LEGL 2700 – Test 1 Study Guide 1. Define the following:
∙ Law –
∙ Morals –
∙ Ethics –
∙ Formalism –
∙ Consequentialism –
∙ Judge –
∙ Justices –
∙ Jury –
∙ Petit jury –
∙ Lawyers –
∙ Attorneyclient privilege – ∙ Subject matter jurisdiction – ∙ Writ of certiorari –
∙ Plaintiff –
∙ Defendant –
∙ Third party defendants – ∙ Standing to sue –
∙ Personal jurisdiction –
If you want to learn more check out What is the influence of technology?
∙ Summons –
∙ Long arm jurisdiction –
∙ Statute of limitations –
∙ Class action suit –
∙ Complaint –
∙ Answer –
∙ Motion to dismiss –
∙ Discovery –
∙ Interrogatories –
∙ Deposition – We also discuss several other topics like How to find velocity using calculus?
∙ Motion to compel discovery – ∙ Motion for summary judgement – ∙ Voir dire –
∙ Peremptory challenges –
∙ Batson v. Kentucky –
∙ J.E.B. v. Alabama Ex Rel. T.B. – ∙ Batson challenges –
∙ Motion for directed verdict – ∙ Burden of persuasion –
2. List and explain the five legal concepts.
3. List and explain the five legal theories. (know who founded each one)
4. Compare and Contrast Legal Systems:
∙ Common Law v. Civil Law
∙ Criminal v. Civil Law
5. Put the following in order of hierarchy: Case Law, State Constitutions, Federal Regulations, State Statutes, Local Rules, U.S. Constitution, Federal Statutes, State Regulations
6. Compare and contrast formalism and consequentialism. Who founded them?
7. Match the person with the right ethical belief (be able to define the beliefs):
a. Immanuel Kant 1. Utilitarianism If you want to learn more check out What is the socialist economy?
b. Jeremy Benthem 2. Categorical Imperative c. John Rawls 3. Social Contract Theory
8. Name the five ethical themes.
9. Name the three common obstacles for ethical behavior.
10. What are the three levels of federal court? How many courts are in each level? 11. How are federal court judges appointed?
12. What are the advantages and disadvantages of a judge serving for life? 13. What are the three levels of the state court system?
14. What is the difference between general jurisdiction and limited jurisdiction? 15. What must a case involve in order to go to the federal court level? 16. How does a case qualify for diversity of citizenship? If you want to learn more check out What was the concept of the temple of artemis?
17. What are the three methods of the discovery process of a trial?
18. Match the level of burden of proof with the correct definition. (know which ones goes with civil or criminal cases)
a. Beyond a reasonable doubt 1. Most of the evidence supports one party; 51% b. Preponderance of the evidence 2. Highest standard because more is at stake c. Clear and convincing proof 3. More evidence than 51% If you want to learn more check out What are the motion graphs?
19. What five factors should be considered when deciding on an organizational structure?
20. Describe the creation, continuity, managerial control, liability, and taxation of: a. Sole proprietorship –
b. General partnership –
c. Limited partnership –
d. S corporation –
e. Corporation – Don't forget about the age old question of The phonograph is invented by whom?
f. Limited liability company –
∙ Law – rules that are enforced
∙ Morals – principles of right conduct based off of something internal; the collection of values that guide our behavior
∙ Ethics – principles of right conduct based off of something external; a systematic statement of right and wrong together with a philosophical system that justifies and necessitates rules of conduct
∙ Formalism – look at the actions to determine ethics; an action is either always right or always wrong
∙ Consequentialism – look at the outcome to determine the ethics
∙ Judge – the person who operates our court and determines the applicable rules of law to be used to decide the case
∙ Justices – members of the court who make decisions that deal directly with people in conflict
∙ Jury factfinding body
∙ Petit jury the trial jury that returns a verdict in both criminal and civil cases
∙ Lawyers serve as the representative advocates in our court system; present the evidence, the points of law, and the arguments that are weighed by juries and judges in making their decisions
∙ Attorneyclient privilege the law does not permit a lawyer to reveal confidential communications with a client
∙ Subject matter jurisdiction – the power over the issues involved in the case
∙ Writ of certiorari the procedure for requesting a second review of a case; less than 5% of these requests are granted; usually granted to cases of substantial federal importance or involving misinterpretation of federal law; granted if 4 of the 9 judges vote to take the case
∙ Plaintiff – the party who files a civil action
∙ Defendant – the party that is sued
∙ Third party defendants an additional party that is brought into the case if a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties
∙ Standing to sue established by the plaintiff to establish that (s)he is entitled to have the court decide the dispute; must establish: (1) the litigation involves a case or controversy and (2) a personal stake in the resolution of the controversy
∙ Personal jurisdiction – a court’s authority over the parties to a case; obtained over the plaintiff when they file the suit
∙ Summons – a notice to the defendant to appear in court
∙ Long arm jurisdiction provide for the service of process beyond a state’s boundaries; valid and constitutional if they provide a defendant with due process of law; applies if the defendant (1) has committed a tort within the state, (2) owns property within the state that is the subject matter of the lawsuit, or (3) has entered into a contract within the state or transacted the business that is the subject matter of the lawsuit within the state
