Name the 4 sources of law
US and state Constitution(s), statutory law, regulatory law, and case law
Define statute of limitations
A set amount of time in which a claim must be brought
Define stare decisis
The stand on previous decisions, courts must follow precedent
Why is precedent important?
It gives guidance so that the same issues aren't re-litigated, gives parties guidance, and allows the courts more efficiency since they have fewer issues to resolve.
Why is the dissenting opinion important?
Dissenting opinions analyze legal principles and can be used by lower courts to apply principles that are related to but not controlled by majority opinion. It can also, over time, convince a majority and overrule the original majority decision.
What is the difference between in personam jurisdiction and subject matter jurisdiction?
In personam is over any person or business that resides in a geographic area and subject matter is jurisdiction over certain types of cases.
What 3 things must be shown for a court to have standing?
Must show the plaintiff suffered a harm, defendant's conduct was the cause of harm, and the court can offer a remedy.
What questions do juries answer?
Juries answer questions of fact (rather than questions of law, answered by trial courts)
Name three types of billing for attorneys
Fixed, hourly, and contingency
What is discovery and what are 4 types?
Discovery is when both sides in a civil lawsuit gather relevant information from each other about the case. Four types are: depositions, interrogatories, requests for admissions, and requests for examinations.
What is alternative disputes resolution?
Methods of resolving disputes other than litigation, such as negotiation, mediation, and arbitration.
What is mediation?
A form of assisted negotiation in which a neutral third party acts as a mediator and works with both sides to settle a dispute.
What are the advantages of ADR?
It tends to be faster, less expensive, and more flexible to the people involved.
What must be shown to have an award set aside?
Must show that the arbitrator made a decision that was against public policy or illegal, or that there was a defect in the arbitration process.
What is moral minimum?
The lowest level of conduct society will tolerate from a business.
What is the Sarbanes-Oxley Act?
Law passed as a result of the Enron scandal; it requires companies to adopt a code of ethics and to set up anonymous reporting systems.