Sources of Law & Court System
What is stare decisis, and why is it important?
Stare decisis is the doctrine of precedent, meaning courts follow previous rulings in similar cases. It ensures consistency and predictability in the legal system.
What document does the plaintiff file to start a lawsuit?
a complaint
What is federalism?
Federalism is the division of power between federal and state governments.
What are the three main types of torts?
Intentional torts, negligence, and strict liability.
Why does product liability law exist?
To protect consumers from defective products and hold manufacturers accountable.
What is the difference between a civil and criminal lawsuit?
A civil lawsuit involves disputes between individuals or entities, typically over money, while a criminal lawsuit involves the government prosecuting an individual for violating laws, which can result in fines or imprisonment.
What are two key types of discovery tools used before trial?
Depositions (sworn witness interviews) and interrogatories (written questions requiring written responses).
What is the Commerce Clause, and how has it expanded federal power?
The Commerce Clause allows Congress to regulate interstate commerce. It has expanded federal power by enabling regulation of business activities affecting multiple states.
What does "intent" mean in intentional tort cases?
It means the defendant acted with purpose or knowledge that harm was substantially certain to result.
Name three common defects that can make a product dangerous.
Name the three types of jurisdiction courts need to hear a case.
Personal jurisdiction (over the parties), subject matter jurisdiction (court’s authority to hear the type of case), and venue (location where the case is heard).
What is voir dire, and why is it important?
Voir dire is jury selection. It ensures jurors are impartial and unbiased.
How do checks and balances work in the U.S. government?
Each branch can limit the powers of the others: Congress makes laws, the president enforces them, and courts interpret them.
What is the purpose of the tort system?
To compensate victims, deter harmful behavior, and provide justice for wrongful acts.
What is market share liability?
A theory allowing multiple manufacturers to be held liable based on their market share when the specific manufacturer of a harmful product cannot be identified.
What are the threshold requirements for a lawsuit to proceed?
Standing (plaintiff has a legal stake in the case), case/controversy (an actual dispute exists), and ripeness/mootness (case must be ready for review and not irrelevant).
Explain the difference between pretrial motions and motions during trial.
Pretrial motions (e.g., motion to dismiss, summary judgment) attempt to resolve issues before trial. Motions during trial (e.g., motion for directed verdict) address legal issues that arise during proceedings.
What does the Supremacy Clause establish?
the Supremacy Clause establishes that federal law overrides state law when conflicts arise.
Define negligence and its four elements.
What defenses are available in a product liability case?
Assumption of risk, product misuse, statute of limitations, and comparative negligence.
Explain the tiered structure of state and federal courts.
State courts: trial courts → intermediate appellate courts → state supreme court.
Federal courts: district courts → circuit courts of appeal → U.S. Supreme Court.
What happens after an appeal is filed, and when is it mandatory?
the appellate court reviews legal errors but does not retry facts. Appeals are mandatory in criminal death penalty cases but discretionary in most civil cases.
How does the Bill of Rights protect U.S. citizens?
It guarantees fundamental rights, including free speech (1st Amendment), due process (5th Amendment), and protection against unreasonable searches (4th Amendment).
Explain strict liability and how it differs from negligence.
Strict liability holds a defendant responsible for harm regardless of intent or negligence, typically applied in inherently dangerous activities (e.g., defective products, wild animals, explosives).
Are manufacturers typically held to a negligence or strict liability standard? Why?
Strict liability, because it ensures consumer safety by making manufacturers responsible for defects, even if they weren’t negligent.