1
Q
What is the Rule of Law?
A
Rule of Law concept: laws generally/equally applicable.
2
Q
Who does the Rule of Law apply to?
A
Applies to everyone in same way.
3
Q
Why is fairness and enforcement important under the Rule of Law?
A
Rule of Law video: fairness, enforcement important, protects minorities, accountability.
4
Q
Why is the Rule of Law important for the economy?
A
Importance: market efficiency, economic growth.
5
Q
What happens without the Rule of Law?
A
Without it: instability, corruption, no growth.
6
Q
What are some principles the World Justice Project promotes?
A
World Justice Project: accountability, clear/stable laws, accessible process, timely justice.
7
Q
What is property in legal terms?
A
“Property is your legal right to exclude other people from your resources.”
8
Q
What does property law provide a basis for?
A
Provides basis for private market and modern business.
9
Q
What incentive does property law create?
A
Incentive to develop resources.
10
Q
What is common law?
A
Common Law: judges determine meaning/application; U.S. follows (except Louisiana).
11
Q
What are the pros of common law?
A
Pros: concise, certainty, stability, predictability (stare decisis).
12
Q
What are the cons of common law?
A
Cons: volume of cases, conflicting precedents, holding vs dicta, bad precedent overturned.
13
Q
What is an example of bad precedent being overturned?
A
Example: Brown v. Board (overturned Plessy).
14
Q
What is civil law?
A
Civil Law: legislation-based, judges don’t make law or follow precedent.
15
Q
Do judges in civil law systems follow precedent?
A
Judges don’t make law or follow precedent.
16
Q
What is public law?
A
Public Law: society regulation (constitutional, admin, criminal).
17
Q
What is private law?
A
Private Law: private resources (property, contract, tort).
18
Q
What is civil law in terms of parties involved?
A
Civil Law: private parties sue for damages (e.g., breach of contract).
19
Q
What is criminal law in terms of parties involved and sanctions?
A
Criminal Law: gov prosecutes wrongs; sanctions: death, prison, fines.
20
Q
What is substantive law?
A
Substantive Law: defines relationships, rights, duties.
21
Q
What is procedural law?
A
Procedural Law: methods, enforcement machinery (e.g., jurisdiction, evidence rules).
22
Q
What are the sources of federal law?
A
Federal law consists of the U.S. Constitution, legislation passed by Congress, and administrative law.
23
Q
What happens if federal and state laws conflict?
A
Federal law voids conflicting state laws.
24
Q
What are the sources of state law?
A
State sources: constitutions, statutes, codes, agencies.
25
What is case law?
Case law: judicial decisions/opinions as precedent.
26
How do you read a citation like Brown v. Board of Education, 347 U.S. 483 (1954)?
Example: Brown v. Board of Education, 347 U.S. 483 (1954).
27
What does 675 F.3d 23 (2014) represent?
Example: 675 F.3d 23 (2014).
28
What is the hierarchy of laws from highest to lowest?
U.S. Constitution, Statutes of Congress, Federal administrative regulation, State constitutions, State statutes, State administrative regulation, Local ordinance, and Case law
29
Who runs the courts?
Judges/justices run courts
30
Who appoints Supreme Court justices?
President appoints SCOTUS justices (Senate consents).
31
Does the U.S. Supreme Court support businesses?
US Supreme Court supports businesses → Yes.
32
Who are the justices on the current Supreme Court?
Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson.
33
What kind of judge is Chief Justice Roberts?
Chief Justice Roberts tends to support businesses.
34
What do jurors do?
Jurors (fact-finders)
35
What do lawyers do?
Lawyers (advocates).
36
What is a justice?
Justices = Supreme Court members (9).
37
What is attorney-client privilege?
Attorney-client privilege (extends to employees).
38
Who does attorney-client privilege extend to?
Privilege forbids revealing confidential info; applies to lawyer employees too.
39
Where do lawsuits start and where do they end?
Lawsuits start in trial court → appeals → appellate court → final review: SCOTUS.
40
Who decides facts and who reviews the law?
Jury decides facts; appellate courts review law.
41
What is the federal court structure?
Federal: district courts, 13 appellate circuits, Supreme Court.
