Exam #1 Review What makes a good law? Certainty Knowability Reasonableness – cultural consensus Flexibility – ability to adapt/change Nature and Sources of Law Civil law – rules governing conduct of independent parties in interactions w/ each other plaintiff lawsuit suing – judgement a TORT is a civil law Criminal law – government imposes fines or prison terms for violations of rules only gov. can call the prosecution, up to gov. to press charges victim can be unwilling to cooperate – conviction or acquittal Common law – law developed by court’s decisions where legislature has not enacted a statue Statutory law – laws a legislature ( state or federal) has enacted Federal law – U.S. gov. laws State law – state has own laws Basic Litigation Terminology Force major – greater force K or contract law – whether K exists, intent to make K, if party does not perform, writing required Private right of action – right of private person to bring lawsuit Tort – a civil wrong that is not a breach of contract Injunction – court order not to do anything anymore Interrogatories – questions in written form Subpoena – court order for paperwork Request for admission – either admit or deny AIC – amount in controversy Trial de novo – new trial Citizen – domicile with the intent of living there Remove – only defendants can remove, automatically taken to federal court to see if removal is proper (can only transfer federal court not state) Philosophy a. Utilitarianism – greatest amount of good for the greatest amount of people constantly running contrary to fundamental rights common currency value – have to be able to measure through some commonality that most people agree on; the way it is measured in law is $ b. Virtue ethics – idea that there is NOT a system but developing own virtues and wisdom when called upon, we will make the right decisions Ashing guidance problem
cultural relativity – not all virtues prized the same conflict between virtues – honesty vs. kindness justification – no authority telling you what they are (open for interpretation) c. Deontology – for a rule to be good, it must follow reason d. Rawlsian Analysis – the Social Contract Our agreement as to the rules by which society will be governed Ask: How do we reach agreement on those rules?
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- Spring '08
- Trial court, AIC, long arm jurisdiction, plaintiff lawsuit