Jurisprudential theories
What are the 3 jurisprudential theories
legal positivism
legal realism
natural law
Litigation process in order
Pre-lit > lawsuit filed > pretrial > trial > appeal(s)
Subject Matter Jurisdiction and the two types
Subject Matter Jurisdiction- the type(s) of case a court can hear
Types:
-Limited
-General
What is discovery?
Permits parties to access/evaluate other side's evidence
A business contract requires disputes to be resolved by a neutral third party who listens to both sides and then makes a binding decision that the parties must follow. Which method of dispute resolution does this describe?
A)Negotiation
B)Mediation
C)Arbitration
D)Litigation
C) Arbitration
enforcer of law matters more than what law actually says
Legal Realism
True or false In a civil lawsuit, the plaintiff must prove their case beyond a reasonable doubt
False, this is the criminal standard
Civil cases are "more likely than not"
Limited Jurisdiction and EX
The types of cases a court can hear
EX: probate; small claims; juvenile
Written questions under oath
Interrogatories
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
Statute:
Drivers must stop at a stop sign.
A judge in a busy city interprets this strictly and fine drivers who don't obey
A judge in a rural area is more lenient, knowing the road is empty and people usually slow down instead of fully stopping.
Legal Realism
What happens in pre-trial
-Discovery
-Motion of practice
-Settlement Negotiations
-Trial Prep
A court that can hear criminal or civil cases. Has a broad range.
General Jurisdiction
You are given documents to approve or deny their facts ( think requests for production )
Request for admissions
An appellate court finds that the trial court made an error, but they have all the facts and evidence so the correct judgment can be determined without sending the case back. What is the proper action for the appellate court to take?
A)Affirm
B)Modify
C)Render
D)Remand
E)Reverse
C) Render
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
In the Jones V. Clinton Case, Jones sued Clinton for discrimination and harassment, alleging that she suffered various job detriments after refusing his sexual advances
Which of the following statements most accurately reflects the trial court's holding in the case?
a)None of the essential elements of Jones claim were in dispute, so jones was entitled to summary judgement without sending the case to a jury
b)The court required to dismiss the case because clinton had been elected president
c)The court granted Clinton's motion to compel discovery
d)The undisputed facts were insufficient to meet all elements of jones cause of action and the disputed facts were not material, so clinton was entitled to summary judgement without sending the case to a jury
e)None of the reflects the trials courts holding
D)The undisputed facts were insufficient to meet all elements of jones cause of action and the disputed facts were not material, so clinton was entitled to summary judgement without sending the case to a jury
When does a court not have personal jurisdiction?
-Doesn't live in the state
-Wasn't served in the state
-Has no business in the state
You must provide relevant documents and materials
Requests for production
The Food and drug administration decides to prohibit the latest weight-loss drug from being marketed in the united states. This is an example of:
a)Agency law
b)Executive order
c)An administrative regulation
e)Separation of powers
c)An administrative regulation
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
Label the Definitions:
-Documents that start a lawsuit
-Components (GIVEN)
-Filed by plaintiff
-Notifies Defendant of lawsuit
-Brief reply to complaints filed by defendant
-Defendant makes affirmative Claims
-Defendants response to counterclaim
Pleadings
Components
Complaint
Summons
Answer
Counterclaim
Reply
True or false? The Texas Court of Criminal Appeals is an intermediate appellate court.
False
This is the highest criminal court in Texas. Intermediate is between this court and trial.
You must put your hand on a book in court and swear an oath before questioning
Oral Deposition
Congress passes a law imposing penalties for displaying indecent material online where children could see it
True or false? If the US Supreme court subsequently rules that the statute conflicts with the first amendment of the US constitution, the statute is void
True or false? If congress disagrees with the Supreme Court's ruling, it can pass legislation to effectively overrule the court's decision.
True
False