BLW Exam 1 Review

Let the decision stand

laws that define

laws that outline the methods of enforcing the rights under substantive law.

The party that initiates a lawsuit.

The party against whom the lawsuit is brought.

The party who takes an appeal from one court to another.

The party against whom an appeal is taken.

A monetary award sought as a remedy for a breach of contract or a tortious act.

maximum time period during which an action can be brought or certain rights enforced.

Equitable equivalent to statute of limitations. The claim must be brought within a "reasonable time."

Designations given to judges in various courts.

court's reasons for its decision

represents the view of all the judges who heard a case.

represents the views of the majority (more than half) of the judges deciding the case

opinion by one or more judges who agree with the majority opinion but not the legal reasoning behind the opinion

opinion by one or more judges who disagree with the majority's opinion.

An opinion that has the support of the largest number of judges

unanimous opinion that does not indicate which judge wrote it.

The authority of a court to hear and decide a specific action

Jurisdiction over any person or business involved in a legal action.

The court's jurisdiction over a defendant's property.

Courts use long-arm statutes for nonresident parties based on activities that took place within the state.

The test used to apply the long-arm statute over a defendant

Corporations are normally subject to personal jurisdiction in the state
I. in which they are incorporated

Authority of a court to hear and decide a specific type of dispute - what the case is about.

I. Federal Question
II. Diversity of Citizenship

cases that contain disputes which pertain to the U.S.Constitution

I. Parties in the lawsuit are from different U.S. states and/or the United States is a party and a foreign country AND
II. The dollar amount in dispute exceeds \$75

The court in which the case is heard and decided for the first time.

The court has the power to review a prior decision in the same case made by another court.

Only one court (state or federal) has the power (jurisdiction) to hear the case.

State only

State only

Federal only

More than one court can hear the case.

Both state and federal

The most appropriate geographical location for a trial to be held.

A party must have a sufficient stake in the dispute to justify seeking relief through the court system.

I. U.S. District Courts
II. U.S. Court of Appeals
III. U.S. Supreme Court

Trial courts of general jurisdiction. Each state

Federal Supplement ("F. Supp." or "F. Supp. 2d").

Courts that hear appeals from the federal district courts located within their judicial circuits.

Federal Reporter (F.

The Court exercises discretionary review over all federal appellate courts

A writ from a higher court asking the lower court for the record of the case

I. United States Reporter (U.S.)
II. Supreme Court Reporter ("S. Ct.")
III. United States Reports: Lawyers Edition ("L. Ed." & "L. Ed. 2d")

I. Negotiation
II. Mediation
III. Arbitration

Informal settlement talks

The mediator meets with the parties and attempts to work out a resolution.

An arbitrator (s) hears a dispute and makes a decision

I. Fixed Fee
II. Hourly Fee
III. Contingency Fee

set amount for work to be performed

sets a rate per hour for work performed

fee based upon a percentage of a recovery

I. English Rule
II. American Rule

loser pays the other sides attorney fees

each side bears their own fees and costs unless

I. A statute authorizes recovery
II. Rule authorizes
III. Contractual Language

Pleading of the plaintiff

Delivery of the complaint and summons to a defendant

ruling in favor of the plaintiff if the defendant does not answer.

Defendant's response to the complaint

Response that attacks the plaintiff's legal right to bring an action.
The burden is on the defendant to establish.

Defendant sues plaintiff

A motion that asks the court to dismiss the case for a specified reason

A motion asking the court to enter a judgment without a trial

I. Depositions
II. Interrogatories
III. Requests for Admission
iV. Requests for Documents

Sworn testimony

Written questions related to the subject matter of the lawsuit that are answered under oath.

Questions to the responding party phrased in an"admit" or "deny" format

Objects

I. Physical/Mental Exam of a Party
II. Mechanical Devices
III. Location of Event

Destruction of Evidence

Trial judge decides all questions of fact and of law.

I. Judge decides questions of law
II. Jury decides all questions of fact

Question prospective jurors to determine bias or connection with a party in the case.

