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Stare Decisis – Let stand the decisionCorner stone of common law traditionLevels of law making and power of each (in order)U.S ConstitutionThe supreme law of the land (article 6, the supremacy clause)U.S StatutesU.S Administrative Rules & RegulationsState ConstitutionsSupreme within state bordersState StatutesState Administrative Rules & RegulationsState OrdinancesPrivate LawCivil vs Criminal LawCivil Law – Spells out rights and duties and relief available for injury to private partiesUsually the remedy is monetary damagesCriminal Law – Injury to the society as a wholeRemedy is usually prison and/or finesNational vs International LawNational Law – Law that pertains to a particular nationMost nations have either a common law or civil law systemCan be enforced by government authoritiesInternational Law - A body of written and unwritten laws observed by independent nations and governing the acts of individuals as well as governments.Sources of international law:National lawsCustomsTreatiesInternational organizations and conferencesCommon Law SystemGenerally, those countries that were once colonies of Great Britain retained their English common law heritage after they achieved their independence.The doctrine of stare decisis is the cornerstone of the common law tradition.Civil Law SystemA legal system stemming from Roman “code law,” in which the primary source of law is a statutory code—an ordered grouping of legal principles enacted into law by a legislature or governing body.Precedents are not binding in a civil law system because they do not follow the doctrine of stare decisis.Uniform Commercial CodeU.C.C – Laws for tangible, movable objects. Uniform across the U.SFederal Courts vs State CourtsFederal Courts are made up of:Trail courtsU.S tax court, U.S bankruptcy court, U.S court of federal claims, etc.Appellate courtsU.S circuit court of appealsSupreme courtsState Courts are made up of:Trial courtsDivorce court, probate court, traffic court, small claims court, etc.Appellate courtsSupreme courtsJudicial ReviewCase – Marbury vs MadisonThrough the process of judicial review—determining the constitutionality of laws—the judicial branch acts as a check on the executive and legislative branches of governmentPleadingsComplaint – filed by the plaintiff with the court to initiate the lawsuit; served with a summons on the defendantAnswer – admits or denies allegations made by the plaintiff; may assert a counterclaim or an affirmative defenseDefault – the failure of the defendant to file an answer, that allows the court to enter a judgment for the plaintiffMotion to Dismiss – request to dismiss the case for stated reasons, such as the plaintiff’s failure to state a claim for which relief can be grantedBasic Judicial RequirementsJurisdiction – Before a court can hear a case, it must have jurisdiction over the person(s) against whom the suit is brought or the property involved in the suit, as well as jurisdiction over the subject matter.Venue - has to do with the most appropriate location for a trial, which is usually the geographical area in which the event leading to the dispute took place or where the parties reside.Standing to sue - A requirement that a party must have a legally protected and tangible interest at stake sufficient to justify seeking relief through the court system.The controversy at issue must also be a justifiable controversy, one that is real and substantial, as opposed to hypothetical or academic.Discovery – The process of gathering evidence concerning the caseDepositions – sworn testimony by a party or a witnessInterrogatories – written questions by one party towards the other made with assistance from the attorneysRequests for production – admissions, documents, medical examsPretrial ConferenceEither party or the court can request a pretrial conference to identify the matters in dispute after discovery has taken place or to plan the course of the trial.Voir Dire – to say what is trueThe jury selection process that consists of questions directed to prospective jurors to assess potential biasFor cause vs Preemptory strikeFor cause – example – a potential juror says he could not impose the death penalty on a capital murder trialPreemptory – example – the potential juror is dressed in a way that isn’t professionalA potential juror cannot be slashed because of gender or raceThe judge decides the law, while the jury decides the factsEthical Code of ConductThe law is the minimum requirements to run your company, your ethics is above the lawRes Judicata – has been adjudicatedJudge hears arguments and rulesProcedural LawMost often this type is the product of the legislative branch, aimed at determining how lawsuits are handled in the courts. These laws include matters such as the rules of evidence and related issues.Substantive LawLaw that regulates and controls the rights and duties of all persons in society.Used to decide disputesJurisprudenceThe study of the philosophy of law.Common Schools of jurisprudence:Natural LawPositive LawLegal RealismSociologicalJurisdictionThe power to hear a case.General Jurisdictioncourts in every state that have the power to hear almost any type of caseLimited JurisdictionCourts that can only hear certain types of cases. May be limited to where the parties live, the subject matter, or the dollar amount which the controversy is overHow to get into a federal courtThe matter must involve both diversity of citizenship and jurisdictional amount ($75,000)Or must be a federal questionWrit of CertiorariThe legal document used within the discretion of a reviewing court to decide whether to hear a case, thereby agreeing to review a lower courts decisionLegal RemediesAt lawmonetary damagesPlaintiff and DefendantEquitableDecree or injunction. Example- divorce, restraining order, etcPetitioner and RespondantJail or finesAppellant vs AppelleeAppellant – The party appealingAppellee – The party who won in trial courtSummonsa document issued by the court directing the defendant to appear in court or otherwise respond to the plaintiffs allegations.If a summons is not answered within the time period given they are responsible for those allegations brought by the plaintiffSummary JudgmentIf a litigant asks the trial judge to decide the case based on the pleadings plus supporting materials, a motion for summary judgment is involved – a procedure created to avoid trials when the facts are not


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FSU BUL 3310 - Exam 1

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