LAW 3220 1st Edition Exam 1 Study Guide Chapters 1 5 Chapter 1 What are the roles of law in society to define society s values to assist in resolving disputes and conflicts to preserve and adapt to societal structures What are the sources of law U S Constitution Judicial Rulings and Opinions carry precedential value The Executive Branch executive orders Classifications of Law Public vs Private public law applies to everyone private law applies only to specific parties contracts etc Civil vs Criminal violations of civil law require a preponderance of evidence as a burden of proof violations of criminal law require a burden of proof beyond a reasonable doubt Substantive vs Procedural Chapter 2 Federal System Federal District Courts Courts of Original Jurisdiction only federal courts with juries can be l U S Court of Appeals you have an absolute right to appeal based on questions of law or procedure appeals cannot be brought on questions of fact U S Supreme Court appeal by writ of certiorari court has absolute discretion on what cases it will hear the decisions of the Supreme Court are final Federal Courts of Limited Jurisdiction Bankruptcy Court Tax Court Court of International Trade Court of Monetary Claims Federal Judges nominated by the President must be confirmed by Congress appointments are for life judicial immunity State System Court of Original Jurisdiction names vary Appellate Court names vary State Supreme Court Courts of Specialized or Limited Jurisdiction small claims court no lawyers necessary small fee municipal court traffic court probate court justice of the peace State Judges elected for a specified term or appointed by the governor varies by state judicial immunity Federal Rules of Civil Procedure Federal Rules that apply in every Civil law proceeding Rules of Jurisdiction Subject Matter Jurisdiction In Personam Personal Jurisdiction long arm statutes allow the court to have jurisdiction over nonresident defendants Jurisdiction over Businesses where the business is incorporated where the business is operating where the business is headquartered Exclusive Jurisdiction given by statutory law the federal system has jurisdiction over all matters involving the U S Constitution the state system has exclusive jurisdiction over all family disputes Concurrent Jurisdiction limited to the state system in matters less than 75 000 Conflict of Law Choice of Law Rules Historic Rule rules of law will apply for the state in which the contract was signed or the tort was committed Evolving Rule rules of law will apply for the state which has a greater interest in resolving the dispute Filing a Dispute Plaintiff chooses where to file the original appeal Defendant has options to attempt to move the case to an alternate court Change of Venue appeal based on area bias as in highly publicized trials Removal appeal based on state bias will remove a case from state court to federal court Forum Non Conveniens Chapter 3 Stages of Trial Pleadings Stage Complaint Plaintiff must set forth subject matter personal jurisdiction facts of the dispute the remedy being sought defendant must be notified by a service of process Answer Defendant admit or deny the complaint affirmative defense motion to dismiss often based on lack of jurisdiction counterclaim if a counterclaim is filed the plaintiff must file a reply Discovery State Designed to avoid surprises in court Encourages out of court settlements Types of Discovery Depositions Written Interrogatories Order for Production of Documents protective orders can be used to protect trade secrets and confidential information Request for Admissions of Fact Orders for Mental or Physical Examinations Courts will only grant orders if there is a demonstrated need for them or in cases where a party s mental or physical condition is in question Sanctions for Failing to Respond to a Discovery Request contempt of court default judgement Expert Witnesses Post Discovery either party can make a motion to request a summary judgement Pretrial Stage Optional Pretrial Conference can be requested by either party designed to clarify issues in the dispute judges will typically strongly encourage the parties to settle Trial Stage Voir Dire Jury Selection Direct Testimony direct examination cross examination Closing Arguments Instructions to the Jury who carries the burden of proof what is the level the burden of proof must meet Issuance of the Verdict either party can make a motion for a judgement notwithstanding the verdict Remedies Remedies at Law Monetary Compensatory Damages designed to compensate the injured party Punitive Damages designed to punish the law breaking party Nominal Damages issued when a law was broken but no compensation is necessary Equitable Remedies Specific Performance Injunctions Appeals Either party can appeal on the basis of questions or law or procedure appeals cannot be based on questions of fact Written Briefs Oral Arguments Decision made by Majority Opinion Enforcement writ of execution garnishment order Alternative Dispute Resolution Methods Arbitration A process in which both parties will allow a neutral party to resolve the dispute Arbitration can be binding or non binding non binding arbitration decisions can be contested and continued into trial binding arbitration decisions are final Mediation Both parties and or their representatives will dispute the matter in the presence of a neutral 3rd party mediator If a resolution cannot be reached the dispute will be continued into trial Historically used to resolve labor disputes Negotiation Both parties with or without counsel meet to discuss their dispute and attempt to settle the matter out of court Any decision reached will be reinforced by a binding contract Chapter 4 7 Articles Article 4 has 27 Amendments Amending the Constitution proposed by of congress ratified by of the states alternate in the reverse order has never been used Commerce Clause grants regulatory power of interstate and foreign commerce to commerce states cannot pass laws inhibiting interstate commerce Necessary and Proper Clause Bill of Rights Amendments 1 10 Freedom of Speech and Press not absolute No Unwarranted Search and Seizure does not apply to highly regulated industries or issues of public safety Due Process Rights not absolute but must be narrowly defined and government public interest must be demonstrated Equal Protection Under the Law Chapter 5 In the U S only the government can file a criminal suit Crimes vs