Introduction to Law 245 Javier Ruiz Galindo Jr Chapter 1 Precedent judges decide current cases based on previous rulings Common Law the accumulation of precedent case after case Statutes laws passed by legislative Writ letter from central government ordering a court to hear a case Substantive Laws state the rights of parties Procedural Rules how a court should settle disputes Equity decide what good conscious requires court s duty to find Sources of Contemporary Law Constitutions state or federal supreme law of the land o Establishes national government o Gives states all power not given to national government o Guarantees the basic rights of people Statutes Common Law o Stare Decisis let the decision stand precedent Administrative Treaties and Executive Orders Classifications of Law Criminal concerns behavior outlawed by society guilty judge can Civil regulates rights and duties between parties liable judge acquits but not order guilty can overturn both ways Substantive defines the rights of people Procedural establishes processes for settling disputes Public rights and obligations of government dealing with nation s Private regulates duties between individuals citizens Jurisprudence Law and Morality sometimes go together sometimes they don t Legal Positivism law is what the sovereign say it is o Sovereign recognized political power whom citizens obey state and federal governments whatever they say is law no matter wrong or right Natural Law an unjust law is no law at all law must have a moral Legal Realism who enforces the law counts more than what is in basis writing BIAS Chapter 3 Litigator a lawyer who handles court cases Litigation lawsuits the process of filing claims in court and going to trial Alternative Dispute Resolution ADR any other formal or informal process used to settle disputes without going to trial Negotiation Mediation strongest win win potential voluntary settlement o Voluntary settlement no definite outcome o Two antagonists can speak freely both parties have to sign o Helps preserve relationships Arbitration third party faster and cheaper than litigation o Gives third party power to deliver outcome o Arbitrator has power to impose an award o Permits files to be kept secret keeps matters private o Denies discovery o Society wont hear of it Mandatory Arbitration parties agree in advance to use arbitration to settle Class Action Lawsuit a suit in which an injured party represents a large population who have suffered similar harm gives the plaintiffs much greater leverage because the defendant s potential liability is vastly increased State Courts Trial Courts determine the facts of a dispute and apply those facts to the law given by earlier appellate court decisions Judge and maybe Jury Jurisdiction a court s power to hear a case Limited Jurisdiction limited to certain cases maybe max money General Jurisdiction more broad range of cases o Most important General Civil Division Appellate Courts generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law Several Judges and no Jury do not take new evidence Error of Law if such is made the appeals court may require a new trial Court of Appeals takes briefs and hears oral arguments 15min Appellant the party filing the appeal Appellee the party opposing the appeal Briefs written arguments of the case Reversed nullified decision Affirmed decision is permitted to stand State Supreme Court highest court in the state may accept appeals from the court of appeals Federal Courts Two Kinds of Civil Lawsuits are permitted Federal Question Cases a claim based on the United States Constitution a federal statute or a federal treaty Diversity Cases a plaintiff and defendant are citizens of different states and the amount in dispute exceeds 75 000 Trial Courts judges appointed by president United States District Court primary trial court in the federal system 94 total districts Specialized Courts All judges nominated by President nominees must be confirmed by Senate United States Court of Appeals intermediate courts of appeals in between district courts and the Supreme Court United States Supreme Court highest court in country 9 justices 1 chief justice Writ of Certiorari what a party has to file for the Supreme Court to hear their case Litigation Pleadings documents that begin a lawsuit consist of complaint the answer and sometimes a reply Complaint short plain statement of the facts the plaintiff is alleging and the legal claims she is making purpose is to inform the defendant of the general nature of the claims and the need to come into court and protect his interests Service a sheriff or constable serves the complaint and a paper ordering the defendant to answer the complaint within 20 days Answer lets the court know exactly what issues are to be disputed Default Judgment a decision that the plaintiff wins without a trial Counter claim a second lawsuit by the defendant against the plaintiff Reply an answer to a counter claim Motion a formal request to the court Discovery the critical pre trial opportunity for both parties to learn the strengths and weaknesses of the opponent s case prevents surprises and offers best argument parties are entitled to discover anything that could reasonably lead to valid evidence Interrogatories the written questions that the opposing party must answer in writing under oath Depositions provide a chance for one part s lawyer to question the other party or a potential witness under oath o Has to answer everything except what is privileged or given court order by court o Deponent person being questioned Production of Documents and Things each side may ask the other to present certain documents or items regarding the case or ask to authorize an inspection o Subpoena an order from the court to evade illegal activity and obtain records legally Physical and Mental Examination Requests for Admission either party can insist that the opposing party admit or deny certain facts Motion for Protective Order limits the discovery lowering depositions Memorandum a supporting argument Motion to Compel Answers to Interrogatories ask for more complete answers Adversary System the chance for both sides to question the witness truth will emerge is the purpose Public Policy the interest that society has in any dispute Summary Judgment a ruling by the court that no trial is necessary because there are no essential facts to dispute Voire Dire process of