Section 1
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common law
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Last updated
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Date created
Mar 1, 2020
Cards (58)
Section 1
(50 cards)
common law
law created by the courts
regulation
a law promulgated by an administrative agency.
fact bound
Legal questions/issues are
concurrent jurisdiction
when more than one court has jurisdiction to hear a case
statues
enacted by Congress or state legislatures
Appellant/Petitioner
person who files an appeal
Standard of proof in civil cases
preponderance of evidence
trial/appellate and state/federal
The two primary ways in which the parallel court systems are organized
judicial review
The courts have the power to review the constitutionality of statutes.
standard of proof in criminal courts
beyond a reasonable doubt "clear and convincing"
trial courts
Courts that determine answers to questions of fact and questions of law
diversity of citizenship
opposing litigants come from two different states and amount in controversy exceeds $75,000 only applies in civil cases
holding
the courts ruling/decision
jurisprudence
approaches to understanding the law
total preemption
federal government can legislate in a given area
true
criminal defenses can be raised to negate mens rea or justify actus reus
originalism approach
judges attempt to determine what the average person living at the time the constitutional provision was adopted thought it meant at the time
persuasive authority
equal or a lower court from the same jurisdiction or from a higher court in a different jurisdiction.
substantive area of civil law (examples)
torts, contracts, property, divorce
US Supreme Court
The branch of government that has the final say in when a statute is constitutional
common law
The law courts rely on when no constitutional, statutory, or administrative regulations apply.
mandatory authority
higher court in the same jurisdiction
constitution
the fundamental law of a nation or state.
preemption
The term used to describe instances where only the federal government can legislate in a given area
criminal law
The type of law that deals with harm to society as a whole
legal analysis
Identify and review relevant facts Apply the law to relevant facts Review any applicable legal rules
juridiction
The power (ability) of a court to hear a specific case
contextual approach
parts of the same document/similar documents are examined to see how the same words/phrases were used in the related contexts
plain meaning approach
key terms interpreted using the dictionary definitions and ordinary conversations
comparative negligence
When the jury compares the negligence of the plaintiff to that of the defendant.
federal law
The type of law that applies to a legal issue regarding the U.S. Constitutional, a federal statute, or a federal regulation
strict liability
The doctrine under which, a defendant can be made liable even though the defendant was not negligent and did not intend to harm anyone.
stare decisis
the doctrine for relying upon the holdings in prior similar cases
leglislative dominance
the power of Congress to amend a statute if the court incorrectly interprets the meaning (Congress can change the meaning of the law)
federal questions
a federal statue, a federal regulation, or the US constitution
exclusive jurisdiction
when only one court has the power to hear a case
case by case preemption
passing laws that conflict with federal laws ex; marijuana case (Gonzales v. Raich)
legislative history approach
judges attempt to determine what the drafters intended to accomplish by passing the law
commerce clause
power to regulate interstate commerce, among the several states (Gibbons v. Ogden) "interstate commerce"
law
rules of conduct created and enforced by designated governmental bodies
procedural law
Rules that govern how the legal system operates
federal courts
Courts that can hear cases dealing with state law issues if the litigants are from different states and the amount in controversy is over $75,000
necessary and proper clause
power to make laws that are necessary and proper for executing enumerated powers (McCulloch v. MD) "doctrine of implied powers"
limited jurisdiction
Courts that only hear specialized issues for areas such as probate, domestic relations, traffic, juvenile and small claims
judicial branch
The branch of government that has the power to interpret the meaning and constitutionality of regulations
concurring opinion
An opinion that agrees with the decision reached by the majority, but disagrees with the reasoning
ordinance
a law enacted by a local government
cause of action
A claim that, based on the law and the facts, is sufficient to support a lawsuit.
prima facie case
must prove (at the same time); mens rea (bad intention) actus reus (bad act)
Writ of certiorari
an appeal to the U.S. Supreme Court
Section 2
(8 cards)