LEB Exam I Study Guide I Chapter I 1 Rules and Processes rule oriented approach views the law as consisting of the rules that are in effect within a state or nation at a given time process oriented approach the process by which the rules and principles are formulated constitute the major element of law 2 Requisites of a Legal System 1 relatively certain legal principles should remain stable into the foreseeable future 2 relatively flexible laws must keep up with the times 3 known or knowable the governed must have a reasonable means of acquiring knowledge of the laws 4 apparently reasonable if the majority of people are to obey laws they must appear reasonable 3 Common Law Case Law and Statutory Law Common Law all the rules and principles currently existing in any state regardless of their historic origin that result from judicial decisions in those areas of law where legislatures have not enacted comprehensive statues Statutory Law state and federal statutes in effect at a given time rules that have been adopted by legislative bodies rather than by the courts 4 Civil and Criminal Law 1 Civil Law Actions in which the parties bringing the suits the plaintiffs are seeking to enforce private obligations or duties against the other parties the defendants all those laws that spell out the rights and duties existing among individuals business firms and even government agencies 2 Criminal Law Comprises those statutes by which a state or the federal government prohibits specified kinds of conduct and which additionally provide for the imposition of fines or imprisonment Must be proved beyond a reasonable doubt II Chapter II 1 Court Systems State System a General Trial Courts the most important cases involving state law sometimes called district courts or superior courts b Appellate Courts hear appeals from judgments entered by the courts below decide legal questions do not hear testimony of witnesses or entertain new evidence Federal System a U S District Courts basic trial courts congress has created 96 judicial districts have power to hear only those cases that have been specifically placed within their jurisdiction by the Constitution and federal statutory enactments b Appellate Courts 13 US courts of appeal 11 have jurisdiction to hear appeals from the district courts located in the states within their respective boundaries 2 Court Jurisdiction a Subject Matter Jurisdiction the power to hear a particular kind of case In each state provisions in the state constitution specify which types of cases are within the subject matter jurisdiction of which types of courts b Personal Jurisdiction court s jurisdiction over the parties to the case arises only in civil cases 1 adequate due notice 2 hearing 3 impartial decision maker 4 substantial contact between the defendant and the forum state III Chapter III 1 The Adversarial System The parties acting through attorneys research the law and develop the facts Decide which issues are going to be presented which legal arguments are going to be made what evidence should be gathered and presented how the evidence is going to be introduced 2 Pretrial Proceedings a The pleading stage commenced by the plaintiff filing a complaint with the court having jurisdiction of the case defendant files an answer after which the plaintiff can file a reply b The reply the defendant must respond within 20 days in the federal district courts and about the same time in most state courts c The Pretrial Discovery much of the evidence that each party relies on in proving their version of the facts is fully disclosed to the other party before the case comes to trial deposition testimony of a witness that is taken outside of court interrogatories written questions submitted by one party to the other which must be answered under oath demand for documents permits a party to gain access to those kinds of evidence that are in the possession of the other party IV Chapter IV 1 Common Law heart of the common law process lies in the inclination of the courts generally to follow precedent to stand by existing decisions Known as the doctrine of stare decisis 2 Statutory Law 1 introduction of a bill in the house or senate by one or more members of that body 2 referral of the bill to the appropriate legislative committee 3 approval of the bill by that committee and perhaps others 4 approval of the bill by the house and senate after full debate 5 signing of the bill by the executive V Chapter V 1 Federal Regulation of Interstate Commerce Article I Section 8 of the US Constitution grants Congress the power to regulate Commerce with foreign Nations and among the several states 2 Constitutional Guarantees a Privileges and Immunities Article IV Section 2 of the Constitution states the citizens of each State shall be entitled to all privileges and immunities of the several states no discrimination based on residency of a state b Freedom of Speech First Amendment Free Speech Clause also protects the expressions of corporations commercial speech protected primarily because of its informational value c Equal Protection 14th amendment no state shall deny to any person within its jurisdiction the equal protection of the laws Supreme Court uses a lax standard for economic and social legislation when equal protection challenges are raised highest level of protection applies in cases based on race or national origin or that affect fundamental rights d Due Process of Law 5th Amendment states no person shall be deprived of life liberty or property without due process of law procedural due process guarantees that the government will follow fair procedures before taking certain actions against individuals or companies e Takings Clause 5th Amendment applies explicitly to the federal government and through incorporation to state and local governments Private property shall not be taken for public usage without just compensation VI Chapter VII Constitutional Protections 1 Fourth Amendment protects people and businesses against unreasonable searches and seizures requiring that search warrants be issued absent probable cause 2 Fifth Amendment individuals cannot be held to answer for major federal criminal charges unless they have been indicted by a grand jury protects against double jeopardy no person can be deprived of life liberty or property without due process of law protection against self incrimination Hobbs Act punishes extortion but not merely accepting bribes