Cases
What happened in Carey V Davis and what was the issue?
Man hit by train (not railroad's fault)
-Railroad employees witnessed incident + did nothing
- Man died before assistance arrived-
Issue: Did railroad (through its employees) have a duty to help the victim?
Define Stare Decis
"Let the decision stand"
Judge looks at past judge rulings to stay consistent
What are the Jurisprudential Theories
Optional Bonus: Define them!
Legal positivism: law is what the sovereign says it is (whether right or wrong)
Legal realism: enforcer of law matters more than what law actually says
Natural law: an unjust law is no law at all (and need not be obeyed)
What are the different appellate court dispositions (5)?
Optional Bonus: Define
Affirm- no change to lower court's decision
Modify- affirm in part w/specific changes
Reverse- lower court's decision is "cancelled"
Remand- case sent back to lower court for additional proceedings
Render- appellate court enters its own judgment (does not send case back to lower court)
Difference between administrative law and administrative regulation ("Rule")
Administrative Law: law governing governmental administrative agencies
Administrative Regulation ("Rule"): Form of administrative law; a regulation that defines, clarifies, or enforces a statutory objective.
What happened in Union Pacific Railway Co. v. Kappier and what was the issue?
Man hit by train (not railroad's fault)
-Railroad employees witnessed incident + did nothing
- Man died before assistance arrived-
Issue: Did railroad (through its employees) have a duty to help the victim?
Burden of Proof
-In civil cases, the plaintiff has the burden of proof
-Plaintiff must prove all elements of claim
Polly protester spends her days actively encouraging others to ignore a new law that requires all US citizens to report and suspected undocumented individual to authorities.
Which jurisprudential theory do Polly's actions most closely reflect?
a) legal positivism
b)critical jurisprudence
c)legal realism
d)legal activism
e)natural law
E : Natural Law
What happened in Osterlind V. Hill and what was the issue?
Osterlind rented canoe from Hill; fell out into water
-For 30 minutes, Osterlind held onto canoe + yelled for help
-Hill heard Osterlind but did nothing
Osterlind drowned
Issue: Did Hill have a duty to help Osterlind?
Injunction
Court order that demands a party to do/not do something
Ms Krabs has instituted a class rule forbidding students from taking any bathroom breaks at any time. Principal Skinner enforces the rule without exception, on the grounds that Mrs. Krabs is the boss of her classroom and what she says goes.
Which jurisprudential theory do Principal Skinner's actions most closely reflect?
a)Legal idealism
b)Legal realism
c)Civil Law
d)Legal positivism
e)Legal surrealism
D: Legal Positivism
What happened in Tarasoff v. Regents of the University of California and what was the issue?
College student (Poddar) told university psychiatrist he was going to kill another student (Tarasoff)
-Two months later, Poddar killed Tarasoff
Issue: Did psychiatrist owe a duty to Tarasoff?
Define Preponderance of evidence and is it for criminal cases, civil cases, or both?
Preponderance of evidence: more likely than not; greater than 50%
Civil Claims
A small supplier signs a contract only because a huge company threatens to cut off future business. When the case goes to court, the judge doesn’t stick to the exact wording of the statute. Instead, the judge looks at how things actually work in the industry and how much pressure big companies can put on smaller ones. The judge voids the contract because the supplier realistically had no choice.
Which jurisprudential theory does the Judge's actions most closely reflect?
A) Legal Realism
B) Natural Law
C) Legal Positivism
D) Common Law
A) Legal Realism
In Carey V Davis an employer dragged his unconscious employee ti a spot still in the sun, after the employee had passed out from a sunstroke
Which of the following statements most accurately reflects the issue before the court in this case?
a)Whether the employer breached his duty to assist the employee
b)Whether the employer had a moral duty to assist the employee
c)Whether the employer had a legal obligation to assist the employee
d)Whether the employer met his duty to assist the employee
C: Whether the employer had a legal obligation to assist the employee
Limited Jurisdiction vs General Jurisdiction
Limited Jurisdiction:The types of cases a court can hear
EX: probate; small claims; juvenile
General Jurisdiction: Broad Range of Cases
What answer choice most accurately describes the difference between Legal Positivism and Legal Realism?
A) Legal Positivism: Law is valid because it is created by proper authority. Legal Realism: Judges should follow moral principles that come from human nature.
B) Legal Realism: Judges should apply the law strictly as written. Legal Positivism: Judges decide cases based on real‑world outcomes and practical effects.
C) Legal Positivism: Law is what the legislature or authority says it is, regardless of personal views. Legal Realism: Judges consider real‑world conditions, social context, and practical consequences when applying the law.
D) Legal Realism: Judges rely only on written rules with no regard for real‑world impact. Legal Positivism: Judges shape the law based on social realities and practical outcomes.
C: Legal Positivism: Law is what the legislature or authority says it is, regardless of personal views. Legal Realism: Judges consider real‑world conditions, social context, and practical consequences when applying the law.