congress not these helpers. Maybe they can advice etc but not able to pass laws that we have to abide by. This would make less laws being passed bc these regulations cant make laws. • If a company had this convo of what we would do a few years before competitors, it could be a competitive advantage. Exam Review: • 30 question • MC test. • 60 min test. • About half definition type questions. o What a legal idea is o Or define it
• Other half are application type questions o Scenario type question • Most all come from lecture material • 25 on lecture material o reflect amount of class time on a topic • 5 on reading assignment o big picture question Book Notes Ch1: Precedent: The obligation to decide current case based on previous rulings Common Law: judge-made law Statue: A law passed by a legislative body Equity: A courts power to fashion a remedy, such as an injunction, which the common law does not provide. Criminal Law: Prohibits or requires certain behavior Civil Law: civil law regulates the rights and duties between parties Substantive Law: Defines the rights of the parties Procedural Law: establishes the processes for settling disputes Jurisprudence: the Philosophy of law Sovereign: The recognized political power, whom citizens obey Kuehn v. Pub Zone: Pub where she knew gang members came in. Had a sign etc. Decision was reversed and Pub did have a duty to protect the guy from the attack. Ch 3 Litigator: Lawyer who handles court cases Litigation: The process of filing claims in court and ultimately going to trial.
Alternative Dispute Resolution: Any formal or informal process used to settles disputes without trial. Trial Courts: Determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions Jurisdiction: A courts power to hear a case Appeals courts: generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law. Error of law: A finding by an appellate court that a law was misapplied or misinterpreted. Appellant: The party filing the appeal Appellee: The party opposing the appeal Briefs: Written arguments on the case Reversed: Nullfied Affirmed: Permitted to stand. Federal Question: A case in which the claim is based on the US Constitution, a federal statue, or a federal treaty. Diversity Jurisdiction: The plaintiff and defendant are citizens of different state and the amount in dispute is greater than 75,000. Writ of certiorari: A petition asking the Supreme Court to hear a case. Pleadings: The documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply Complaint: A short, plain statement of the facts alleged and the legal claims made. Default Judgment: A decision that the plaintiff wins without a tiral because the defendant failed to answer in time. Counter-claim: A second lawsuit by the defendant against the plaintiff. Reply: An answer to a counter-claim Class Action: One plaintiff represents the entire group of plaintiffs including those who are unaware of the lawsuit or even unaware they were harmed.
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- Spring '08
- Law, Appellate court