Law (definition)
A system of enforceable rules adopted by a controlling body to govern the conduct of a society.
King's court of common pleas
English law court; depended on issuance of writs (very technical)
Court of Chancery
English court staffed by high-ranking clergy; could decide cases based on principals of fairness
Articles of Confederation
American operated under these from the end of the Revolutionary War through the Constitutional Convention is 1787
John Locke's Natural Rights
Strongly influenced Declaration of Independence and U.S. Constitution
Bill of Rights
First 10 amendments to the Constitution; Outlined individual rights in the Constitution
Natural Law
Philosophy that emphasizes the individual's right to make personal choices as long as those choices do not interfere with another's right to make personal choices.
Legal Positivism
Philosophy that emphasizes the institutional rule of law and that distinguishes law from morality (Hard cases make bad law)
Sociological jurisprudence
Philosophy that promotes society's values as the measuring stick for right and wrong; evaluates a legal rule by looking at its social effect. (Law seen as a tool for social engineering)
Legal Realism
Philosophy that determines what reasonable people would do in a given situation and then sanctions that conduct.
The Holding
Controlling rule of law stated in a judicial opinion
Rationale
Reasoning behind a judicial decision
Substantive Law
Legal rule that creates or defines rights and duties.
(ex: Constitutional provision establishing Congress; a state statute limiting the speed of vehicles)
Either Criminal or Civil
Procedural Law
aka "adjective law"
Complements substantive law by providing the mechanisms to enforce substantive rights and duties.
(ex: Federal Rules of Civil Procedure)
Crime Classifications
Treason, Felony, Misdemeanor
Treason
Attempt to overthrow government
Felony
Crime with max possible punishment of death or imprisonment of 1+ years
Misdemeanor
Crime with max possible punishment of fine or imprisonment of <1 year
Tort
Wrongful act (besides breach of contract) for which the law provides a remedy
Contract
Enforceable agreement between 2 or more parties
Institutional Sources of Law
- Constitution
- Statutes
- Common Law
Statute
Written law enacted by either Congress or a state legislature
Erie Doctrine
There is no (federal) common law
Common Law
Rule of law announced as a holding in judicial opinion;
legal rules extracted from judicial opinions
Constitution consists of...
7 articles
27 amendments
Functions of Constitution
1. Limit power of states
2. Enumerates the powers of the federal govt by states
3. Guarantees certain fundamental rights to people of the U.S.
Federalism
State law is subordinate to federal law (Supremacy Clause)
Preemption
If federal govt preempts a field (i.e: post office) no state or private person may enter the field
Police Power
Held by states; allows states to govern areas affecting general health, safety, and welfare of its citizens
Constitution Article I
Establishes Congress (House of Representatives and the Senate)
writ of habeas corpus
order to "deliver the body" of one held in custody; typically used to secure release of a wrongfully held prisoner
Bill of attainder
Law directed against a specific person or group
Ex post facto law
Defines conduct as a crime after the act has been committed
Constitution Article II
Vests executive power in the president
Role of Congress
Enacts federal statutes; controls purse strings of nation; can override a president's veto with a 2/3 vote of both houses
House of Representatives: power to impeach judicial and executive officers
Senate: power to try all impeachments
Role of Executive Branch
Enforce federal laws, make treaties with foreign nations, appoint ambassadors, appoint judges to Supreme Court.
President has power to veto acts of Congress
Constitution Article III
Grants judicial power to U.S. Supreme Court
Judicial Review
Doctrine establishing Supreme Court as the court of final review.
Fourteenth Amendment
prohibits states from denying equal protection of the laws; requires due process and equal protection
Due Process
Clause of Fifth Amendment; means "fundamental fairness
Substantive Due Process
Requires fundamental fairness in the content of the statute or rule; cannot be arbitrary or vague
Procedural Due Process
Requires fundamental fairness in terms of notice and opportunity to be heard
Jurisdiction
The power of a court to hear a specific case
Subject matter jurisdiction
Relates to type of case a court is authorized to hear
Limited jurisdiction
The court cannot hear every type of case
General jurisdiction
Court can hear any type of case
Original jurisdiction
Actions are commenced in this court for particular types of cases
Appellate jurisdiction
Court is authorized to review decisions of an inferior court
Exclusive jurisdiction
No other court has the power to hear this type of case
Concurrent jurisdiction
More than one court authorized to hear a specific type of case
Personal jurisdiction
Court's power or authority over the parties to the litigation
Federal Court System consists of...
US Supreme Court
Court of Appeals (divided into 13 regions)
District Court (divided into 90+ federal district courts)
Number of justices in Supreme Court
9 (one chief justice and 8 associate justices)
Appellate Jurisdiction
Supreme Court has appellate jurisdiction of all appeals from 1) US Court of Appeals and from 2) highest appellate court in each state
US Court of Appeals
Exclusive appellate jurisdiction over all cases involving: copyright, patent, trademark, and plant variety protection
US District Court
Has original jurisdiction over 1) federal questions cases and 2) diversity of citizenship cases 3) admiralty, maritime, prize cases 4) Suits brought by U.S. 5) Suits against US 6) civil rights
Law and Equity Trials (combined)
Merged into one court in the early 1900s. Jury determines facts concerning legal issues; judge decides everything concerning equity issues.
bifurcated trial
legal and equitable issues of a single case tried at different times
Remedies at Law
Replevin
Ejectment
Replevin
Recovery of personal property
Ejectment
requires return of specific real property in the defendant's possession
Damages
A sum of money paid in compensation for loss or injury in a civil case
Quantum Meruit
Reasonable value deserved for one's labor, and awarded in quasi-contract.
Nominal Damages
to vindicate a right which has been violated when no monetary loss has occurred. (court typically awards a trivial amount plus court costs in that situation)
Liquidated Damages
Contract cases only.
An agreed-to sum, which will be paid if the contract is breached.
Equitable Remedies
1. Restitution / Subrogation
2. Injunction
3. Declaratory Judgment
4. Rescission
5. Reformation
6. Specific Performance