LEB 320 Exam

All rules and principles resulting from judicial decisions in areas where legislatures have not enacted comprehensive statutes; borrowed from England and adopted here whenever an idea comes from a court decision.

Legal rules adopted by legislative bodies comprised of elected representatives, with exact wording set in writing but subject to court interpretation (EX: criminal law, tax law).

Plaintiffs are the accusers/complainers on offense seeking damages for losses suffered; defendants are accused of wrongdoing on defense seeking to escape responsibility.

Civil laws spell out rights and duties between individuals, firms, and agencies (contracts, torts); criminal law statutes prohibit conduct and impose fines/jail, requiring government proof beyond a reasonable doubt.

Certainty (stability for business expectations), flexibility (adapting to societal change), knowability (access to legal counsel/lawyers), and reasonableness (rules must appear reasonable to be obeyed, like the repeal of Prohibition).

A legal framework where the opposing parties and their attorneys have primary control over the issues and presentation of evidence.

Each side pays for their own attorneys regardless of who wins (except in breach of contract cases where the loser pays), which benefits parties with more money.

Courts of limited jurisdiction (traffic, domestic relations), general trial courts (district/superior courts hearing contracts, criminal, corp law), and appellate courts (state supreme court ruling on legal questions).

Specialized U.S. Courts (Tax Court), U.S. District Courts (basic trial courts where most cases originate), and Appellate Courts (13 Courts of Appeals and the U.S. Supreme Court).

An order of a higher court requiring a lower court to send up the documentary record of the trial for discretionary appellate review.

Questions of fact ask "what happened" (decided by jury/trial court); questions of law ask "what is the rule applicable to the facts?" (appellate courts rule on legal questions only).

In state trial courts, plaintiff appears first (Pratt v. Donovan); on federal appeal, the appellant (party appealing) appears first (Donovan v. Pratt).

A procedural ruling that terminates a case before trial when evidence indicates factually that one side will prevail, making a trial a waste of time.

The rule imposing no independent duty of rescue, relieving bystanders from the obligation to help unless a definite relationship or prior act created a duty to act.

Summary judgment for the friends was reversed because they drank with the driver, were present at the scene, failed to call 911, and took steps to hide their involvement, creating an affirmative duty.

A complaint sets forth the plaintiff's version of the facts; a motion to dismiss asks the court to throw out the case before filing an answer.

An affirmative defense admits conduct but asserts a legal excuse ("Yes I took it, but he gave it to me"); a counterclaim asserts that the plaintiff committed a wrong against the defendant.

Depositions are out-of-court sworn oral witness testimonies; interrogatories are formal written questions answered under oath; requests for production seek physical or digital documents (bills, texts, footage).

Trying to hide, alter, or destroy evidence during litigation, which can result in a lawyer losing their license or severe court sanctions.

Federal Question Cases (constitutional or statutory federal law) and Diversity of Citizenship (opposing parties from different states and the amount in controversy exceeds \$75,000).

When a case can be brought in either federal or state court; if the plaintiff chooses state court, the defendant may have the right to remove it to federal court.

Personal jurisdiction requires substantial contacts/connection with the forum state (or In Rem over forum property); a special appearance lets a defendant enter solely to challenge jurisdiction without discussing the case merits.

Unanimous 8-0 ruling that specific personal jurisdiction does not require a strict but-for causal link; systematically cultivating the state market through ads and service satisfies the "relate to" test.

The 6th Amendment for criminal trials and the 7th Amendment for civil trials; if neither party demands a jury, it becomes a bench/judge trial.

Cons include juror bias (racism, homophobia, ageism, non-representative panels); pros include bringing real-life experience, acting as a check on judicial power, and forcing attorneys to simplify arguments.

Civil cases require a preponderance of the evidence (50%+; jury believes you a tick more); criminal cases require proof beyond a reasonable doubt by the prosecution.

When a witness deliberately lies on the stand while under oath.

An out-of-court statement offered in court to prove the truth of the matter asserted; excluded like the "telephone game" where secondhand statements get skewed.

The liable party has no reachable assets, insurance, or funds to collect from; winning plaintiffs get nothing unless wage garnishment is available.

Affirm (agree with lower court), Reverse (disagree and flip outcome), Vacate (throw it out entirely), and Remand (send the case back down to start over).

Negotiated settlement (happens most often), mediation (neutral third party facilitates agreement), and arbitration (binding ruling by an arbitrator commonly found in consumer/employment contracts).

Originalism asks how the text was originally understood; the Living Breathing view applies enduring constitutional values using modern understanding when text isn't explicit.

Legislative makes laws and raises revenue; Executive enforces laws; Judicial interprets laws and maintains checks and balances.

