Untitled Quiz

Ethical Frameworks

• Utilitarianism: Focuses on the greatest good for the greatest number of people.

  • Jeremy Bentham: Developed the hedonistic calculus, which weighs pleasure against pain to determine the best action.
  • John Stuart Mill: Argued for higher-order pleasures like intellectual pursuits.
  • Consequentialist Approach: Evaluates the morality of an action based on its outcome, not the intent behind it.

• Deontology: Emphasizes duty and moral obligation, regardless of consequences.

  • Kant: Introduced the categorical imperative, which states that actions should be universalizable and treat others as ends in themselves, never merely as means.

• Virtue Ethics: Focuses on the character of the individual and how they cultivate virtues.

  • Aristotle: Introduced the concept of eudaimonia (flourishing) and the golden mean, a balance between extremes.

Foundations of the US Legal System

• Four Primary Sources of US Laws:

  • Constitution: The supreme law of the land, establishing the framework of government and defining fundamental rights.
    • Supremacy Clause: Determines that federal law overrides state law when the two conflict.
    • 10th Amendment: Reserves powers not delegated to the federal government to the states and the people.
  • Statutory Law: Laws enacted by legislative bodies at all levels of government (federal, state, local).
    • UCC (Uniform Commercial Code): A set of standardized laws governing commercial transactions.
  • Regulatory/Administrative/Agency Laws: Rules and regulations created by government agencies to implement statutes.
  • Case Law/Common Law/Judge-Made Law: Legal principles established by judicial decisions in previous cases.

• Three Branches of Government: The legislative branch (Congress) makes laws, the executive branch (President) enforces laws, and the judicial branch (courts) interprets laws.

• Hierarchy of US Laws: Federal laws supersede state laws, and state laws supersede local laws.

• Secondary Sources of US Law: These are not legally binding but provide background information and analysis.

• Legal Remedies: Compensation for a legal wrong, such as monetary damages.

• Equitable Remedies: Used when legal remedies are insufficient, such as injunctions (court orders to stop an action) or specific performance (requiring someone to fulfill a contract).

• Legal Precedent: Previous court decisions that serve as guidelines for similar cases.

• Stare Decisis: The principle of following precedent, meaning courts should adhere to earlier decisions unless there is a compelling reason to overturn them.

  • Two Aspects of Stare Decisis: Vertical stare decisis (lower courts are bound by decisions of higher courts) and horizontal stare decisis (courts are bound by their own earlier decisions).

• Three Tiers of Courts: Federal and state court systems consist of trial courts (first instance), intermediate appellate courts, and a court of last resort (Supreme Court).

• Judicial Review: The power of the courts to declare laws unconstitutional.

  • Marbury v Madison: Established the principle of judicial review.

• Jurisdiction: The authority of a court to hear a case.

  • Personal Jurisdiction: The court's power over the parties in the case.
    • Minimum Contacts: A defendant must have sufficient contacts with the state where the court is located to be subject to its jurisdiction.
  • Subject Matter Jurisdiction: The court's power to hear the type of case before it.
    • Federal Jurisdiction: Federal courts have jurisdiction over cases involving:
      • Federal Questions: Cases arising under the US Constitution, federal statutes, or treaties.
      • Diversity of Citizenship: Cases involving citizens of different states or citizens and foreign citizens.

• Venue: The geographical location where a case can be tried.

• Standing to Sue: The legal right to initiate a lawsuit.

Other Legal Terminology

• Statute of Limitations: Sets a time limit for bringing a lawsuit.
• Plaintiff: The party who initiates a lawsuit.
• Defendant: The party being sued.
• Appellant: The party who appeals a lower court's decision.
• Appellee: The party against whom an appeal is filed.
• Substantive Law: Defines rights and obligations.
• Procedural Law: Governs the process of enforcing rights and obligations.
• Civil Law: Deals with disputes between individuals or entities.
• Criminal Law: Deals with offenses against society as a whole.
• Majority Opinion: The opinion of the majority of judges in a case, which establishes the holding of the court.
• Dissenting Opinion: An opinion by a judge who disagrees with the majority decision.
• Concurring Opinion: An opinion by a judge who agrees with the majority decision but for different reasons.
• Writ of Certiorari: A petition to the Supreme Court to review a lower court's decision.

Alternative Dispute Resolution

• Negotiation: Direct communication between parties to try to reach an agreement.
• Settlement: An agreement reached by the parties in a lawsuit to resolve the dispute.
• Mediation: A neutral third party facilitates discussions between the parties to help them reach a settlement.
• Arbitration: A neutral third party hears evidence and issues a binding decision that resolves the dispute (can be non-binding).

Court Procedure

• Attorney's Fees: Can be fixed, hourly, or contingent on the outcome of the case.

• Pleadings: The initial documents filed in a lawsuit:

  • Complaint: The document filed by the plaintiff outlining the basis of the lawsuit.
  • Answer: The defendant's response to the complaint, either admitting, denying, or raising defenses.