Removal of jurors for "no reason" (limited)

Removal of jurors for "bias" (unlimited)

set forth the facts that they expect to prove during the trial.

Plaintiff starts - holds the burden of proof.

The attorneys question the witness
I. Direct examination
II. Cross-examination
III. Redirect examination
IV. Re-cross-examination

Examination of the witness by the attorney who calls them to the stand

Examination of the opposing witness by the attorney who did not call them to the stand

Proves or disproves a fact in question or establishes the degree of probability of a fact or action.

Testimony given in court about a statement made by someone else who was not under oath at the time of the statement.

After Plaintiff rests

the judge should rule in their favor. Is usually denied

Summarizing the facts and evidence and asking for a ruling in favor of their position.

The judge provides instructions to the jury on the law that applies to the case as well as the standard of proof

Preponderance of the evidence

Beyond a reasonable doubt

After deliberation

Motion asserting that the trial was so fundamentally flawed that a new one is required.

I. Error by the trial judge
II. Newly discovered evidence
III. Prejudice

A motion asking the court to enter judgment as a matter of law in the defendant's favor

Documentation that varies by court but usually includes a notice of appeal

If granted

The outcomes of an appeal include affirming

Uphold the trial court's decision

Undo the trial court's decision

Send the case back for further proceedings

Change a specific part of the ruling

No guarantees that a judgment will be enforceable

Directs the sheriff to seize the defendant's non-exempt property and sell it to pay for the judgment.

A legal provision that halts actions by creditors to collect debts from a debtor who has declared bankruptcy.

Refers to the release of a debtor from personal liability for certain types of debts in bankruptcy.

Article IV of the U.S. Constitution states that citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Ensures that any judicial decision with respect to property rights will be honored and enforced in all states.

The division of government responsibilities into distinct branches: Legislative

Creates laws.

Enforces laws.

Interprets laws.

Each branch limits the actions of the other two branches.

I. Can override the president's veto.
II. Can define the jurisdiction of the judiciary.
III. Must confirm judiciary appointees.

I. Power to veto legislation passed by Congress.
II. Appoint the members of the judiciary.

The power to void the acts of the executive and legislative branches because they are unconstitutional

Art. I §8 of the U.S. Constitution empowers Congress to regulate Commerce with
I. foreign nations

When state regulations interfere with interstate commerce

Article VI of the Constitution provides that the Constitution

A doctrine under which certain federal laws preempt conflicting state or local laws.

Federal law supersedes State law

Determines whether Congress intended to preempt an entire subject area through passing a certain law.

Art. I §8 grants Congress the power to lay and collect Taxes

The supreme law of the United States that outlines the framework of government and the rights of citizens.

The first ten amendments to the U.S. Constitution that guarantee individual rights.

The process by which many rights in the Bill of Rights were applied to the states through the due process clause of the 14th Amendment.

The right to express opinions without government restraint

Laws that regulate the time

A Supreme Court ruling that corporations can spend freely to support or oppose candidates for president and Congress.

Types of speech not protected by the First Amendment

The First Amendment's protection against the establishment of a religion and the free exercise of religion.

Requires law enforcement to have a search warrant based on probable cause to search or seize private property.

A legal document authorizing law enforcement to conduct a search of private property.

The Fifth Amendment right that protects individuals from being compelled to testify against themselves in criminal cases.

The legal requirement that the state must respect all legal rights owed to a person

Any government decision to take life

Focuses on the rights themselves rather than the fairness of the procedures used to enforce them.

Rights that are essential to the order and liberty of a free society

The principle that individuals in similar situations must be treated equally by the law.

The highest level of scrutiny applied by courts to laws that infringe on fundamental rights.

A standard of review used by courts for laws that discriminate based on gender and legitimacy.

The lowest level of scrutiny is applied to laws affecting economic or social welfare.

A federal law that allows for the full or partial disclosure of previously unreleased information held by the government.

A federal law that protects the privacy of individuals' medical records and other health information.