LEGL 2700 1nd Edition Exam 1 Study Guide Law Introduction Lecture 1 What is law a set of rules made by the state and backed up with enforcement there is legitimacy that the state has for creating laws The legislature branch makes the laws and therefore has the legitimacy Broadly Custom practices that accumulate a certain amount of legitimacy develops when people get together and solve problems by finding patterns What is the Rule of Law law that is generally and equally enforced Applies to everyone even lawmakers Is important to business transactions Brings good trust for most jurisdiction Protects innovation and work What is Common Law a United Kingdom based version of a legal system that emphasizes the role of judges in determining the meaning of laws and how they apply to society Judges making decision in fact intensive disputes and builds up an arsenal of approaches and solutions to common property situations Uses the precedents or prior judicial cases to create decisions on current issues Stare Decisis meaning let the previous decision stand is when judges look back at previous cases and apply the same standing on present cases What is Civil Law a Roman based version of a legal system that emphasizes on the laws themselves relies more on legislation than judicial decisions to determine what the law is civil law courts do not make law nor do their judges think themselves obligated to follow prior judicial decisions The Court System Lecture 2 What is the role of Judges figure of the courts that deals with questions of law Decides what law applies or what legal standard applies Administers the case and admits evidence Regulates the attorney s arguments and instructs the juries What is the role of Juries people that determine the questions of fact in a case Usually a group of 12 or more persons Revolves around did this person do something or did this person know something Determines whether the defendant is guilty or not of the crime Decision has to be unanimous What is the role of Lawyers person that knows the skills of litigation and represents a person in court Presents evidence to the judge and jury while arguing points of law Writes motions and briefs about the law and how it should apply all in an effort to represent the best interest of their client Has broad duty to administer justice that goes beyond just their clients interest including o Role as a Counselor giving legal advice o Role as an Advocate acting on behalf on the client o Role as Public Servant duty to the justice system Attorney Client privilege o Protects certain communications between the client and the attorney so they can have honest discussions o Protects clients from disclosure o Exceptions the information shows a harm to the Public District What is Judicial Review a power the judiciary system has to check both Congress and the President Power to review laws passed by the legislative body and determine constitutionality Power to review actions of executive branch and determine constitutionality Judicial Restraint should be used only in the most extreme situations should judicial review be used Judicial Activism provides that judicial review may be used when necessary to right a wrong What is Jurisdiction the legal boundaries a court has to hear a case Subject Matter jurisdiction power of the courts over the legal issues involved in a case There are three ways to get Subject Matter Jurisdiction in Federal Court Federal question cases Diversity of Citizenship all the plaintiffs and all the defendants are from different states If the U S is a party or controversies among states Litigation Lecture 3 What is Litigation the process of taking legal action Subject Matter jurisdiction power of the courts over the legal issues involved in a case What is Standing to Sure right to sue according to standing The claim must involve a legal controversy or allegation of a legal wrong Plaintiff must have a stake or real outcome in that controversy Court must have Subject Matter Jurisdiction and Personal Jurisdiction courts authority over the parties involved What are the steps of Litigation 1 Pleadings a Starts when plaintiff files a complaint 1 must showing standing over the issues b Defendant then files an answer to the complaint OR a counterclaim if they don t answer they run the risk of a default judgment 2 Discovery a Ensure awareness of facts and arguments b Both parties to be aware of the facts and arguments in the case c There are no secrets in litigation d Tries to make things fair and prepare the trial e Narrows issues f Tools of Discovery Interrogatories written Q and As Requests for Production asking for documents or information must produce documents that could bring relevant facts to the trial Depositions in person questioning of a witness or related party under oath Requests for Admission narrow the scope of issues in play by requesting a party admit to a certain act 2 Pretrial a Motions formal request that a party can make to a judge requesting that the judge take an action or make a judgment on a specific point Popular Motions Judgment on the Pleadings requests that a judge makes a judgment on a case based on the initial pleadings complaint and answer Summary Judgment motion that happens later when a party requests that the judge answer on the initial pleadings and the evidence or lack of evidence Frivolous a motion when there is a bad lawsuit little to no chance of winning or a claim that is absurd Compel Discovery motion where the opponent would no cooperate 4 Trial Stage a Jury selection i 12 people chosen from pool ii Parties are able to examine juror and can excuse prospective juror with biasness iii Peremptory Challenges where lawyers can excuse a possible juror for no reason b Motion for Directed Verdict another opportunity for a party that does not have the burden of proof to ask the judge if they can throw out this particular claim or case because it s clear that the party will not be able to produce enough evidence to back up said claim 2 Decision Stage The decision has to clear and convincing Judgment Notwithstanding Verdict o Judge might be able to take a jury s finding and say it shouldn t stand o Basically overrules the jury or reverses the verdict o Appropriate only if the judge finds that no reasonable jury could have come to that decision Judgment as Matter of Law o Similar mechanism of JNV except o the Federal level o One of the parties can submit before the case goes to the jury a