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FIL 185 Exam 1
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- 1What influenced the law?desire for social control, to settle disputes, and to preserve society
- 2the divine right of kingsthe king can do no wrong because he communicates directly with God.
- 3Natural Rights TheoryUniversal moral and ethical principals are inherent in human nature.
- 4Positivism/Legal Realismpredictability and enforceability of laws created by government are essential
- 5How does legal realism view the law?all we can be concerned about is how the laws are described and how the courts will perceive them
- 6Types of remedies available when a person is sued?jail/fines, equitable relief, damages
- 7damages$$$$$$$
- 8equitable relieforder telling someone not to do something
- 9nominal damagesusually $1, wrong is realized but no real damages were suffered
- 10compensatory damagesactual $ value of the loss suffered
- 11punitive damagesmoney awarded in excess of the injured person's actual loss. Designed to punish and deter wrongdoing
- 12rationalismethical values can be logically deducted from human reasoning
- 13humanismall people have dignity and worth
- 14utilitarianismbe happy! a happy society is a good society.
- 15individualismindividual person is supreme
- 16communitywelfare of society is supreme
- 17stare decisislook to the decided cases
- 18precedentslower courts generally follow the decisions of the higher courts in similar cases. settled cases guide a court in future cases of similar kind.
- 19exceptionswhen precedents don't have to be followed. precedent is unjust, precedent is poorly reasoned or vague, changing times require new interpretation of the law
- 20where can the law be found?constitutions, treaties, statutes, administrative regulations, and case law.
- 21constitutionsa written document that spells out what kind of powers the government has as well as limits on these powers
- 22treatiestwo or more countries to deal with eachother
- 23statuteswritten rules made by legislatures. called ordinances in cities and counties.
- 24administrative regulationswritten rules by agencies as delegated by elected legislatures
- 25case lawwritten by judges through opinions which interpret the law for all of the above. also known as common law.
- 26dictaa gratuitous statement found in a court opinion that are necessary to the final results in a case
- 27fiduciaryperson who stands in a position of trust and confidence. owes complete duty of excellence and obedience
- 28do friendships count in a fiduciary relationship?no
- 29ethics of dutyfundamental rules necessary for an organized society to exist. "thou shalt nots"
- 30ethics of excellenceour ideals for perfection and living the good life.
- 31which ethics are enforced by the law?ethics of duty
- 32personal ethicshonesty, truthfulness, tolerance, charity, loyalty...etc
- 33societal ethicsour collective personal ethics, religions, philosophies, and ideals
- 34Sarbanes Oxley Act of 2012corporate fraud accountability act.
- 35jurisdictionthe type of case that a court is allowed to hear
- 36subject matter jurisdictionthe type of case that a court is allowed to hear
- 37personal jurisdictionthe right to subject an individual to the judgement of the court
- 38certioariprocess by which the party asks the USSC for permission to appeal their case
- 39federal question jurisdictionwhen constitutional or federal statute questions arise
- 40diversity jurisdictiona case can start in federal court if the amount in question exceeds 75000 and all plaintiffs are from different states than all defendants at the time the lawsuit is filed
- 41residencewhere you live currently
- 42domicilewhere you're from (where you intend to stay)
- 43res judicataprevents a person from being sued twice for the same reason
- 44minimum contactyou have to have interacted with the state or someone/something living there to sue
- 45discoveryprocess by which each party can find out what the other party knows
- 46depositionlegal "fishing" expedition intended to find out what a witness will testify when the case goes to trial
- 47cross claimdefendant against fellow defendants in the same case. plaintiff knows about it
- 48counterclaimdefendant sues the plaintiff in the same case. plaintiff is clueless.
- 49third party complaintagainst a new defendant and brings that new defendant into the plaintiff's case
- 50venuethe physical location of the court
- 51case must be ___ + not ___ripe and not moot
- 52ripesubject matter has already happened
- 53mootcase is already resolved before it goes to court
- 54standingclaim must be legally recognized
- 55triers of factjudge +jury
- 56substantive lawlaw that defines, describes, regulates, and creates legal rights and duties
- 57procedural lawlaws that establish the methods of enforcing the substantive laws. "rules of the game"
- 58challengesused to remove someone from the jury
- 59challenges for causebiased juror
- 60preemptory challengesno reason needed
- 61hearsaystatement made by someone outside of court who is not testifying. is not admissible.
- 62order of trial1. Complaint, 2. Notify defendant of the complaint. 3. Answer 4.Discovery 5. Pre-trial motions 6. trial 7. post trial
- 63summonscourt paper that orders a person to appear in court
- 64long arm statutessufficient "minimum contact" with a state will subject a party to the personal jurisdiction of that state's court
- 65a complaint must have:facts, show jurisdiction of the court, and show that the plaintiff is entitled to relief.
- 66personal service summonshand delivered by sherriff or us marshall
- 67substitute servicehand delivered to defendant's agent or family member
- 68ways summons can be deliveredpersonal service, substitute service, certified mail, publication
- 69with prejudicecase is over
- 70without prejudiceplaintiff can file an amended complaint
- 71why is discovery a good thing?lawsuits are more efficient, lessens probability of injustice, encourages settlement
- 72judgement on the pleadingsif no remaining issues exist before trial, court can grant a judgment without a trial (rare)
- 73summary judgmentif there are no material question of facts left to decide after a party submits supporting affidavits, then judge can decide a case upon the law.
- 74voir direthe process of questioning prospective jurors to make sure that they have no bias or prejudice
- 75direct examinationquestions cannot be leading. normally yes or no.
- 76cross examinationquestions should be leading
- 77subpoenaa court order served on a person requiring that person to testify in court. unlike a summons, which just advises a person they are being sued.
- 78subpoena duces tecumrequires a person to appear in court with documents
- 79motion for directed verdicttries to tell the judge that all elements of the case have not been proven by the plaintiff
- 80motion for judgement N.O.Vthe losing party asks the judge to decide the case notwithstanding the verdict made by the jury
- 81motion for new trialthe losing party asks the judge for a whole new trial based upon some substantial error made during the trial
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- Fichas sobre FIL 185 Exam 1, creado por iilavau el 01/02/2016.
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