Test One (Ch.1-4)

of the four primary laws which one takes precedence?

the body of law derived from the U.S. Constitution and the constitutions of various states.

the body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law)

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

the doctrines and principles announced in cases--governs all areas not covered by statutory law or administrative law and is part of our common law tradition.
It includes the aggregate of reported cases that interpret judicial precedents, statues, regulations, and constitutional provisions.

a publication that summarizes or interprets the law, such as a legal encyclopedia, a legal treatise, or an article in a law review.

It facilitates commerce and trade among the states by providing uniform, yet flexible, set of rules governing commercial transactions. It assures businesspersons that their contracts, if validly entered into, normally will be enforced.

which states have adopted the ucc?

the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to legislature.

there were no statutes or anything. problems were brought to the king and he would render a decision. it was used commonly throughout england.
same as judge law because the judge made the decision

Where did common law originate?

a federal or state statute setting the maximum time period during which a certain action can be brought or certain rights enforced.

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions.

what are the two aspects of stare decisis?

a federal or state government agency estab. to perform a specific function. They are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts.
federal:
FDA, FCC, homeland security
state:
wildlife and fisheries, dept. of agriculture

the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. it is between individual policies

law that defines and governs actions that constitute crimes. generally, criminal law has t do with wrongful actions committed against society for which society demands redress.
the plaintiff will always be the state or government.

when all judges or justices unanimously agree on an opinion

when the decision is not unanimous, but 5 out of 9 judges or justices for example agree with it then it is a what kind of opinion

presents the views of one or more judges who disagree with the majority's decision. This is important because it may form the basis of the arguments used years later in overruling the precedential majority opinion

the study of what constitutes right or wrong behavior.

Why is ethics important?

when one makes a decision based on this standard, it is formed based upon religion bc of an obligation to religion. Under this is the principle of rights (the right to own property) and you cannot make a decision based upon someone else's rights....only based on the obligation you have to make it.

an approach to ethical reasoning 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 ethical or moral values. In this reasoning, a "good" decision is one that results in the greatest good for the greatest number of people affected by the decision.

the principle that human beings have certain fundamental rights (to life, freedom, and the pursuit of happiness, for example) those who adhere to this "rights theory" believe that a key factor in determining whether a business decision is ethical is how that decision affects the rights of various groups. these groups include firm's owners, employees, the consumers of its products or services, its suppliers, the community in which it does business and the society as a whole.

a decision-making technique that involves weighing the costs of a given action against the benefits of that action.

the cost-benefit analysis falls under which ethical standard?

the idea that corporations can and should act ethically and be accountable to society for their actions.

if i'm the manager of a corp. I'm going to make my decision based the company as a whole. Looking at everyone that has a stake in the company
(shareholders, community, customers, employees and profit)

the idea that the corporation controls so much wealth and power of this country. business in turn has a responsibility ot society to use that wealth and power in socially beneficial ways. companies are judged on how much they donate to social causes, as well as how they conduct their operations with respect to employment discrimination, human rights, environmental concerns, and similar issues.

What is needed before a case can be heard in federal court?

the authority of a court to hear and decide a specific case. "the power to speak the law"
over the person = in personam
over the property = in  rem

the geographic district in which a legal action in tried and from which the jury is selected.

the requirement that an individual must have a sufficient stake in the controversy before he or she can bring a lawsuit. The plaintiff must demonstrate that he or she has been either injured  or threatened with injury.

In a lawsuit, an issue that involves only disputed facts, and not what the law is on a given point. They are decided by the jury in a jury trial (by the judge if there is no jury)
original court

in a lawsuit, an issue involving the application of interpretation of a law. Only a judge, not a jury, can rule on this.
appellate court--no evidence, testimony, or new info.

old french phrase meaning " to speak the truth". In legal language, the phrase refers to the process in which the attorneys question prospective jurors to learn about their backgrounds, attitudes, biases, and other characteristics that may affect their ability to serve as impartial jurors. (jury selection)

Under Article III, Section 2, of the U.S. Constitution, a basis for federal district court jurisdiction over a lawsuit between (1.) citizens of different states, (2.) a foreign country and citizens of state or different states, or (3.) citizens of a state and citizens or subjects of a foreign country. The amount in controversy must be more than $75,000 before a federal district court can take jurisdiction in such cases.

the application of getting into the Supreme court, basically.  It is basically an appeal from the supreme court to a lower court asking the lower court to send n the record of the case for review.

