Note for LGS 200 with Professor Dockery at UA-Honors Legal Env Business
Note for LGS 200 with Professor Dockery at UA-Honors Legal Env Business
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This 5 page Class Notes was uploaded by an elite notetaker on Friday February 6, 2015. The Class Notes belongs to a course at University of Alabama - Tuscaloosa taught by a professor in Fall. Since its upload, it has received 50 views.
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Date Created: 02/06/15
Chapters 14 Legal Studies TEST THURSDAY September 29 2011 1 Natural law belief that government and the legal system should re ect universal moral and ethical principles that are inherent in human nature oldest and most significant schools oflegal thought Legal positivist school of legal thought centered on the assumption that there is no law higher than the laws created by a national government Legal realist school oflegal thought that advocated a less abstract and more realistic approach to the law an approach that takes into account customary practices and the circumstances in which transactions take place Constitutional law body of law derived form the US constitution and the constitutions of the various states 5 Statutes primary sources of law sources that establish law 9 9 Common law body of law developed from custom or judicial decisions in English and US courts not attributable to a legislature Stare decisis a common law doctrine under which judges are obligated to follow the precedents established in prior decisions Plaintiff one who initiates a lawsuit 10Defendant one against whom a lawsuit is brought the accused person in a criminal proceeding 14 Ethics moral principles and values applied to social behavior 16 Utilitarian ethics approach that evaluates behavior in light of the consequences of that behavior for those who will be affected by it rather than on the basis of any absolute ethicalmoral values a quotgoodquot decision results in the greatest good for the greatest number of people affected by the decision 18Diversity of Citizenship basis for federal district court jurisdiction over a lawsuit between 1 citizens of different states 2 a foreign country and citizens ofa state or of different states or 3 citizens ofa state and citizens ofa foreign country 19In rem jurisdiction jurisdiction over property that is located within its boudaries quotjurisdiction over the thing 20Long arm statute state statute that permits a state to obtain personal jurisdiction over nonresident defendants Defendant must have quotminimum contacts with that state for the statute to apply 21Venue geographic district in which a legal action is tried and from which the jury is selected 22Standing to sue requirement that an individual must have significant stake in a controversy before he or she can bring a lawsuit The plaintiff must demonstrate that he has been either injured or threatened with injury 23 Original jurisdiction known as trial court courts having original jurisdiction are courts of the first instance or trial courts that is courts in which lawsuits begin trials take place and evidence are presented In a federal district court are trial courts 24Appellate jurisdiction act as reviewing courts cases can only be brought before appellate courts on appeal from an order ofa trial court or lower court 25udicial review process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch 26Writ of certiorari a writ from a higher court asking the lower court for the record of a case 27 Complaint the pleading made by a plaintiff alleging wrongdoing on the part of the defendant the document that initiates a lawsuit 28 Answer procedurally a defendant s response to the plaintiff s complaint 29Pleadings statements made by the plaintiff and the defendant in a lawsuit that detail the facts charges and defenses involved in the litigation The complains and answer are part of the pleading 30Discovery a phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial 31Depositions the testimony ofa party to a lawsuit or a witness taken under oath before a trial 321nterrogatories a series of written questions for which written answers are prepared by a party to a lawsuit usually with the assistance of the party s attorney and then signed under oath 33Negotiation a process in which parties attempt to settle their dispute informally with or without attorneys to represent them 34 Mediation settling disputes outside of court by using services of a neutral third party called a mediator who proposes solutions 35Arbitration settling of a dispute by submitting it to a disinterested third party other than the court who renders a decision that is most often legally binding 40Commerce clause provision in Article 1 Section 8 of the constitution that gives congress the power to regulate interstate commerce a Heart ofAtIanta Motel v US b Katzenbach v McClung Ollie39s BBQ i saying that they had business across state lines 75 of motel visitors were outofstate almost all of BBQ prepared was from outof state c Power over commerce authorizes the national government to regulate every commercial enterprise in the US 41 Police powers powers possessed by the states as part of their inherent sovereignty These powers may be exercised to protect or promote the public order health safety morals and general welfare a Unless it substantially affects interstate commerce 2 Raymond Motor Transportation v RiceLimits size of 18 wheelers 42Supremacy clause clause in constitution that provides that the constitution laws and treaties of the US are quotthe supreme law of the land StateLocal laws that contradict federal law will render state local law invalid a The City ofBurbank v air terminal preemption decided to overrule states decision to limit air travel from 11pm5am 431st amendment rights freedom of religion speech and the press and the rights to assemble peaceably and to petition the government 44 Bill of rights 1St 10 amendments to the US constitution added later protection from the federal government read over a 14th amendment protection from the states 45Establishment clause prohibits the government from establishing any state sponsored religion or enacting any law that promotes religion or favors one religion over another 46 Substantive due process protects an individual s life liberty or property against certain government actions regardless of the fairness of the procedures used to implement them limits what the government may do in its legislative and executive capacities pg 121 47 Checks and balances principle where the powers of the national government are divided among three separate branches executive legislative and judicial branches each ofwhich exercises a check on the actions of the others 48 Uniform laws model created by the National Conference of Commissioners on Uniform State Laws Ifa state adopts the law it becomes statutory law in that state Each state has the option of adopting or rejecting all or part ofa uniform law 49Law a body of enforceable rules governing relationships among individual and between individuals and their society 51usticiable controversy controversy that is not hypothetical or academic but real and substantial requirement that must be satisfied before a court will hear a case 52Voire dire old French phrase meaning quotto speak the truth Legal language the phrase refers to the process in which the attorneys question prospective jurors to learn about their backgrounds attitudes biases that may affect their ability to serve as impartial jurors 53Equal protection provision in the 14th amendment to the constitution that guarantees that no state will quotdeny to any person within its jurisdiction the equal protection for the laws Mandates that the state governments must treat similarly situated individuals in a similar manner Sample Questions 1 Sam a citizen of New Mexico wants to file a lawsuit against Tonya a resident of Texas Their diversity of citizenship would follow which of the following A any court exercised in rem jurisdiction B federal district court to exercise original jurisdiction C US Court of appeals to exercise appealate D US Supreme Court to issue a writ of certori 2 In Able v Baker a state supreme court held that the minor could cancel the contract for the sale of a car Now the trial court of the same state is deciding the decision ofa similar C2156 A follow common law must LOOK at a precedent and make their own decisioncan overturn the precedent B disregard the previous case C cancel the contract D fulfill the contract 3 TRUEFALSE Voire dire is the process ofpresenting evidence in the case FALSE process of selecting jury
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