∙ Statute of limitations – deadline by which the case must be filed
∙ Class action suit – one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim; the combined interest of all members of the class not only makes litigation feasible, it often makes it very profitable for the lawyer who brings the suit
∙ Complaint pleadings filed by a plaintiff that starts a lawsuit
∙ Answer a written pleading by the defendant in response to the complaint
∙ Motion to dismiss – argument made by the defendant to the judge that the case does not break the law
∙ Discovery procedures that are designed to ensure that each party is fully aware of all the facts involved in the case and of the intentions of the parties
∙ Interrogatories written questions presented to the opposing party which must be answered; least expensive method
∙ Deposition the lawyer orally asks questions of the possible witnesses and an oral response is given; most expensive method
∙ Motion to compel discovery – a motion filed if the opposing party refuses to provide documents during discovery
∙ Motion for summary judgement – a request for the judge to decide the case before trial if all evidence supports one party over the other
∙ Voir dire “to speak the truth”; an examination that allows the court and often the attorneys for each party to examine each potential juror and his/her qualifications and ability to be fair and impartial
∙ Peremptory challenges – a lawyer’s ability to dismiss a potential juror without a specific reason
∙ Batson v. Kentucky – outlawed racial discrimination in jury selection ∙ J.E.B. v. Alabama Ex Rel. T.B. – outlawed gender discrimination in jury selection
∙ Batson Challenges – a challenge against a peremptory challenge when the lawyer is suspicious of discrimination during jury selection
∙ Motion for directed verdict applies if the evidence establishes as a matter of law that the party making the motion is entitled to a verdict
∙ Burden of persuasion the responsibility to convince the trier of facts on the issue involved; if the party with this burden fails, they lose the lawsuit; a legal device used to help determine the rights of the litigating parties
2. (1) Laws – rules that are enforced, (2) Rule of Law – laws apply equally to everyone, (3) Property Rights – a right to exclude others from using your resources, (4) Transparency – laws are easy to understand, (5) Equal Access to Legal Systems
3. (1) Natural Law – founded by Cicero: laws are universal moral principles; John Locke added the theory of private property rights, (2) Positivism – founded by Jeremy Benthem: law is created by people and recognized by legal authorities, (3) Historical School – founded by Savigny: each society’s laws should reflect their own customs and traditions, (4) Sociological Jurisprudence – founded by Roscoe Pound: laws should evolve with society, (5) Legal Realism – founded by Wendell Holmes Jr. and William James: law should observe how police and judges interpret and enforce laws
4. (1) Common Law – case law / precedent; “stare decisis”, Civil Law – judges’ decisions do NOT become legal precedent, (2) Criminal Law – prosecute someone for violating the law, Civil Law – private dispute for money
5. (1) U.S. Constitution, (2) Federal Statutes, (3) Federal Regulations, (4) State Constitutions, (5) State Statutes, (6) State Regulations, (7) Local Rules, (8) Case Law
6. Formalism – individual rights should prioritized; look at the action to determine the ethics; an action is either always right or always wrong
a. Immanuel Kant – “Categorical Imperative” – you should always behave the way you want other to behave to you
b. John Rawls – “Social Contract Theory” – a theory that proposes a way to construct a just society given the many inequalities of wealth, knowledge, and social status
Consequentialism – look at the outcome to determine the ethics
a. Jeremy Bentham – “Utilitarianism” – the ethical choice does the greatest good for the greatest amount of people, even if it violates individual rights
7. a. Immanuel Kant – Categorical Imperative
b. Jeremy Bentham – Utilitarianism
c. John Rawls – Social Contract Theory
8. (1) respect for liberty/rights of individuals, (2) duty to act in good faith, (3) duty of due care, (4) honor confidentiality, (5) duty of loyalty; avoid conflicts of interest
9. (1) overemphasis on profit, (2) group dynamics, (3) control of resources by nonowners
10. (1) U.S. Supreme Court – 1 court, (2) U.S. Court of Appeals – 13 circuits, (3) U.S. District Courts – 94 district courts
11. Federal court judges are appointed by the president, approved by the Senate, and serve for life
12. Advantage – no political influence; disadvantage – disconnect between society and (older) judges’ opinions & if they’re bad, we’re stuck with them
13. (1) State Supreme Court, (2) State Court of Appeals, (3) Superior/Trial Court
14. General jurisdiction has the power to hear any type of case while limited jurisdiction has the power to hear only certain types of cases
15. (1) federal question, (2) U.S. is a party in the lawsuit, (3) state v. state, (4) diversity of citizenship
16. (1) all of the plaintiffs are from different states from all of the defendants, (2) must sue for over $75,000
17. (1) written interrogatories, (2) request for production of documentation, (3) depositions
18. (a) Beyond a reasonable doubt – highest standard (Criminal), (b) preponderance of the evidence – most of the evidence supports one party; 51% (Civil), (c) clear and convincing proof – more evidence than 51%
19. (1) creation, (2) continuity, (3) managerial control, (4) liability, (5) taxation 20.