LGS Ch. 1-4 Study Guide
LGS Ch. 1-4 Study Guide LGS 200-011
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This 4 page Study Guide was uploaded by Maria Caprio on Tuesday February 2, 2016. The Study Guide belongs to LGS 200-011 at University of Alabama - Tuscaloosa taught by Dr. Ruth Ann Hall in Winter 2016. Since its upload, it has received 68 views. For similar materials see Legal Studies in Law and Legal Studies at University of Alabama - Tuscaloosa.
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Date Created: 02/02/16
LGS Study Guide Ch. 1 Types of Law Constitutional Supreme law of the land Statutory Made by legislators Common law/case law Bound by supreme court decisions Alabama supreme court (state law) and federal supreme court Administrative law Stare decisis- let the decision stand Provides for predictability in the legal system 3 branches of government legislative judicial executive system of checks and balances- no branch becomes too powerful horizontal and vertical federal watches the states and state watches municipal Ch. 2 Legal v. ethical Ethics- idea of making morally right decision Citizens united v. federal election comm Hillary the movie Citizens united made the movie but it was stopped Violated their first amendment right? Cap on election spending was lifted Queen v. Dudley and Stephens Is necessity a defense? Is there ever a defense for murder? The cabin boy was eaten bc of “necessity” Parker had no dependence and already ill False Claims Act/ Whistleblower statute Bayer’s fraud in producing Cipro Is it ethical to blow the whistle? He helped make the decision to rip off the government He wins 34 million in the case Utilitarianism Creating the greatest good for society is what is ethical End result= more good for society Cost benefit analysis Duty Based Ethics You always follow the rules- never deviate You owe it to society to do good Grimshaw v. Ford Motor Co New car by ford was designed dangerously Didn’t recall the pinto Plaintiffs knew ford made the decision to let the dangerous car still harm people Did not follow utilitarian thought Ch. 3 Courts must have jurisdiction to hear a case Residents of the state in jurisdiction Or the incident occurred within the court’s jurisdiction DUAL JUDICIAL SYSTEM State courts run for office Limited jurisdiction Probate court District court Municipal court If you lose there, appeal to circuit court Then can appeal to civil appeals or criminal appeals Or go straight to Alabama supreme court Must have an issue of constitutional question Federal courts Appointed Citizens from different states Or amount is at least $75,000 Automatically in fed court if case involves a federal question or constitutional If you lose in federal, you appeal to the district circuit of appeals according to where your case was heard Service of process A state can exercise jurisdiction over someone in another state if they had minimum contacts in that state Standing to sue Must have a stake in the outcome Jurisdiction in Cyberspace Zippo case Zippo sliding scale Look at the website to see where the jurisdiction falls Is the website active in the other state? Ecommerce? Or is it just a website that exists? Ch. 4 Litigation- civil law suit from start to finish Voir dire- question and answer process between lawyers and jury Find out if they are predisposed to one side or the other Discovery – 4 methods Take depositions- best but most expensive Request documents relative to the case 9 times out of 10 case will settle mediation- trying to facilitate a settlement when you don’t want to go to trial rd arbitration- 3 party known as an arbitrator decides if they get a monetary award binding statute of limitations window of time that a plaintiff has to file a lawsuit typically 2 years litigation process 1. File the complaint 2. The pleadings (summons) a. Make the plaintiff prove the complaint 3. Default judgement- if the defendant ignores the complaint 4. Service of process- the defendant is entitled to know that they are being sued a. Gets to tell their side of the story Trier (finder of fact) Jury trial or bench trial – judge decides Listens to both sides Hot coffee- tort reform being pushed on the country- civil justice system under attack Mcdonald’s coffee caused 3 degree burns Capping punitive damage awards? Making it more difficult on people to file complaints Spending on judicial elections Arbitration
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