GBL Exam 1 Review GuideChapter 1, IntroductionChapter 2, The Judicial SystemChapter 3, LitigationChapter 4, The ConstitutionChapter 5, International LawGBL Exam 1 Review Guide Chapter 1, IntroductionStatute: legislation adopted by congress of a state legislatureOrdinance: laws passed by local government Code: Compilations of legislation at all levels of government Legislature: Most significant, formal written lawsSources of Law: - Federal Constitution: Supreme law of land; establishes government and its amendmentsguarantee basic rights and liberties to the nation. - State Constitution: Laws exclusive to the state, not to be in conflict with federal constitution. Ours made in ’63, it is the 4th and now there is a want for a new one to be written. - Federal Legislature: congress makes statutes. U.S. Code- collection of laws, series of books. - State Legislature: Michigan Complied Law (MLC) – MI form of US Code. MCLA- annotated version with notes- Local Governments: City of EL had laws that affect students, tenants, etc.- Administrative Agencies: Provide clarity and enforcement of legal acts. Every state and fed have one. Can pass laws (ex/ FDA). - Common Law: Emphasizing the role of judges in determining the meaning of law. Made through the process of appealing judgments in smaller courts.Issue: The question at hand (whether)Decision: The answer to the proposed issue (ruling/finding/holding)Precedent: Appellate court rulings that must be obeyed in lower court Stare Decisis: Lower courts must follow Slope of Precedent: Who has to follow it, determined by factsMiranda Rights:- 1963- Placed in custody while 3 police started asking questions without lawyer; got convicted because of what he told the police. Sentenced for 20 years because of statements, got a lawyer- thinks rights were violated because he didn’t know them. - 1966- 5 v 4 decision, he was convicted by statements the jury may not have known, overturned it- not free to go, but got a new trail with new jury Custodial Interrogation: Questioning initiated by police after person is taken into custody/ deprived of rights in any significant way, thus told Miranda Rights1GBL Exam 1 Review Guide Chapter 2, The Judicial System United States District Courts: - Courts of Limited Jurisdiction (ex/ bankruptcy, patent, claims against the US)- Courts of General Jurisdiction: The power to hear any type of caseU.S. Court of Appeals: 11 federal Judicial courts, district 9 is most liberal, no trials only hearings of errors from previous cases. Appeal: Right to review case by a higher court U.S. Supreme Court: ‘Court of Last Resort’, 9 Justices (1 Chief Justice, 8 Associate Justices)- 1st Monday of October until end of June- 5/4 Ruling- Trial court between 2 or more states- Cases against foreign ambassadors- Appeals (they get to choose what cases they want to hear)- Cases between circuits (confusing a what the law really is)- Only need 4/9 vote to hear a case - Writ of Certioria: Supreme court agreed to hear the case**Exclusive to federal court jurisdiction trademark, copyright, patent, bankruptcy, federal crimes, admiralty, crimes against the federal government District Court: Civil trails with amounts in controversy less than or equal to $25,000, misdemeanor criminal trials (DUI, shoplifting). This court is responsible for determining both facts and laws of the case. Circuit Court: Civil trials with amounts in controversy greater than $25,000. Includes divorce, custody, adoption, felony trails, appeals from district courtProbate Court: Nurturing judges of wills, trusts, and juvenile matters. Michigan Court of Appeals: Circuit court trial decisions, circuit court appellate rulings (panel of 3 judges)Michigan Supreme Court: 7 Justices are elected serving for 8 years- Supreme court only hears 1% of cases that are appealed (65-85) a year**Exclusive state court jurisdiction state crimes, divorce, wills, trusts, adoption Jurisdiction: ‘Justice Speaking’- courts power to hear and rule on a caseConcurrent Jurisdiction: Could be state of federal court. Must have be one of the following: interpretation of the constitution, federal statute, federal treaty and must meet these three requirements: amount over $75,000, complete diversity of citizenship, not a case exclusive to state courtsRight of Removal: petition to remove a case to federal court. In personam Jurisdiction: dealing with corporations, served outside of state if defendant does these in state: business, contracts to supply goods of services, commits a tort, owns property subject to the lawsuitTort: A civil wrong other than a breach of contract (ex/ improper crossing of boundaries)2GBL Exam 1 Review Guide Breach of Contract: A party’s failure to perform some contracted-for or agreed-upon act, or failure to comply with a duty imposed by law. Long Arm Statute: Allows plaintiff to serve someone in another state In rem Jurisdiction: Jurisdiction over property, plaintiff must give notice to tenant- Venue of said hearing of trials:o Location of the event causing lawsuit (where the contract was signed/ fight happened/ traffic crashed)o Location of land that is subject of suito Residence of defendantAttorney- Client Privilege: Communications must be related to representation or securing legal advice, law office employees are also limited, the privilege survives a court order, only the clientcan waive it. - Exceptions: Client says he plans to commit a crime (optional to speak up), attorney sues client for breach of contract client sues attorney for malpractice 3GBL Exam 1 Review Guide Chapter 3, LitigationPlaintiff: Part who files civil actionDefendant: Party being suedPersonal Jurisdiction: Court must have authority not only over subject matter of the case but also over parties Procedural order of a lawsuit: 1. Complaint: Formal written allegations and demands for remedies 2. Summons: Notice to appear in court (requires defendant to file an answer, if none then plaintiff wins by default)3. Service of Process: Gives notice of the lawsuit to the defendant 4. Answer: The written response to the complaint. Can either: admit, deny or claim lack o knowledge 5. Discovery: Procedures by which party to a lawsuit may obtain info relevant to the case from the other party or 3rd party a. Interrogatories: Printed questions to be answered on paper under oath, signed, returned, sent to attorneyb. Request for production of documentsc. Request of admissions: things that are owned,