Intro to Law I

Question 1

what takes precedence over case law?

Answer 1

constitutional provisions

Question 2

what does it mean to be a common law country?

Answer 2

rules for law come from the written decision of judges who hear and decide litigation

Question 3

what are precedents?

Answer 3

decisions of judges in previous litigation

Question 4

what is jurisdiction based on?

Answer 4

1) geographic location

2) subject matter

Question 5

what is the structure within a jurisdiction?

Answer 5

hierarchal, organized in a vertical structure

Question 6

what are the courts of original jurisdiction?

Answer 6

court in which litigation begins

Question 7

what is inferior jurisdiction?

Answer 7

power to hear only limited types of cases

Question 8

where does litigation begin?

Answer 8

in trial courts

Question 9

what is civil litigation?

Answer 9

litigation between private parties (plaintiff and defendant)

Question 10

what happens in trial court if the case goes to trial?

Answer 10

1) the case is not ended on a pre-trial motion

2) the parties do not voluntarily settle their suit

Question 11

what is the next step up in the hierarchy from trial courts?

Answer 11

appellate court

Question 12

why would a case goto appellate court?

Answer 12

when the party has lost at trial level either by a motion or by decision after the trial. They may ask for review by a higher court

Question 13

what is the party that appeals called?

Answer 13

appellant

Question 14

what is the other party that isn’t appealing?

Answer 14

appellee

Question 15

what does appellate court determine?

Answer 15

whether the lower court committed any errors significant enough to require that the decision be reversed or modified or new trial granted

Question 16

what are 2 level of appellate courts that most states provide?

Answer 16

1) intermediate court of appeals

2) State’s Supreme Court (highest court of appeals)

Question 17

where does the intermediate court of appeals hear appeals from?

Answer 17

generally the trial courts

Question 18

where does the State’s Supreme Court hear appeals from?

Answer 18

intermediate court of appeals

Question 19

what is the State’s Supreme Court sometimes referred to as?

Answer 19

the court of last resort

Question 20

after the State’s Supreme Court are there anymore appeals?

Answer 20

NO

Question 21

how many judges are required in appellate court?

Answer 21

3 or more and should be heard by an odd number of judges

Question 22

how is the case decided in appellate court?

Answer 22

by voting

Question 23

who writes the decision in appellate court?

Answer 23

usually one judge from the majority

Question 24

what is a dissenting opinion?

Answer 24

when a judge disagrees with the majority and writes own opinion

Question 25

what is a concurring opinion?

Answer 25

a judge who has voted with the majority as to the outcome of the case may write a separate opinion to express his or her differing views about certain aspects of the case

Question 26

what is per curiam?

Answer 26

when an opinion does not bear the name of the author (decision by the court)

Question 27

what may a per curiam be used for?

Answer 27

a shorter opinion on an issue about which there is general unanimity

Question 28

does appellate court involve another trial before the panel of appellate judges?

Answer 28

no

Question 29

what are some differences in appellate court than trial court?

Answer 29

1) parties don't submit evidence or examine witnesses 2) no jury 3) party's lawyers argue to the appellate judges

Question 30

are state trial courts published?

Answer 30

most are not but verdicts are recorded in the court files

Question 31

are appellate cases published?

Answer 31

many are, in volumes called case reporters

Question 32

what are federal courts empowered by?

Answer 32

federal statutes and the constitution to hear certain types of cases and are limited to those cases

Question 33

what are the jurisdictions of federal court?

Answer 33

1) federal statutory 2) administrative agency matters 3) diversity jurisdiction

Question 34

what do diversity jurisdictions involve?

Answer 34

1) citizens of different states | 2) matters of state law that a party chooses to litigate in federal court

Question 35

what must you apply in diversity jurisdictions?

Answer 35

the law of the state

Question 36

what are intermediate appellate courts in the federal system called?

Answer 36

United States Court of Appeals

Question 37

how many circuits are the United States divided into for appellate court purposes?

Answer 37

13 and 11 are identified by a number

Question 38

what is the highest court in the federal system?

Answer 38

the Supreme Court

Question 39

where does the Supreme Court hear from?

Answer 39

1) the United States Courts of Appeals 2) federal district courts 3) highest courts of the states system

Question 40

if a defendant answers a complaint what do they respond to?

Answer 40

each of the allegations in the complaint

Question 41

if a defendant decides not to answer a complaint what may they do?

