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Legal Environment 1


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Secondary Law
a publication that summarizes or interprets the law, such as a legal encylopedia, or an article in a law review
Primary law
A document that establishes the law on a particular issue, such as a constitution, a statute or a court decision.
states form a union and soverign power is divided. Have their own judicial and legislative branch of gov't.
Checks and Balances
powers of national government are divided among three seperate branches- executive, legislative and judicial
Bill of Rights
Document that states all of the rights in the constitution
Supremacy Clause
"the Supreme Law of the Land". State and Local laws can interfere with Federal and be rendered invalid
5th amendment
No one can be denied a jury. Nor be be deprived of life, liberty, or property, without due process of law. Can't be tried for the same case twice.
14th amendment
Anyone born in the United States is a citizens, and no state may make a law that gives certain people privileges or immunities. Nor may you deny any person life, liberty or property without due process of law.
Self Incrimination
Person can't be a witness against themselves.
Due Process
Garuntee that no person be denied life,liberty or property without due process of law.
Equal Protection
No state may deny any person within its jurisdiction the equal protection of laws.
Commerce Claus
The government has the power to regulate trade between states.
Granholm Case
States can't have laws that do not permit out of state wineries to mail their wine directly to consumers
Dormant Commerce Clause
States can't enact "anti-competition" that discriminate sellers in other states
Common Law
Body of law developed from custom or jusicial decisions in English and US courts. DO NOT ATTRIBUTE TO LEGISLATURE.
Civil Law
Branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. "Neopolianic Code"
a court decision that furnishes an example or authority for deciding a similar case with similar facts.
Stare Decisis
"let the decision stand" Judges are obligates to follow the precedents established in prior decisions.
Equity Courts
Bankruptcy courts are an example of these. Equity courts give decrees (force of orders by law) They can't be used as precedents for other cases. One must file a petition.
Operates on the knowledge of the defendant. State of mind and motives may play a role in the remedy.
Equitable remedies
Injunction, specific performance, accounts of profit, recission, declaratory relief, rectification,estoppel.
Court of law
one must file a complaint (a writ). The result is a judgement and then monetary damages are paid
the philosophy or science of law
Natural Law
the idea of a law that exists naturally in human nature
"Law actually". Law created by people. Enacted by an authority
Legal realism
The belief that law is made by human beings and is therefore subject to imperfections
Expo Facto
cant make a new law and then go back and arrest people who broke that law before the new one took place
De Jure
All deliberate speed
De Facto
"in reality"
In Rem
State has jurisdiction over property located in the state (ie: land, houses)
Long arm statue
a state reaching out and pulling a defendant back in to be tried in the state, allowing you to file a suit against someone of "minimum contacts"
Minimum contacts
the person couldnt reasonably be expecting to be haled into court.
Personal Jurisdiction
the court's power over a certain individual
the ability of a higher power to enforce a certain law upon an individual
Subject Matter
Bankruptcy courts only hear bankruptcy cases, divorce courts only hear divorce cases
concurrent jurisdiction
When two or more courts have jurisdiction over a certain case
diversity jurisdiction
if the parties are from different states, the case can go to federal court.
Exclusive jurisdiction
Bankruptcy courts have exclusive jurisdictio (IT DEPENDS ON SUBJECT MATTER)
Removal Jurisdiction
the right of a defendant to remove a case from the State Court to Federal Court (if it meets the requirements)
Federal Question Jurisdiction
the right of the plaintiff to remove a case to Federal Court because of belief that the case is in violation of the constitution.
Federal Courts
Must be Diversity AND over 75,000 or a federal question OR subject matter jurisdiction (bankruptcy, tax)
Chosen by the plaintiff. Usually where the accident occurs, or where is most convienent for the plaintiff. Plaintiffs can always go after defendants in their home state. States can only pull defendants in under the "long arm statute"
State Courts
Typically divorce or adoption cases (involving all matters not subject to federal court)
First stage of a lawsuit. The plaintiff files a complaint, which then served by the plaintiff upon the defendant. The defendant can then file one or motion to dismiss.
Discovery (Pre-Trial)
Parties must go through an exchange of evidence and statements based on what they expect to argue during the trial. Meant to clarify what an event can be about
Pretrial conference
the attempt to try and resolve the issue before going to court based on information that the judge has
Trial and judgment
Proceeds like a criminal case, with each side using evidence etc and a judge or jury deciding the verdict.
Either party may appeal the case if they are not happy with the outcome, and chose to move it to a higher court. The higher court can refuse to hear or not hear the case (which would affirm it).
Res Judicata
the case has already been decided and is no longer subject to an appeal
Substantive law
Law that defines, describes, regulates ad creates legal rights and obligations.
Procedural law
law that establishes the methods of enforcing the rights developed by substantive law
Initial appearance
3rd stage of criminal case. Where judge sets bail
Grand Jury
4th step of criminal case. Jury determines if there is a probable cause to believe the defendent commited the crime
written document issued by the court formally charging the defendant
5th stage of criminal case, defendant is brough into court, informed of charges and asked to enter plea.
punishment for wrong doings (death penalty)
being imprisoned for wrong doings
trying to have the individual learn from their mistake by having them avoid the situation
Res Ipsa Loquitor
when the defendant will not be able to prove how the incident occured, but it is something that shouldnt normally happen.
if the action performed by the defendant was reasonably forseable to cause harm
contributory negligence
the plaintiff contributes to the harm that they suffered
Comparitive negligence
comparing the plaintiffs negligence to the other factors of negligence
Civil wrong not arising from a breach of contract; a breach of a legal duty that proximatley causes harm or injury

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