Enumerated powers are explicitly granted to Congress in Article 1 Section 8 (coining money, commerce); State Police Power under the 10th Amendment lets states regulate health, safety, morality, and general welfare.

The Supreme Court shifted to allow federal regulation of any activity that exerts an "appreciable" or substantial aggregate economic effect on interstate commerce (following FDR's court-packing threat).

Wickard held non-commercial local wheat farming affects interstate commerce in the aggregate; Heart of Atlanta upheld the Civil Rights Act because racial discrimination by motels appreciably burdens interstate travel.

Full Faith and Credit requires states to recognize sister state judgments; Supremacy and Preemption establish that federal law overrides state law when Congress exercises exclusive authority ("back off states!").

The Supreme Court ruled 6-3 that Congress can ban local, intrastate cultivation and use of medical marijuana because aggregate intrastate use substantially affects the interstate illicit market.

To protect all persons within a jurisdiction from discriminatory government action, not private actions between individuals.

A lax, low-bar standard applied to economic and social legislation requiring only a reasonable link to some legitimate government interest (e.g., medical licenses, emissions tests).

Applied to gender classifications; requires government to show the law substantially advances an important government objective ("need a darn good reason").

Applied to suspect classifications (race, national origin) or fundamental rights; requires a compelling government interest and narrow tailoring; government almost never wins.

Via the Establishment Clause (government cannot create an official state religion or show favoritism) and the Free Exercise Clause (protects individual religious practice).

Obscenities/extreme pornography, defamation (untrue statements damaging reputation), and fighting words or imminent danger incitements (shouting "fire!" in a theater); hate speech is legally permitted.

Corporate speech on political/public debate receives strict scrutiny (Citizens United); commercial speech (advertising) receives intermediate scrutiny and allows regulation against false or misleading claims.

Substantive due process bars arbitrary or irrational government rules; procedural due process requires advance notice, a fair hearing, and an impartial decision-maker before taking life, liberty, or property.

The government can take private property only if it is for a valid public use and pays just compensation (fair market value).

The Supreme Court upheld Texas HB 1181's age-verification requirement for adult websites, finding child protection online overrides incidental privacy burdens on adults.

An ethical theory committed to "the greatest good for the greatest number" by evaluating actions solely on outcomes and net social utility (flaw: organ harvesting dilemma).

A rule-based ethical framework maintaining actions are inherently right or wrong regardless of outcome (EX: Kant's Categorical Imperative, Golden Rule, Ten Commandments).

An ethical approach emphasizing the cultivation of internal character traits (honesty, integrity, truthfulness) so ethical behavior follows naturally.

The moral principle that an individual must never be used merely as an involuntary instrument or means to an end without consent (distinguishing throwing a switch from pushing the man off the footbridge).

A set of general standards constituting the ethical baseline for civilization (Honesty, Loyalty, Keeping Commitments, Doing No Harm) where compliance needs no defense, only failure requires justification.

The study of learning how and why people make the ethical and unethical choices they do in real-world contexts.

A bias where employees follow orders from superiors feeling the boss bears the blame, prioritizing organizational acceptance over personal moral judgment.

A psychological drive to mimic peer behavior to fit in and survive with the pack ("everyone is doing it, so maybe it isn't so bad").

When group decisions become more extreme than median individual judgments due to suppressed dissent; illustrated by the Challenger space shuttle launch when managers dismissed engineer warnings.

When excessive confidence leads individuals or executives to make unrealistic promises, causing them to cut corners or commit fraud to hit targets.

The habit of processing data to support pre-existing beliefs; crediting internal skill when things go right and blaming external forces when things fail.

How phrasing alters perception and choice, such as consumers preferring 90% fat-free over 10% fat.

Adopting compartmentalized ethical standards for different societal roles, such as committing acts at work one would never do at home.

Filtering or discarding conflicting facts to protect established beliefs and prevent mental discomfort (e.g., assuming someone you respect must have a good reason to act aggressively).

Unconscious ethical erosion where people gradually "lower the bar" through small compromises over time until severe misconduct becomes routine.

An unconscious preference for people who share your personal background, hometown, or similar characteristics.

Mentally rehearsing difficult conversations in advance; research shows it leads to more informed, ethical choices under pressure.

The doctrine that corporations are artificial legal creations whose managers owe a sole fiduciary duty to maximize shareholder profits within the bounds of the law.

The view that group dynamics transcend individual actors, creating a social contract where corporations owe duties to the society that authorizes their existence.

Hire ethical people (screening for integrity), treat employees fairly, establish codes of ethics with employee buy-in, provide realistic training, structure compensation without perverse incentives, and maintain vigilance against slippery slopes.