DSST bus law flashcards - T raditional view of law...

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Traditional view of law Sociological view of law A civil action begins when law is a body of rules that courts law is a function of society to a court issues a summons apply in settling disputes promote justice and stability A plaintiff files a A complaint includes summons includes complaint a statement of facts and the copy of the complaint the basis for the lawsuit defendant will be responding to Three major reasons why Depositions are Interrogatories are dismissals may be granted 1. Court lacks jurisdiction 2. Lawsuit was filed too long after in-person sessions where one written questions the other party actual event party can ask oral questions of must answer in writing under 3. no legal claim is asserted by the other party under oath with a penalty of perjury lawsuit court reporter making a transcript Grand jury has how many What order are potential jurors Civil trial jury called what and questioned in how many members 18 to 24 people first by plaintiff's attorney petit jury and has 12 in most then by defendants states and as few as six in others What gives an attorney the The next step in trial after These reflect the actual right to reject up to three jury selection cost of damages due to breach potential jurors without giving of contract a reason peremptory challenge opening statements Liquidated damage clauses What order witnesses examined What makes an employer liable How many appeals does each for actions of his employees side get? first directly examined by the Respondeat Superior One attorney that brought them to court then cross-examined by opposing attorney Natural Law school of thought Positive law or Historical School of legal legal positivism thought law is same for all humans even bad laws can be enforced reviews past laws in the context it is written in our hearts if the lawgiver supports it of history and culture that they to be discovered through reason were framed in says immoral laws cannot be the command of an authority there is no bad law and law is obeyed figure an evolutionary process Amendment -all powers not Case where power of judicial Two major types of law granted to feds are reserved review established for states or people 10th Marbury v. Madison Substantive and John Marshall established procedural power to declare laws unconstitutional Public law includes Private law includes Court decisions published in these courts Federal court constitutional tort law New York Court trials administrative law of private injury Appellate court criminal contract law is concerned with relations concerns person to person between citizens and govt main principles of business Common Law is Non compete agmt must have ethics avoiding conflict of interest honoring confidentiality reasonable limit on time, acting in good faith not enacted by legislature place and subject matter or may satisfying the expectations of it is accumulated body of be found to be in restraint of your position court decisions trade respecting the rights of others
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