Lsb cheat sheet 1 PDF

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Cheat sheet for exam 1...

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Mercantilism: produced for the benefit of man Culture- static “ought” Society- kinetic “is” Norms do not equal habits Norms: standards of behavior for individuals, groups or organizations Values: broad guides to action based on deeply held convictions about good and bad Beliefs: empirically (scientific) and non-empirically (religious) verifiable ides about the world 3 P’s: profits, people, planet Institutional mechanisms: helps maintain control; very broad; ex. walking or driving on the right side Kant’s categorical imperative – human beings are not a means to an ends; truth telling; can never deviate; asking what would happen if everyone did it Federalism: US constitution trumps state law Trier of law – judge Trier of fact – jury or judge w/o jury Statutes: federal, state, and local (ordinances) – written law passed by a legislative body Administrative law: the body of law that regulates the operation and procedure of government agencies State constitution cannot violate US constitution “state actor” – government “class action” – multiple plaintiffs Civil court establishes liability Standing to sue: reason for suing; harm has been caused Burden of proof falls on plaintiff Injunction: stops somebody from doing something Specific performance is specific items such as land, property, etc. Restraining order: temporary injunction Stare decisis: judges are obligated to follow the precedents established within their jurisdictions Binding decisions: decisions made by a higher court are binding to lower courts Persuasive decision: decisions made by courts at the same level or lower courts Private law: affects rights and obligations of individual, groups, etc. contract law, tort law, property law Public law: law that affects society as a whole i.e. administrative, criminal, municipal Majority opinion: not unanimous; outlines the views of the majority of the judges deciding on the case Dissention opinion: presents the views of one or more judges who disagree with the majority

In personam jurisdiction: judgment can be enforceable against person wherever they are

In rem jurisdiction: property located within its boundaries Appellate court: once the case has been appealed Federal question jurisdiction: any lawsuit involving a federal question can originate in a federal court; applies federal law Diversity of citizenship jurisdiction: in a civil procedure, a US district court can hear the case if the amount exceeds $75,000 and where the parties are “diverse” in citizenships (dif. States) Venue: most appropriate location for a trial Standing to sue: sufficient stake in a matter to justify seeking relief through the court system District/trial courts: courts in which trials are held and testimony is taken Court of appeals: generally do not conduct new trials; three or more judges review the record of the case on appeal US supreme court: highest level of the three-tiered federal government court system Writ of certiorari: petition to be heard in the supreme court; not a decision, just a chance to be heard in the supreme court Negotiation: a process in which the parties attempt to settle their dispute informally w/ or w/o attorneys to represent them Mediation: a neutral third-party acts as a mediator and works with both sides in the dispute to facilitate a resolution Arbitration: an arbitrator (neutral third-party or panel of experts) hears a dispute and imposes a resolution on the parties Choice of law clause: designate the jurisdiction where any dispute arising under the contract will be litigated and which nation’s law will be applied Forum shopping: getting a case heard in a court that is favorable to you Contingency fees: a percentage of a client’s recovery in certain types of lawsuits Discovery: both sides investigate Court summons: a notice requiring the defendant to appear in court and answer the complaint Pleadings stage: complaint and answer Default judgment: judgment based on one parties failure to take action Cost-benefit analysis: tangible and intangible costs – ask: how much can I receive if I win; what are the odds of winning; can you collect if you win; what will it all cost? Motion for summary judgment: motion asking the court to enter a judgment in his or her favor without a trial Up-john factors: communications between counsel and employees; communications concerned with matter within the scope of employment; employees made aware of legal nature of communications; responses were highly confidential; and information not otherwise available

Police powers: state regulatory powers Federal preemption: federal law trumps state law Commerce clause: prevents state from establishing law and regulations that would interfere with trade and commerce among states; provides the basis for the national government’s extensive regulation of state and local affair Dormant commerce clause: prohibit state laws that discriminate against interstate and international commerce Ex post facto: can’t get in trouble for a crime you did yesterday when the law was made today Fundamental rights: enumerated and unenumerated; first amendment, right to travel, right to vote, privacy rights (marriage and procreation) or suspect characteristics like race or color Political speech: falls within the first amendment Symbolic speech: gestures, movements, articles of clothing, and other forms of expressive conduct First amendment: religion, speech, press, and right to assemble Commercial speech: consists of primarily marketing and advertising communications made by the business firms that involve only their commercial interests Not protected speech: Clear and present danger/fighting words: incites or produces imminent lawless action Defamation: falsity that injures another’s reputation; verbal is slander, written is libel Obscene speech: appeals to a prurient interest in sex, violates community standards and has no redeeming literary, artistic, political, or scientific merit Content neutral laws: regulate time, place, and matter but not the content; Are content neutral Are narrowly tailored to achieve a legitimate state interest Allow alternatives for speech (not shutting down speech completely) Prior restraint: censorship Right of association: both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. Penumbra theory: implied rights provided in the constitution Rational basis test: economic or social welfare; “easiest” Substantially related test: gender and legitimacy Strict scrutiny: fundamental rights or race or color; most rigorous...