Nature & Sources of Law
This “right” is protected by law and allows a person to act—or require others to act or refrain from acting
What is a legal right?
When a case involves a conflict between state law and federal law, this principle determines which law controls
What is federal supremacy / preemption?
These are courts that can hear only specialized or limited types of cases
What are specialty / limited jurisdiction courts?
This motion asks the court to decide the case because no facts are disputed and the moving party is entitled to judgment
What is a motion for summary judgment?
This is a “mini-trial” used in ADR where parties present abbreviated case summaries to a neutral or panel
What is a mini-trial?
These laws are adopted uniformly by states to reduce variation and aid in commerce (e.g. Uniform Commercial Code)
What are uniform state laws?
This type of law is enforced by the state and punishes wrongful acts against society
What is criminal law?
This level of courts reviews decisions of lower courts for errors
What is appellate jurisdiction?
Before trial, parties exchange information through depositions, interrogatories, document requests, etc.
What is discovery?
This ADR method gives the third party the power to decide the dispute, and the decision may be binding
What is arbitration?
This source of law includes rules made by administrative agencies
What is administrative law (regulations)?
This classification distinguishes between private disputes and public wrongs
What is civil law vs criminal law?
This federal court is the general trial court in the federal system
What is the U.S. District Court?
This is the defendant’s formal response denying or admitting allegations
What is an answer?
This ADR technique uses a neutral third party to facilitate negotiation, but the third party does not impose a decision
What is mediation?
Under this doctrine, courts are bound by earlier decisions in similar cases
What is stare decisis?
This term describes law that provides remedies other than monetary damages
What is equitable relief / equity?
A court that hears a case for the first time (versus on appeal) has this jurisdiction
What is original jurisdiction?
The first pleading filed by the plaintiff to initiate a lawsuit
What is a complaint?
This hybrid method begins with mediation, and if that fails, proceeds to arbitration
What is Med-Arb?
This refers to laws created by legislatures (federal, state, or local)
What is statutory law?
The First Amendment is an example of this kind of law
What is constitutional law?
This term describes a court’s authority to hear and decide a case
What is jurisdiction?
When the losing party asks the court to overturn the jury’s verdict after trial
What is a motion for judgment N.O.V.
This ADR method is common in contracts, where parties agree beforehand to resolve disputes outside court
What is a contractual arbitration clause (or binding arbitration)?