What form of Law is the US legal system built on?
What state is the exception?
Common Law
Louisiana
Define Common Law
Standardized court system with a reliance on trial by jury, precedents, writs and equity.
Define Stare Decisis
to stand by that which is decided - precedents.
What is an injunction?
Court order preventing or terminating injurious conduct.
Define Equity
From Aequitas meaning justice or equality. Fairness.
Define the Writ of Habeas Corpus
Show the body. Show just cause for holding a person in custody.
Define Standing.
Plaintiff must show actual or imminent injury or damage to sue
What are Enumerated Powers in reference to the Constitution? What does this mean?
Article I, Section 8 of the Constitution contains the Enumerated Powers of Congress. Congress alone has the right to make all laws which shall be necessary for executing these powers.
What is a paralegal?
A person qualified by education, training, or work experience who is employed by a lawyer or other entity who performs specifically delegated substantive legal work, for which a lawyer is responsible.
What can't a paralegal do?
accept cases
cannot give legal advice
cannot negotiate for clients
cannot represent clients in court
cannot set fees
What can a paralegal do?
client interviews
locate and interview witnesses
conduct research
draft documents for atty review
draft correspondence and pleadings for atty review and signature
summarize depositions etc for atty review
can attend various legal proceedings with the atty
What is the function of the Appellate Court?
to correct legal errors made by lower courts.
What branch of government is responsible for making laws?
Legislative
What branch of Government is responsible for interpreting laws?
judicial
What is an example of a case of exclusive jurisdiction of the federal courts?
Bankruptcy
What is the Supremacy Clause of the US Constitution?
Defined in Article 4 paragraph 2. States that the Constitution and any laws and treaties created by it's authority shall be the supreme law of the land and all judges bound thereby.
What is the U.S. Code?
Volumes of books containing the Laws created by Congress broken down into 50 subjects (titles). U. S. C. A.
What types of cases fall under federal jurisdiction?
Constitutional
Bankruptcy
Federal Law
What courts can hear cases of Diversity of Citizenship actions?
Either Federal or State - Plaintiff chooses. However; defendant can have it moved.
What is a Writ of Certiorari?
Request to the Supreme Court to hear a case.
What is the Bill of Rights?
The first 10 amendments to the Constitution enumerating particular protections for individual liberties.
What is the 1st amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Govt. for a redress of grievances.
Freedom of religion, speech, press, assembly and redress.
What is important about the 14th Amendment?
Contains Equal Protection Clause.
What freedom does the 4th Amendment cover?
Freedom from unreasonable search and seizures.
What is the Federal Court Structure?
1. U.S. District Court - Trial Court (94 Districts)
2. U.S. Court of Appeals (13 Districts) reviews not retries cases. Will Affirm, Remand or Reverse lower court ruling.
3. U.S. Supreme Court - discretionary review. Must review State Law vs Constitution cases and also has exclusive original jurisdiction in suits between States.
What is the AZ. State Court Structure?
1. Courts of Limited Jurisdiction: Municipal or City Court and Justice Court - limited to criminal misdemeanors, violation of city code and injunctions against harassment. Civil cases less that $10K and traffic violations.
2. AZ Superior Court: Court of general jurisdiction, trial court and Appellate Court for Municipal and Justice Courts.
3. AZ Appeals Court: 2 branches and judges appointed by Governor.
4. AZ Supreme Court: Discretionary jurisdiction, 5 judges appointed by Governor. Must review death penalty cases directly from Superior Court. In Charge of State Bar and regulating attorneys.
What are the Articles of Confederation?
Article I creates Legislature
Article II creates Executive
Article III creates Judiciary
Definition of LAW
Law is a system or enforceable rules adopted by a controlling body to govern the conduct of society.
Natural Law
Natural rights theory - emphasizes individual's right to make personal choices as long as those choices don't interfer with another's rights.
Legal positivism
emphasizes the institutional rule of law and which distinguishes law from morality.
Socialogical jurisprudence
promotes society's values as the measuring stick for right and wrong; it evaluates a legal rule by looking at its social effect.
Legal realism
philosophy which determines what reasonable people would do in a given situation and then sanctions that conduct.
Substantive Law
legal rule which creates or defines rights and duties.
Procedural Law
complements substantive law by providing mechanisms to enforce substantive rights and duties.
Public Law
rules involving the relationship of govt to society
Private Law
rules which involve the relationship of private individuals. Most civil law.