Is there an automatic right to be heard at the supreme court level?

What are the major pleadings and who files each one?

what are the major forms of discovery?

true or false: interrogatories is a verbal form of discovery?

which form of discovery is both written and verbal?

the testimony of a party to a lawsuit or a witness taken under oath before a trial.
verbal ones are questions answered by the doponent to the attorneys and the questions and answers are recorded by an authorized court official and sworn to and signed by the doponent.
written ones are taken when witnesses are unable to appear in court

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.

What is the main difference between written depositions and interrogatories?

What are the two pretrial motions and when and why are they filed?

a pleading in which a defendant asserts that the plaintiff's claim fails to state a cause of action or that there are no other grounds on which a suit should be dismissed. Usually the defendant is party requesting this, either the plaintiff or the court can also request it. it can be made pretrial or post trial.

courts having this are courts of the first instance, or trial courts--that is, courts in which lawsuits begin, trials take place, and evidence is presented. In federal courts, the district courts are the trial courts.

courts having this act as reviewing courts. in general, cases can be brought before these courts only on appeal from an order or judgment of a trial court or other lower court.

the process of resolving a dispute through the court system.

a process in which parties attempt to settle their dispute informally, with or without attorneys to represent them.

the settling of a dispute by submitting it to a disinterested third party (other than a court) who renders a decision that is (most often) legally binding.

a method of settling disputes outside of court by using the services of a neutral third party, who acts as a communicating agent between the parties and assists them in negotiating a settlement.

the provision in Article I, Section 8 of the U.S. Constitution that gives Congress the power to regulate interstate commerce. (business from one state to the next)
If there is an activity taking place in one state and that activity has some outside affect on commerce outside the states--that can also now be filed under the commerce clause and take it over by the federal government.

The clause in the constitution that provides the constitution, laws, and treaties of the U.S. are "the supreme law of the land". Under this clause, state and local laws that directly conflict with the federal laws will be rendered invalid

the provision in the Fourteenth Amendment to the Constitution that guarantees  that no state will "deny any person within its jurisdiction the equal protection of the laws". This clause mandates that the state governments must treat similarly situated individuals in a similar manner.

applies to the federal government.
guarantees the rights to indictment by grand jury, to due process of law, and to fair payment when private property is taken for public use. it also prohibits compulsory self-incrimination and double jeopardy (trial for the same crime twice)

applies to the state government

states that both the 5th and 14th amendments provide that no person shall be deprived "of life, liberty, or property, without due process of law". it applies to "legal persons' such as corporations, as well as to individuals.

guarantees the freedoms of religion, speech, and the press and the rights to assemble peaceably and to petition the government.

requires that any government decision to take life, liberty, or property must be made fairly; that is, the government must give a person proper notice and an opportunity to be heard.
tells you the procedure in how to do things

protects an individual's life, liberty, or property against certain government actions regardless of the fairness of the procedures used to implement them.
everything is so vague that you cannot understand it.

three types of freedom of speech?

the provision in the first amendment that prohibits the government from establishing any state-sponsored religion or enacting any law that promotes religion or favors one religion over another.
can't pick a religion for us to follow.

the provision in the first amendment that prohibits the government from interfering with people's religious practices of forms of worship.
can't interfere with an individual's choice of religion.

what are the three forms of government?

makes sure that one branch of government doesn't have too much power and it doesn't try to exert it's power over the other two.

What is the test to determine that the law will withstand the commerce clause?