HSP_MGMT 1133: EXAM 1
50 Cards in this Set
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Sources of Law:
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-constitution
-statutory law
-administrative law
-common law
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Constitution:
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primary source of law in the hierarchy
-3 functions: creates gov system LEJ branches, empowers branches, limits gov system that is has created
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Statutory law
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-second source of law, created through legislative
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Statute:
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-legislation adopted by federal or state legislators
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Ordinance:
Code:
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-when local units of gov adopt law
-if legislation passes under the est. producers becomes part of code of a particular jurisdiction
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Administrative law:
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3rd source of law, adopted by gov agencies
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Case law:
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-court opinion that interprets one of the first 3 sources by appellate courts
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Common law:
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4th source of law, oldest, comes from court decisions, not based upon interpretation of other sources, based upon: customs, traditions, principles of England and American colonies before rev.
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Levels of law:
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-federal, state, local
-federal prevails over inconsistent state law and state law prevails over inconsistent local law
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Jurisdiction:
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-the power and authority of the court to decide a given case
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Personal jurisdiction:
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-personal authority
-internet activity cases: Blue note accuse of stolen trade mark sued NY fed court
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Subject matter jurisdiction
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-considers whether court has the power to resolve certain issues
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How many court systems?
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51; 50 state and 1 federal
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Judicial selection: how are judges selected?
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-federal selected by president and confirmed by the senate, term for life unless impeached. MO elect trial judges, retire at 70
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Trial court:
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-1st court to resolve conflict, has original jurisdiction, 1 judge, jury if allowed, 2 or more competing sides, judge or jury makes decision
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Appellate courts:
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-loser of trial has the right to appeal, group of judges no jury, no direct involvement of witnesses, review record of trial and determine any errors and justify a change in results
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Discretionary courts:
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-pick and choose what cases they want.
-they accept less than 5%
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Federal court system
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-trial court: US district court
-First level appellate court: circuit courts of appeals
-discretionary appellate court: US supreme court
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State court system MO:
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-trial court: circuit
-First level appellate: district courts of appeals
-discretionary appellate court: MO supreme court
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Civil cases:
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-compensation for an injury, initiated by private party, tort or contract law, not need to be unanimous verdict unlike criminal cases
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Tort:
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-violation of a legal duty by one person that causes injury to another person
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Contract:
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-an agreement b/t 2 or more parties that is enforceable in the court. If 1 fails to abide, other can sue for breach of contract
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Primary sources of law:
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-have to power to affect legal rights and are available by hard copy in many public libraries
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Secondary sources of law:
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-background resources, do not have the power to affect legal rights (textbooks, legal journals)
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12 step civil case model:
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-incident occurs, plaintiff demand, filing of suit, service of process, defendant's response, pretrial discovery, pretrial motions, jury selection, trial, post trial proceedings, compliance and enforcement, appeal
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Voir Dire:
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to speak the truth
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Discovery:
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-right for someone in a lawsuit to know info of the other in order to prepare trial
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Methods and Devices:
Interrogatories
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-written questions that one side says to the other side to answer
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Document request:
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papers and docs that other side has (insurance, medical bills)
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Depositions:
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a form or oral discovery, attorney get witness in a room and ask questions
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Medical/Mental exam:
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-ask to have own doctor examine them
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Request to inspect:
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take pictures, inspect property where something occurred
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Types of Remedies: actual:
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most common P will seek. Include past and future out f pocket expenses
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Punitive:
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-awarded to punish and make an example out of defendant
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Types of witnesses:
-Lay:
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-person who has some personal knowledge about the facts of the case and has been called upon to relate this info in court
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Expert witness:
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-person who is skilled in some art, trade, science, or profession who is engaged by a party to offer opinions on complex subjects beyond the common knowledge of a typical juror
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Writ of execution:
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P located property and compels seizure- property is then sold
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Writ of garnishment:
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-P located a 3rd party who is indebted to D or is holding D's property
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Stages in the appellate process:
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filing of notice of appeal, filing of record on appeal, submission of briefs, oral arguments in the appellate court, conference and decision by the court, written opinion
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Types of appellate court; Majority:
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-most imp. opinion, appellate court will direct its language to the trial court and affirm, reverse, or reverse remand the decision to the court trial
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Reverse "vacate":
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-changing trial courts decision, not going back to court
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Affirm:
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-makes no changes in the results in the lower court
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Reverse and remand:
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-changing lower court and sending back for more proceedings
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Concurring:
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-agrees w/ result but disagrees w/ the reasoning
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Dissenting:
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the judge doesn't agree with anything that happened in court
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ADR:
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-alternative dispute resolution (mediation and arbitration)
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Mediation:
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-allows parties to craft their own solutions to a dispute, unbiased 3rd party assists; could be attorney, cans issue orders or make recommendations
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Arbitration:
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-acts as a judge. decision is called award (corporations)
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Arbitration compared w/ litigation:
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-privacy, informal, cheaper and quicker, specialization of decision maker, more predictable, right of appeal
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Small claims court:
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-limited dollar amt: 3,000; limited jurisdiction amt of judgement; peoples court limited; lawyer rules dont apply; quick trials; easy for students; dont need lawyer
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HSP_MGMT 1133: Exam 3