42
What is the state court structure?
State system: trial → appeals → supreme.
43
What is a petit jury?
Petit juries decide guilty/innocent; usually 12 but not required.
44
Is a unanimous verdict always required?
Unanimous verdict only in serious criminal cases.
45
Where is jury service guaranteed?
Jury = fact-finding body, guaranteed by Bill of Rights.
46
What are Georgia’s jury eligibility requirements?
Eligibility (GA): U.S. citizen, 18+, English, resident, not on another jury, no conservatorship, restored civil rights.
47
What did Ramos v. Louisiana decide?
Ramos v. Louisiana → unanimous verdict required in serious criminal cases.
48
What laws ensured jury diversity?
Jury diversity: history of race/gender inclusion, Civil Rights Act 1957, all states by 1973
49
What is the primary duty of a lawyer?
Primary duty = justice system.
50
What is jurisdiction?
Jurisdiction = power of court to hear case.
51
What is subject matter jurisdiction?
Subject matter jurisdiction: issue-based.
52
What is the difference between general and limited jurisdiction?
General vs limited jurisdiction (e.g., traffic court).
53
What are the four types of cases that give federal courts jurisdiction?
Federal courts: U.S. law, U.S. as party, state controversies, diversity citizenship.
54
What is diversity of citizenship?
Plaintiffs/defendants must be from different states; >$75k; prevents bias; corps = incorporation + POB; partnerships = members’ states.
55
What must be true for diversity jurisdiction to apply?
Plaintiffs/defendants must be from different states; >$75k.
56
Why is diversity jurisdiction important?
Prevents bias.
57
How is citizenship determined for corporations and partnerships?
Corps = incorporation + POB; partnerships = members’ states.
58
How do you get a case to the U.S. Supreme Court?
Petition via writ of certiorari.
59
How many justices must agree to hear a case?
4/9 justices agree.
60
What kind of cases can be reviewed?
Only final judgments involving federal Q reviewed.
61
What case established judicial review?
Marbury v. Madison established judicial review.
62
What is judicial restraint?
Judicial restraint: minimal use, follow precedent, strict construction.
63
What is judicial activism?
Judicial activism: use review to meet social needs, less precedent reliance, value-oriented.
64
What case is an example of judicial restraint?
Example: Gibbons v. Ogden (restraint, commerce power).
65
What case is an example of judicial activism?
Example: Brown v. Board (activism, ending segregation).
66
Who are the parties in a lawsuit?
Plaintiff = files; Defendant = sued; Counterclaim = defendant vs plaintiff; Third-party defendant = added.
67
What is standing to sue?
Standing to sue: actual legal wrong + personal stake.
68
Who can’t you sue on behalf of?
Cannot assert others’ rights.
69
How does a court get personal jurisdiction over a plaintiff?
Plaintiff automatic
70
How does a court get personal jurisdiction over an in-state defendant?
In-state defendant = summons
71
How can a court get personal jurisdiction over an out-of-state defendant?
Out-of-state = long-arm + minimum contacts
72
What makes long-arm statutes constitutional?
Long-arm statutes allow service beyond state if due process satisfied.
73
What is the minimum contacts test?
Minimum contacts test: tort in state, owns property, contract or business there.
74
What are the three questions that help determine minimum contacts?
Tort in state, owns property, contract or business there.
75
When does a state have jurisdiction in a criminal case?
Crime in state
76
How is jurisdiction over the defendant obtained in a criminal case?
Jurisdiction over the person of the defendant is obtained by arrest.
77
What happens if the defendant flees to another state?
Extradition returns prisoner.
78
What is extradition?
Extradition: Voluntary turning in of prisoner from one state to another by presiding governors
79
What is a class action lawsuit?
One or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.
80
Who files the suit in a class action?
One or more plaintiffs.
81
What are the four requirements to certify a class?
Numerous class, commonality, typical claims, fair/adequate representation.
82
What case denied certification for lack of commonality?
Walmart v Dukes → no commonality; too many supervisors.
83
What happens if class certification is denied?
If denied, individuals can sue
84
Can individuals sue later if the class loses after certification?
If certified but lose, no individual suits
85
What begins the pretrial process?