Answer 41

decide to enter a motion to dismiss

Question 42

in some states what is a motion to dismiss called?

Answer 42

a demurrer

Question 43

what will the defendant most likely accompany a motion with?

Answer 43

a memorandum

Question 44

what is a memorandum that a defendant accompanies a motion with?

Answer 44

advocacy document to persuade it to grant the motion

Question 45

if a defendant argues successfully with a motion to dismiss what happens?

Answer 45

court will grant the motion and dismiss the plaintiff's lawsuit

Question 46

if the plaintiff's lawsuit is dismissed by the court what may they do?

Answer 46

may appeal to a higher court

Question 47

if the defendant loses the motion to dismiss what happens?

Answer 47

must file an answer to the complaint and litigation continues

Question 48

what is discovery?

Answer 48

often use procedures formalized in the jurisdiction's rules of civil procedure

Question 49

what does a deposition and when does it occur?

Answer 49

it occurs first and it is an attorney's oral examination under the oath of the opposing party and of witness who are under oath

Question 50

what happens 2nd in the litigation process?

Answer 50

submit interrogatories

Question 51

what is an interrogatory?

Answer 51

written question to the other party

Question 52

what is an affidavit?

Answer 52

written documents of the facts that the person (affiant) swears under oath.

Question 53

what happens after parties gathers enough evidence?

Answer 53

summary judgements

Question 54

what is a summary judgement?

Answer 54

motion asking the judges to decide the case without trilby considering facts offered through depositions, interrogatories, affidavits and documents.

Question 55

what will the parties submit for the summary judgement?

Answer 55

a memora or law in support or opposing the summary judgement

Question 56

what are appellate briefs?

Answer 56

attorney produces written documents for the court explaining the facts and the law as the party analyzes them

Question 57

what is stare decisis?

Answer 57

in this country, it means that the court should follow the common law procedures and that a court must follow only those precedents that are binding authority

Question 58

what is binding authority?

Answer 58

constrain for a judge to decide a pending case according to the rules laid down by earlier decisions or to repudiate the decisions

Question 59

what is case of first impression?

Answer 59

when the issue has never been litigated in the jurisdiction of the dispute

Question 60

reasons for overruling a case

Answer 60

1) earlier decision has become outdated because of changed conditions 2) existing rule has produced undesirable results 3) prior decision is based on what is now know as poor reasoning 4) new rule perspective (applicable in future cases only)

Question 61

where do rules come from?

Answer 61

1) contract rules | 2) private documents (contracts, deeds, leases)

Question 62

if the court says "an offer must manifest definite terms" what does that mean?

Answer 62

the court is defining an offer, keeping in long line of litigation

Question 63

what is dicta analogous to?

Answer 63

persuasive authority

Question 64

which precedents are the most important?

Answer 64

ones that are binding authority

Question 65

what should be the first source in which you research a legal problem?

Answer 65

enacted law

Question 66

what type of structure does enacted law follow?

Answer 66

a vertical hierarchy

Question 67

what is the top of the hierarchy in enacted law?

Answer 67

the Constitution

Question 68

what is second in the hierarchy of enacted law?

Answer 68

1) federal executive order and administrative regulations 2) state constitutions (highest within state does not conflict with federal law) 3) state statutes 4) state administrative regulations 4) municipal enactments

Question 69

what are the 3 components that every rule has?

Answer 69

1) set of elements (test) 2) a result that occurs when all the elements are present (test is satisfied) 3) a casual term that determines whether the result is mandatory, prohibitory, discretionary or declaratory

Question 70

what does a mandatory rule require?

Answer 70

someone to act and is expressed with words like "shall" or "must"

Question 71

what does a prohibitory rule do?

Answer 71

forbids someone to act and is expressed by "shall not" "may not" "must not"

Question 72

what does a discretionary rule do?

Answer 72

gives someone the power or authority to do something and uses words like "may" or "has authority to"

Question 73

what does a declaratory rule do?

Answer 73

declares that something is true

Question 74

3 step method of figuring out what a rule means

Answer 74

1) break down the rule into parts (don't care about words only structure) 2) look at each of those small parts separately 3) put the rule back together

Question 75

what are rules inner logic?

Answer 75

1) what events or circumstances set the rule into operation? (elements) 2) when all the elements are present, what happens? (casual term) 3) even if all elements are presents can anything prevent the result? (an exception, if the rule has any)