Introduction to Law and the Legal System

jurisprudence

the science or philosophy of law

Natural law

law is that
which reflects, or is based on, the built-in sense of
right and wrong that exists within every person at
birth.

Historical jurisprudence

The theory that law is produced and shaped by important historical facts and developments.

Utilitarians

those who hold that an action is right that produces the greatest good for the greatest number of people

Analytical positivists

that law was a self-
sufficient system of legal rules that the sovereign
issues in the form of commands to the governed

sociological
jurisprudence

legal theory that emphasizes the importance not merely of precedent but of contemporary social context in interpreting the law. founded by Louis Brandeis. the people's lawyer.

Objectives of Law

1. Continuity and Stability
2. Adaptability
3. Justice, Speed, and Economy
4. Determining Desirable Public Policy

writ

(law) a legal document issued by a court or judicial officer

Steps in Filing a Suit

1. Lawyer drafts a COMPLAINT and a WRIT OF SUMMONS
2. Defendant sends back a ANSWER
3. DISCOVERY phase begins
4. MOTION FOR SUMMARY JUDGEMENT
5. PRE-TRIAL CONFERENCE-discuss settlement, define issues
-Third Party Resolution
6. TRIAL
7. JUDGMENT

injunction

a judicial remedy issued in order to prohibit a party from doing or continuing to do a certain activity

Due process

the administration of justice according to established rules and principles. Guarantee of "life, liberty, and property.

Substantive Due Process

Constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what the government may do.

Procedural Due Process

Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.

Tort

(law) any wrongdoing for which an action for damages may be brought

Parts of Contract

Offer, Acceptance, Consideration

Supremacy Clause

constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the greatest law of the land

ex post facto

Prohibits conviction of a crime that occurred before the act became illegal

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

statute
of limitations

a statute prescribing the time period during which legal action can be taken

lex loci delicti commissi

(latin) in tort law, an approach to a conflict of law is to apply the law of the state where the wrong was committed

significant relationship rule

The court applies the substantive law of the place having the most significant contacts with the occurrence or event.

Full Faith and Credit

a clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states

res judicata

a matter already settled in court

subject matter
jurisdiction

the right of a court to hear disputes involving certain areas of law and amounts.

personal jurisdiction

Jurisdiction vested in a court because the court has authority over one or more of the persons in the case

1. John Roberts Jr
2. Clarence Thomas
3. Ruth Bader Ginsburg
4. Elena KAGAN
5. Anthony Kennedy
6. Antonin Scalia
7. Sonia Sotomayor
8. STEPHEN BREYER
9. SAMUEL ALITO

Justices

Long Arm Statute

A state statute that permits a state to obtain personal jurisdiction over nonresident defendants. A defendant must have certain "minimum contacts" with that state for the statute to apply.

In Rem Jurisdiction

Court jurisdiction over a defendant's property.

In Personam Jurisdiction

jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property

The Erie Doctrine

A federal court with diversity or supplemental jurisdiction that is presiding over a state law claim must apply the substantive law of the state in which the court sits

Written interrogatories

evidence containing sworn answers in writing

subpoena

a writ issued by court authority to compel the attendance of a witness at a judicial proceeding

hearsay evidence rule

a statement that is made by one person that is hearsay under oath

best evidence rule

a rule of evidence requiring that to prove the content of a writing or recording or photograph the original is required

spontaneous declarations exception

Permits courts to admit in court spontaneous declarations uttered simultaneously with the occurrence of an act.

motion for nonsuit

made at the halfway point, after plaintiff has reasted; defense states that no cause of action exists and that plaintiff failed to prove anything

directed
verdict

a verdict entered by the court in a jury trial without consideration by the jury

remittitur

The reduction by a judge of the damages awarded by a jury.

writ of execution

a routine court order that attempts to enforce the judgment that has been granted to a plaintiff by authorizing a sheriff to carry it out

Garnishment

a court order to an employer to withhold all or part of an employee's wages and to send the money to the court or to the person who won a lawsuit against the employee

motion for judgment notwithstanding
the verdict

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous.

collusion

secret agreement or cooperation

ripeness

A criterion that federal courts use to decide whether a case is ready to be heard. A case's ripeness is based on whether its central issue or controversy has actually taken place.

standing

authority to bring legal action because one is directly affected by the issues at hand

mootness

A criterion used by courts to avoid hearing cases that no longer require resolution.

political
question doctrine

Federal Courts won't decide issues that should be resolved by executive and legislative branches. Major examples = challenges to the President's conduct of foreign policy, challenges to the impeachment and removal process.

Writ of Certiorari

a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case

Prospective Effect

A new rule will only apply to cases occurring after the implementation of the law. Ex) When the drinking age was brought up to 21, people who were over 18 at the time could not be penalized for under aged drinking.

Retroactive Effect

the decision controls the legal consequences of some causes of action arising prior to the announcement of the decision

Affidavit

written declaration made under oath