Chapter 1
Can arise in a variety of personal and business contexts and is always to be avoided as best as possible.
Liability
Is the textual basis that underscores the federal authority over states in the system of Federalism.
The Supremacy Clause
Is based on principles, obligations, and otherwise responsibilities that one views as right or wrong.
Duty-based Ethics
Latin, where juris means "law" and diction means "to speak"
Jurisdiction
A party files this when there is no genuine issue of material fact
Summary Judgment
A jurisprudential approach to the law where through reason the law is self-evident
Natural Law
This right was established by the 14th Amendment after the Civil War and includes a "due process" clause.
Equal Protection
Is based on the outcome or consequences of the decision as to whether it is right or wrong.
Consequential-based Ethics
A limitation on the types of cases that a court can hear
subject matter jurisdiction
A party files this to dismiss a complaint that is accepted as true
Motion to Dismiss
A Latin phrase, referring to binding precedent, that is sometimes, but rarely set aside.
Stare decisis
The highest level of judicial scrutiny which requires the government to show that the law is necessary to promote a compelling state interest.
Strict Scrutiny
Categorical Imperative
Must have a federal question or diversity of citizenship
federal jurisdiction
To be admitted at trial all evidence offered must be
Relevant
The highest, most authoritative source of law in the United States.
U.S. Constitution
This right is nowhere expressly stated in the Bill of Rights, however, the US Supreme Court has ruled that it is found in the Ninth Amendment.
Right of Privacy
Ethical philosophy that seeks to establish "the greatest good for the greatest number of people."
Utilitarianism
Standing
May include requests for interrogatories, admissions, or production of documents
Discovery
It is not a legal remedy that entails monetary damages, but it is a remedy also available to a party that wants to force someone to do or not do something.
Equitable Remedy
A clause in the U.S. Constitution that was initially given a narrow interpretation but overtime was given a very broad interpretation enabling the federal government to expand its regulation over business and other activities typically regulated by states through their police power.
The Commerce Clause
"I Desire to Do Right"
Alternative dispute resolution where a third party helps disputing parties seek a settlement without any power by the third party to impose a settlement upon the parties
mediation
A witness who witnessed nothing but is allowed to offer an opinion
Expert Witness