• Service of Process: The formal delivery of the complaint and summons to the defendant.

• Motion: A formal request to the court for a specific action.

• Discovery: The process of obtaining information from the opposing party before trial.

  • Deposition: A sworn statement taken from a witness outside of court.

• Voir Dire: The process of questioning potential jurors to select a jury.

• Trial: The formal hearing of a case before a court.

  • Opening Statements: Presentations by each side outlining their case.
  • Direct Examination: The questioning of a witness by the party who called the witness.
  • Cross Examination: The questioning of a witness by the opposing party.
  • Closing Arguments: Final statements made by each side summarizing their case.
  • Jury Instructions: Instructions given by the judge to the jury about the law applicable to the case.
    • Question of Fact: Decided by the jury.
    • Question of Law: Decided by the judge.
  • Verdict/Award: The jury's decision in a case.

• Post-Trial: Proceedings that may occur after trial, such as motions or appeals.

  • Motions: Formal requests to the court to modify or overturn the verdict.
  • Appeals: A review of a lower court's decision by a higher court.
    • Affirm: Upholding the lower court's decision.
    • Reverse: Overturning the lower court's decision.
    • Remand: Sending the case back to the lower court for further proceedings.

Constitutional Law

• Federal Form of Government: Power is shared between the federal government and the states.

• Police Powers: The authority of states to regulate the health, safety, morals, and welfare of their citizens.

• Privileges and Immunities Clause: Prohibits states from discriminating against citizens of other states.

• Full Faith and Credit Clause: Requires states to respect and enforce the laws and court decisions of other states.

• Separation of Powers: The division of government power among the legislative, executive, and judicial branches.

• Checks and Balances: Each branch of government has the power to limit the actions of the other two branches.

• Commerce Clause: Grants Congress the power to regulate commerce among the states.

  • Gibbons v Ogden: Established the broad interpretation of the Commerce Clause, giving Congress significant regulatory power.

• Supremacy Clause: Federal law trumps state and local law when they conflict.

• Preemption: Occurs when federal law takes precedence over state law in a particular area.

• Taxing and Spending Powers: Congress has the power to tax and spend for the general welfare.

• Bill of Rights: The first ten amendments to the US Constitution, guaranteeing fundamental rights.

• Amendments 1, 4, 5, 10, and 14:

  • 1st Amendment: Guarantees freedom of speech, religion, press, assembly, and the right to petition the government.
  • 4th Amendment: Protects against unreasonable searches and seizures.
  • 5th Amendment: Guarantees due process of law and prohibits double jeopardy and self-incrimination.
  • 10th Amendment: Reserves powers not delegated to the federal government to the states and the people.
  • 14th Amendment: Guarantees equal protection of the laws and due process of law.
    • Due Process: Ensures fairness and impartiality in legal proceedings.
    • Equal Protection: Prohibits discrimination based on race, religion, national origin, or other protected classifications.
    • Fundamental Rights: Certain rights that are considered essential for a just society and are protected from government infringement.

Contracts

• Four Elements of a Contract:
  • Agreement/Consent/Intent/Meeting of the Minds/Mutual Assent/Offer and Acceptance: An offer and acceptance must be present, signaling a mutual understanding between the parties.
    • Duress: Forcing someone into a contract against their will.
    • Misrepresentation in the Inducement (Fraud or Negligent Misrepresentation): Someone is mislead about crucial information regarding the contract.
    • Undue Influence: One party uses their dominant position to influence the other into entering a contract unfairly.
    • Requirements of Offer and Acceptance: The offer must be definite, communicated, and accepted by the other party.
    • Termination of Offer/Power of Acceptance: Offers may be terminated by revocation, rejection, lapse of time, death or incapacity, or destruction of the subject matter.
    • Bilateral v Unilateral Contract: Bilateral involves an exchange of promises, while unilateral involves a promise in exchange for an action.
    • Statute of Frauds: Requires certain types of contracts to be in writing to be enforceable.
  • Consideration: Something of legal value exchanged by the parties.
    • Legal Value: Benefit or detriment to the parties.
    • Weighing the Adequacy: The courts usually refrain from assessing the adequacy of consideration.
    • Past Consideration Rule: An act already performed cannot be considered adequate consideration.
    • Pre-existing Duty Rule: A promise to perform a pre-existing legal duty is not considered valid consideration.
  • Capacity/Legally Competent Parties: Those entering the contract must have the legal ability to contract.
  • Legality/Legal Purpose: The contract's purpose must be legal and not against public policy.

Other Contract Terminology

• Valid Contract: Meets all the elements of a valid contract and is legally enforceable.
• Void Contract: A contract that is not legally valid or enforceable.
• Voidable Contract: A contract that is valid but can be voided by one or both parties.
• Amendment: A modification to an existing contract.
• Assignment and Assumption: A transfer of rights and obligations under a contract to a third party.