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Law in Our Lives
Exam #1
| Question | Answer |
|---|---|
| What is the Law? And what is its purpose? | - Provides guidelines on how people should interact - Provides a mechanism for resolving conflicts |
| Why do we study the law? | -The law provides a mechanism for resolving the conflicts and disagreements that arise among us without resorting to personal violence -Everyone should have a basic understanding of the law and out legal system |
| What is Legal Analysis? | the process of applying the law to specific facts |
| What does Legal Analysis involve? | -Reviewing the situation that is creating the legal problem and analyzing the “relevant” facts -Reading and understanding the appropriate legal rules; and -Applying those legal rules to the relevant fact |
| What are the four steps to legal analysis? | 1. Analyze the facts 2. Identify the legal rule 3. Apply the legal rule to the facts 4. report the results |
| What does it mean when a matter is Fact Bound? | Even minor changes in the facts can change the outcome |
| What are the two main sources of law? | -Court-made law (common law) - Enacted law |
| What is enacted law with the constitution? | The fundamental law of a nation or state |
| What is enacted law with the statute? | a law enacted by a state legislature or by congress |
| What is enacted law with the ordinance? | a law enacted by a local government: a subcategory of statutory law |
| What is enacted law by regulation? | a law promulgated by an administrative industry |
| What is mandatory authority? | Court decisions from a higher court in the same jurisdiction |
| What is persuasive authority? | Court decisions from an equal or lower court from the same jurisdiction or from a higher court in a different jurisdiction |
| What is a state decisis? | The doctrine that normally once a court has decided an issue, other courts in the same jurisdiction will decide the same way |
| Why do you brief cases? | Makes you read the case thoroughly and a form of note taking that provides a condensed record of the most important information about the case you briefed |
| What do you include in a case brief? | Case citation, facts. rule, issues, holding, reasoning, criticism |
| What is legal reasoning? | the application of legal rules to a clients specific factual situation, also known as legal analysis |
| What is Jurisprudence? | a term used to refer to philosophical approaches to legal questions |
| What is natural law? | A legal philosophy whose suggest that there are ideal laws that can be discovered through careful thought and humanity’s innate sense of right and wrong |
| What is legal positivism? | A legal theory whose proponents believe that the validity of a law is determined by the process through which it was made rather than by the degree to which it reflects natural law principles |
| What is a confederation? | A form of government in which independent units form an alliance but retain most of their power, delegating only a limited amount of power to a central authority |
| What are sovereign powers? | The power of a government to do the things that are traditionally considered necessary to govern, such as making laws, taxes, treaties, and war |
| What is federalism? | a system of government with the authority to govern is split between single nationwide central government and several regional governments that control specific geographical areas |
| What is the doctrine of incorporation? | The application of the Fourteenth Amendment’s due process protections to incorporate the provisions of the Bill of Rights and make them applicable to the states |
| What is a statute? | A law enacted by a state legislature or congress |
| What is an ordinance? | A law enacted by local government |
| What is administrative law? | Rules and regulations created by administrative agencies |
| What is the enabling act? | A statute establishing and setting out the powers of an administrative agency |
| What is an executive order? | An official policy directive issued by the President, or by the governor of a state, that directs government employees as to how they should implement the law. At the federal level, executive orders are published in the Federal Register |
| What is an executive memorandum? | An official policy directive issued by the President, or by the governor of a state, that directs government employees as to how they should implement the law |
| What is the Codification of the Common Law? | The process of legislative enactment of areas of the law previously governed solely by the common law |
| What is Derogation of the Common Law? | Used to describe legislation that changes the common law |
| What is Equity? | Fairness; a courts power to do justice |
| What is an Injunction? | A court order requiring a party to perform a specific act or to cease doing a specific act |
| What is a Specific Performance? | A requirement that a party fuffill his or hers contractual obligations |
| What system of Government does the US use? | Federalsim |
| When does federal law apply? | US constitutional issue, federal issue, regulations of federal agency |
| What can state laws do? | -Laws must relate to health, welfare, safety and morals of state’s citizenry -Laws cannot violate U.S. Constitution - Each state free to create own laws |
| What is the Doctrine of Preemption? | -Doctrine prevents states from passing laws that conflict with federal laws -Doctrine may prohibit states from passing any laws on a particular subject -States can pass addition regulations that do not conflict with federal laws |
| What is civil law? | Law that deals with harm to an individual |
| What is criminal law? | Law that deals with harm to society as a whole |
| What is each standard of proof and what do they mean? | Beyond Reasonable doubt, Preponderance of the evidence, clear and convincing |
| What does double jeopardy mean? | A const. protection against being tried twice for the same crime |
| What are the two types of crimes? | Felonies: Serious crimes, jail time of 1> Misdemeanors: Minor crimes, fine or >1 of jail time |
| What are the three categories of crimes? | - Crimes against persons ( Homicide, kidnapping, etc) -Crimes against properties (theft, robbery) - Crimes against public health or decency (drug, bribery) - Crimes against government (treason) |
| What does Mens Rea mean? | Requisite bad intent |
| What does Actus Reus mean? | Requisite bad act |
| What are the areas of civil law? | Contracts, property (real and personal), torts (intentional and negligence) |
| What is Substantive V Procedural? | Substantive- law creates rights and duties Procedural- law regulates how the legal system works |
| What is a trial court? | Courts that determine the facts and apply the law to the facts |
| What is original jurisdiction? | The authority of a court to hear a case when it is initiated, as opposed to appellate jurisdiction |
| What are questions of the fact? | Questions relating to what happened: who, what, when, where, and how |
| What are questions of law? | Questions relating to the interpretation or application of the law |
| What is a bench trail? | Trial without a jury |
| What are appellate courts? | Courts that determine whether lower courts have made errors of law |
| What is an appellant or a petitioner? | A party that has initiated an appeal |
| What is an Appellee or respondent? | The party in which the appeal has been filed against |
| What is a shadow docket? | Emergency applications from trial courts to the U.S. Supreme Court that are decided without oral argument and are unsigned and unexplained |
| What is diversity of citizenship? | A situation where the opposing parties are from different states and the amount in controversy exceeds $75,000 |
| What is a state decisis? | The doctrine that normally once a court has decided an issue, other courts in the same jurisdiction will decide the same way |
| What is persuasive authority? | Analogous court decisions from an equal or a lower court from the same jurisdiction, or from a court in a different jurisdiction; also includes secondary authority |
| What does Analogous mean? | Similar cases |
| What is Textualism? | A method of legal interpretation that focuses only on the language of a statute or constitutional provision |
| What is Pragmatism? | A method of legal interpretation that looks at history, tradition, precedent, purposes, and consequences needed to maintain the values embodied in the document being interpreted |
| What is an adversarial system? | Effort to find the truth |
| What is mediation? | Non binding |
| What is Arbratation | Legally binding- super hard to enforce |
| What percent of negotiations are settled? | 90% |
| What is a Summons and Complaint? | Summons- summoning to court Complaint- the complaint, why |
| What is it called when the defendant responds to a summons and complaint? | Answer |
| What is subject matter jurisdiction? | Whether there is authority to summon someone to court |
| What are the two types of court systems Michigan has? | District- small claims, people court (25k max Circuit- Above 25k, exclusive subject matter |
| Land Lord and tenant cases can only be in one court no matter what. Which one? | District |
| What is a 12(b)(6) motion? | claim of action |
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