a justice on the winning side but which outlines his or her legal reasoning which differs from the reasoning of the majority, reaches the same conclusion nevertheless. Dissenting Opinion - correct answer presents the views of one or more judges who disagree with the majority view. they wish to leave their viewpoints on record for future lawyers or judges to argue for a change in the precedent. Per Curiam Opinion - correct answer "by the court" anonymous because not authored by a specific judge, done sometimes to present a unified front, sometimes to prevent one justice from getting the glory or the flack. Is minority opinion an option? - correct answer No. No such thing. The Natural Law School - correct answer believe there is a higher/universal law that applies to all human beings and that written laws should imitate these inherent principles, and that if a law is inconsistent with these natural laws it should be disobeyed. One of the oldest and most significant schools. The Positivist School - correct answer believe that written law only applies to the citizens of that nation and there can be no higher law than a nation's positive law. (no such thing as natural law or human rights beyond those granted by the laws of a society) No good or bad laws. The Historical School - correct answer law evolves gradually and is an extension of what has been established in the past- looking at what law has been is the best guide for determining what the law should be- most likely to follow precedent. Legal Realism (school of jurisprudence) - correct answer opposite in many ways of historical school, law shaped by social forces and needs, judges consider social and economic realities when deciding cases so law can never be applied with total uniformity. Judges who adhere to this approach are most likely to depart from precedent. in personam jurisdiction - correct answer personal jurisdiction over any person or business that resides in a certain geographic area. in rem jurisdiciton - correct answer court exercising jurisdiction over property that is located within its boundaries (jurisdiction over the thing). Long Arm Statutes - correct answer the court can exercise jurisdiction over out-of-state defendants based on activities that took place within the state. before court can exercise jurisdiction it must be demonstrated that the defendant had sufficient contacts or minimum contacts with the state to justify the jurisdiction. Corporate Contacts - correct answer Courts apply minimum contacts test to determine if they can exercise jurisdiction over a corporation that is out of state. Minimum contacts requirement is usually met if the corporation advertises or sells its products within the state or places its goods into the "stream of commerce". Jurisdiction - correct answer "the power to speak the law". Original Jurisdiction - correct answer the authority to hear cases for the first time ( mostly district ) Appellate Jurisdiction - correct answer The authority of a court to review decisions made by lower courts Court of General Jurisdiction - correct answer a court that can hear nearly any type of case Court of Limited Jurisdiction - correct answer can only hear specific types of cases. (ex. Probate court regarding personal assets after death, custody). Federal Jurisdiction - correct answer Limited powers, they have subject matter jurisdiction in two situations- when a federal question is involved and when there is a diversity of citizenship. Concurrent Jurisdiction - correct answer when both federal and state courts have the power to hear a case (diversity of citizenship) Exclusive Jurisdiction - correct answer authority of only federal courts to hear and decide cases US District Courts (Federal Court) - correct answer the courts where most federal cases begin, the U.S. District Courts are courts of original jurisdiction and hear civil and criminal cases US Courts of Appeals (Federal Court) - correct answer Courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review. US Supreme Court (Federal Court) - correct answer the highest court of the United States; it sits at the top of the federal court system. Consists of nine justices. most of its work is as an appeals court. Final authority on the constitution and federal law. State Court System - correct answer Trial Court - Appellate/Reviewing Court - Highest State Courts (sometimes called supreme court). Limited Jurisdiction in Trial Courts - correct answer generally inferior trail courts. might include local municipal courts (traffic / drug courts) and domestic relations courts (custody/divorce courts) General Jurisdiction in Trail Courts - correct answer county, district, superior, or circuit courts. Jurisdiction over a wide variety of subjects including both civil disputes and criminal prosecutions. Writ of Certiorari - correct answer To bring a case before the Supreme Court a party requests the court to issue a Writ of Certiorari (an order issued by the supreme court to a lower court requiring the later to send it the record of the case for review). The court will not issue a writ unless 4 out of the 9 justices approve (rule of 4). Most are denied. Typically the court grants petitions when cases raise important constitutional questions or when the lower courts have issued conflicting decision on a significant issues. Venue - correct answer deals with choosing the most convenient location as between the possible courts that have jurisdiction. secondary issue after jurisdiction has been established.