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
- Baker
- Law, Appellate court