LAW 3220 1st EditionExam # 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. ProceduralChapter 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 ConveniensChapter 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 presenceof 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 contractChapter 4● 7 Articles● Article 4 has 27 Amendments● Amending the Constitution○ proposed by ⅔ of congress○ ratified by ¾ of the states○ (alternate in the reverse order...has never been used)●