Work-Place Injury
This 19th century legal doctrine prevents an employee from recovering from his or her employer when injured by claiming the employee was aware of the risks beforehand and still chose to proceed.
Assumption of Risk
This type of law originated in England. It is made by judges and develops over time.
Common Law
What is a proprietary law school?
A school providing legal education that was not connected to a larger university. Typically run by judges and had limited life spans.
A type of discovery where written questions are presented to the other party and they must respond with written answers. Reserved for parties only, no witnesses and may require them to do research in order to answer questions
Interrogatories
What is a peremptory challenge
dismissal of a juror that does not have to be based on a specific issue
3 per side
This 18th century legal doctrine holds that the owner of a business stands responsible for the actions of his workers
Respondeat Superior
Who are the parties in a civil case
Plaintiff and defendant
Who started Litchfield Law School? Who did this man hire as his associate in 1820?
Tapping Reeve and James Gould
A motion to dismiss that claims the plaintiff failed to state a claim for which relief can be granted
demurrer
What amendment to the Constitution allows for juries in Federal Civil cases?
7th amendment
Priestly v. Fowler
This is a type of law that is not written down but is presumed to be a universal force governing all of society. Its origin is unclear, but it has been claimed to come from God or the universe.
Natural Law
What was the first University Law School in America? Who founded it?
William and Mary
Thomas Jefferson
This occurs when a contract is broken and the court orders the transfer of a unique item to the plaintiff instead of money
Specific performance
Are you entitled to a jury in state civil cases? why or why not?
No, 7th amendment not incorporated
states can make their own laws on juries in civil cases
What is Workman's Comp and in what century(ies) did it develop?
A program adopted by States in the 20th/21st centuries where all industries pay money in taxes that go into a fund to pay out for injuries. Each injury is designated a specific amount of money.
Criminal laws are examples of a _________ law system because they are written in statute form.
civil
Who was the first law professor at William and Mary
George Wythe
This motion occurs before trial and involves the judge considering all affidavits, depositions, and interrogatories. If there is no genuine issue of fact and if the moving party is entitled to it, the judge will grant it and case will be decided in favor of moving party.
Summary Judgment
This case incorporated the 6th amendment right to jury in criminal cases
Duncan v. Louisiana
Explain the argument presented by the Railroad in the case Farwell v. Boston & Worchester RR Corp
They argued that allowing Farwell to recover from them would result in less caution employees, which would lead to the RR being less safe overall. Also that he knew risk involved before accepting job.
What are three things that are necessary to have for a common law system
1. Written opinions and judges
2. hierarchy of courts
3. precedent
After the Civil War, the method of studying law changed from reading and re-writing legal treatises to that of reading cases and being "quizzed" on them. What is this method called and who implemented it?
Case study method
CC Langdell
List and describe all 5 motions that may be requested DURING trial
Directed Verdict
JNOV
New Trial
Remittitur
Additur
Explain the holding of Ramos v. Louisiana (2020)
The case established that jury unanimity is required in state criminal cases.