Criminal Law
rules designed to protect society by providing minimum standards of conduct which must be observed by each of its members.
Felony
crime where the maximum possible punishment is either death or imprisonment for 1 year or more.
Misdemeanor
crime for which the maximum possible sentence is either a fine or imprisonment for less than a year.
Civil Law
legal rules which focus on the rights and duties of individuals in relation to each other.
Tort
wrongful act for which the law provides a remedy, typically monetary. Can be: Intentional (assault), unintentional (negligence) and strict liability (defective products)
Remedy at law
seeks damages (money)
remedy in equity
requests a specific act eg: injunction, rescission, reformation, or specific performance
Institutional Sources of Law
Constitution, Administrative Rules and Regs, Uniform State Laws and Model acts, Common Law.
Due process
fundamental fairness
Subject matter jurisdiction
the type of case which a court is authorized to hear
Limited jurisdiction
Federal courts are courts of limited jurisdiction - they cannot hear every type of case presented, only those listed in it's creating provision or statute.
Exclusive jurisdiction
only that court can hear certain cases eg: bankruptcy can only be heard by the Federal Bankruptcy court.
Concurrent jurisdiction
more than one court can hear the case
In Rem Jurisdiction
in relation to the thing - the subject matter of the suit relates directly to property located within the court's geographic boundary lines.
Comity
respect for the laws of other nations.
Replevin
requires return of of specific personal property to the defendant's possession
Ejectment
requires return of specific real property to the defendant's possession
Equitable remedies
fashioned by courts to achieve fairness when legal remedies are inadequate for that purpose.
Restitution
focuses on the defendant's gains - prevents defendants from profiting by their wrongful conduct.
The federal bankruptcy court is an Article III court. T/F
False
Judges of hte federal district court are appointed by the president, with approval by the Senate. T/F
False
Only the U.S. District Court has jurisdiction to hear cases involving foreign ambassadors. T/F
False
Most uniform laws originated from the National Conference of Commissioners on Uniform State Laws. T/F
True
Civil Law has existed since before the time of Christ. T/F
True
The U.S. Supreme Court may hear appellate cases by
D. two of the above
Treaties between the U.S. and foreign nations are signed by the president and ratified by
C. the Senate
If KY wishes to file suit against TN for violation of an interstate compact, the suit may be filed in the
D. US Supreme Court
Decisions of administrative agencies must be supported by
B. substantive evidence
A maxim of equity courts is that "one who comes into equity must come with a clean heart" T/F
False (clean hands)
Rules adopted by administrative agencies are classified as statutory law. T/F
True
A person who commits murder may be prosecuted either in federal court or in state court. T/F
False
Diversity jurisdiction in federal district court requires
B. citizens from different states and an amount in controversy of more than $75,000.00
A jury of twelve peers in civil cases is
D. none of the above
A distinguishing feature of equity courts is that
B. no jury trials are allowed.
The principle of stare decisis prevents a court from deviating from rules of precedent set in prior cases. T/F
False
Notice of suit issued by the court to a defendent
summons
A bill of attainder is a law directed against a particular person or against a particular group and is forbidden specifically by Article I of the Constitution. T/F
True
The right of privacy is contained in the Third Amendment of the constitution. T/F
False
Arbitration is binding upon the participants, but mediation is not binding. T/F
True
A uniform law is a law that is identical in each of the fifty states. T/F
False
The term adjective law and procedural law are synonymous. T/F
True
Which of the following never can be waived by the parties or by the court?
A. subject matter jurisdiction
The doctrine by which powers are divided between the federal government and the states is called separation of powers. T/F
False
Congress may reduce or enlarge the subject matter jurisdiction of the United States District Court. T/F
True
Dan learns that Mary Lou plans to distribute brochures portraying him as a thief and a cheat, which are untrue statements. Dan's most viable remedy is
B. a suit for damages based on libel
Copyright eases are appealed to the
B. US Ct of App for the Federal Circuit
Two sources of primary law are
D. court decisions and legislative enactments
The Supreme Ct and District Ct have concurrent, original jurisdiction of matters involved foreign ambassadors. T/F
True
The US Constitution requires a state to give full faith and credit to the laws of sister states. T/F
False
Uniform laws are those statutory laws that have been adopted in substantially the same form in all 50 states. T/F
False
An administrative agency may adopt statutes that fit within the authority established by its enabling act. T/F