Complaint filed; summons; defendant files answer/motion; plaintiff replies; discovery; pretrial motions (dismiss, summary judgment, pleadings); pretrial conferences.
86
What is discovery?
Discovery seeks admissible evidence.
87
What are the main discovery methods?
Interrogatories, requests for production, depositions, requests for admission.
88
What is the most effective but costly method of discovery?
Depositions best (most info, costly).
89
What happens if a party refuses to comply with discovery?
Motion to compel if refusal.
90
What are examples of discovery abuse?
Abuse → burdensome, must preserve data
91
What happens if you abuse discovery?
Sanctions possible.
92
What are common pretrial motions?
Motion examples: frivolous litigation, compel, in limine (exclude evidence).
93
What is a motion in limine?
Motion in limine (exclude evidence).
94
What is the order of a trial?
Voir dire process; peremptory vs cause strikes; opening explains case; directed verdict motion; closing; verdict/judgment.
95
What is the burden of proof in a criminal case?
Criminal: beyond reasonable doubt.
96
What is the burden of proof in a civil case?
Civil: preponderance (sometimes clear/convincing).
97
What is “clear and convincing” evidence?
Clear/convincing = harder standard.
98
What is a verdict?
Verdict = jury decision
99
What is a judgment?
Judgment = judge accepts/rejects
100
What is JNOV?
Judge may override via JNOV motion.
101
What happens after a trial if you want to appeal?
Appeals steps: notice, briefs, oral args, decision, possible higher petition.
102
What are methods of enforcing judgments?
Execution (property seizure), garnishment (wages).
103
What is res judicata?
Res judicata: cannot re-litigate same case/facts.
104
What is the structure of the Constitution?
Constitution 1787; Articles I-III: branches; 10th Amendment: reserved powers.
105
What does the 10th Amendment say?
10th Amendment: reserved powers.
106
What does the Supremacy Clause mean?
Constitution supreme; federal > state; preemption.
107
What is preemption?
Preemption = higher law overrides.
108
What does the Commerce Clause allow Congress to regulate?
Congress regulates foreign, interstate, intrastate (if substantial effect).
109
What is the Dormant Commerce Clause?
Dormant Commerce Clause: prohibits undue burden/discrimination.
110
What is an example of the Dormant Commerce Clause?
Granholm v. Heald example.
111
Does the Bill of Rights apply to private companies?
Bill of Rights applies to gov, not private actors.
112
What are the two parts of the Freedom of Religion clause?
Establishment clause (no gov religion); Free exercise clause.
113
What are relevant religion cases?
Pandemic church case; Burwell v. Hobby Lobby.
114
What forms of speech are protected by the First Amendment?
Verbal, written, symbolic; not absolute; overbreadth doctrine.
115
Is speech always protected?
Not absolute
116
What speech is not protected?
Unprotected speech: defamation, threats, fighting words, obscenity.
117
What must speech restrictions be?
Restrictions: must be viewpoint neutral
118
What speech rights do businesses have?
Businesses have speech rights; gov may restrict false/misleading ads.
119
Can the government restrict false or misleading ads?
Gov may restrict false/misleading ads.
120
What is freedom of the press?
No prior restraint except nat. security; remedy = sue after.
121
When is prior restraint allowed?
Libel = defamation damages
122
What is libel?
Near v. Minnesota (prior restraint invalid)
123
What does the Second Amendment protect?
Right to possess guns for self-defense at home.
124
What is eminent domain?
Gov can take property for public use with compensation
125
What is public use?
Public use = purpose serving people
126
What is just compensation?
Just compensation = fair market value
127
What is due process?
Government must act fairly (fundamental fairness/decency).
128
What does due process require?
Requires notice + hearing.
129
What is equal protection?
Laws cannot treat differently without justification
130
What is the minimum rationality test?
Minimum rationality → rationally related to legitimate purpose (age, height).
131
What is the intermediate scrutiny test?
Intermediate → substantially related to important purpose (gender).
132
What is the strict scrutiny test?
Strict scrutiny → necessary for compelling purpose (race, marriage).
LEGS
flashcards
Decks in class (4)
# Cards
