Sources of law
What is a synonym for statutory law?
Legislative enactments
Two-part question:
1.) Name all eight types of jurisdiction.
2.) Which two must a court have to have jurisdiction over a case?
1.) personal/property 2.) subject matter 3.) original 4.) appellate 5.) General 6.)limited 7.)exclusive 8.) concurrent
Personal/property and subject matter.
What was the "landmark" case regarding the commerce clause? Explain why it is considered the "landmark" case.
Gibbons VS Ogden
The court ruled that the commerce clause applies/Congress can regulate intrastate commerce if it directly affects interstate commerce.
Name the three characteristics of our government: which is a distinctive/unique characteristic.
1.) Tripartite form (three branches)
2.) Separation of powers
3.) System of checks and balances (distinctive)
Alex loves to dance naked on Panama City Beach more than anything in the world. Despite the constant criticism, Alex believes in "body positivity" and "feeling confident in your own skin." He does not let the families on vacation at the beach stop him from living his "best life." Is Alex allowed to do this? Why or why not?
No, although nude dancing is protected by freedom of speech under the First Amendment. This right is subject to more strict regulation when children are around.
A material/relevant fact is to a ______, as an immaterial/irrelevant fact is to procedural facts.
Material/relevant facts are substantive facts (substantive facts are material/relevant)
Immaterial/irrelevant facts are procedural facts (immaterial/irrelevant facts are procedural facts)
Which forms of civil discovery can be propounded to a party only?
Which forms of civil discovery can be propounded to both a party and non-party?
Party only: 1.)Interrogatories
2.) Request for admissions
Both a party and nonparty: 1.) "RFPs"
2.) depositions
Explain the case of Marbury vs Madison. Why is it significant? What did it establish?
Established: the doctrine of judicial review, which allows the judicial branch to make decisions regarding other branches of government.
David loves the concept of "the regulatory powers of the states" more than anything on the planet. However, his obsession/addiction to "the regulatory powers of states" has ruined his social life. David only allows people to associate with him if they can answer three questions: 1.) What is a synonym/phrase for the regulatory powers of the states? 2.) What amendment grants/allows states to have "regulatory powers of the states" 3.) How do we describe the relationship of "the regulatory powers of states" (HINT: "V/H")
1.) "police powers" = "the regulatory powers of the states"
2.) The 10th amendment
3.) "Regulatory powers of the states": a Vertical relationship between the states and federal government
What is Georgia's trial court called?
What are federal trial courts called?
GA: Superior court
FED: District courts
Name all of the sources of law. Hint: there are 6
1.) common law 2.) constitutional law 3.) statutory law 4.) administrative law 5.) case law 6.) international law
Jack is anything but wealthy; although he works five jobs and is in college, he cannot stay on top of his finances (probably because of his sports betting habit... he is a big Lions fan and expected them to go all the way). Jack was late on rent one month and had no choice but to take out a loan from his roommate (a 49ers fan). Jack stayed off gambling while he could and made five payments back on the loan. Jack could not help himself and went all in on the chief's money line and got burned. When his roommate sues him for the rest of the money on the loan, Jack admits EVERYTHING in court. He admits he never paid him back, his gambling problem, and that he is untrustworthy. What motion would the judge likely grant in this situation?
Motion for judgment on the pleadings: Jack admitted everything; there's no need for a trial.
Explain Wickard VS Filburn. Why is it significant?
Established that Congress can regulate intrastate commerce, even if it does not directly affect interstate commerce.
When is "due process" to be used? What does "due process" require?
Due process is to be used when anything of value is being taken away from someone.
Due process requires:
1.) a notice
2.) and an opportunity to be heard
Equity is concerned with what is _____
while,
Law is concerned with what is_____
equity: Fair
Law: just
Two-part question:
1.) What levels of government can have administrative agencies?
2.) Who "creates", "manages" and "keeps" (administrative agencies) "in check"
1.) Administrative agencies can be found at the federal, state, and local levels of government.
2.) creates: congress, manages: executive, keeps in check: Judicial
Kyle prefers litigating disputes rather than searching for a resolution in an "alternative form of dispute resolution." Without Kyle's knowledge, AJ, his best friend, had a romantic relationship with Kyle's girlfriend of seven years. Furious and want-to-be lawyer, Kyle decided to sue AJ for "intentional infliction of emotional damage." When in court, the judge told Kyle that this case was a waste of his time and that he had more important cases to handle. The judge provided Kyle with three alternative dispute resolution forms: negotiation, arbitration, and mediation. The judge further told Kyle that if he did not pick a form, he would choose for him and force/order the parties to engage in the alternative form of resolution before litigating further. Can the judge do this? If so, can he force the parties to engage in all three forms or just some? If not, why?
The judge can order Kyle and AJ to engage in negotiation and mediation.
However, arbitration cannot be forced upon the parties, as they have the right to a jury trial.
What level of scrutiny was used in the case Bad Frog Brewery VS NYLA? Why?
Strict scrutiny because the NYLA attempted to regulate Bad Frog Brewery's fundamental right of freedom of speech.
What key rights are granted under the 5th amendment?
1.) No person is to answer for a capital or infamous crime unless indictment by a grand jury.
2.)double jeopardy
3.) No person is to be compelled to be a witness against himself (right to remain silent)
4.) Due process
5.) No unjust takings without adequate compensation
Name all four elements of strict scrutiny.
When does a court use strict scrutiny.
1.)The court uses strict scrutiny when the government tries to regulate a fundamental right (ex-freedom of speech)
2.)govt must have a compelling/substantial interest in regulating the right
3.) the interest must be directly advanced by the regulation
4.) The regulation must achieve its purpose.
What do we mean when we say:
It is the "duty of attorneys as officers of the court to disclose adverse authority."
If you have information that will help the opposition build a stronger case against your own, you MUST disclose that information.
Even though Jeff is 29... he still lives with his father in Georgia. After a family dispute occurred on Thanksgiving, Jeff filed a single lawsuit against his father and EVERY SINGLE extended family member on his father's side (ALL of whom live in California). The damages Jeff seeks are exactly one million dollars. In the case of Jeff VS "Jeff's father's side of the family." Is the case to be filled in the state court system, federal court system, or both?
The case must be handled in the state court system. While Jeff seeks over $75,000, there needs to be complete diversity of citizenship to have the option to also file federally.
Explain BOTH "Trunk VS City of San Diego" and "Thompson VS Holms." What First Amendment freedoms does each concern?
Trunk VS City of San Diego: Establishment clause
Thompson VS Holms: freedom of expression
What two clauses in the Constitution consider/address the "relations among states"? (horizontal relationship between states) What do they mean?
1.) privileges and immunities clause
2.) Full faith and credit
Alex knew he had a lawsuit filed against him for a BIG mistake he made last Friday night... the seltzers got ahold of him again. He had successfully evaded service for a week and was starting to get really paranoid. The following Friday night, he decided he would pack his bags and move far far far away (he can't afford his gambling problem, let alone a lawsuit). Little did he know before he got home, his sister's boyfriend was dog-watching at the house alone when he was tricked into accepting a summons from a fake pizza delivery man. Is the the summons "valid"?
No. Notorious service requires the person accepting the summons to be domiciled in the same residence.