Civil Procedure Quiz

Introduction to U.S. Legal System

• Jurisprudence is the philosophical interpretation of law's nature and purpose. It considers what law is and why it exists.
• Law and morality are linked yet distinct concepts. Some laws reflect widely accepted moral principles, while others may be considered immoral by certain groups.
• Legal positivism argues laws are defined by the sovereign's commands, independent of morality. Natural law asserts that unjust laws are not truly laws.
• Legal realism emphasizes the importance of law enforcement and how personal biases can influence its application.
• The U.S. legal system is complex, derived from multiple sources, including the Constitution, statutes, treaties, and common law. Common law involves the accumulation of past precedent.
• English common law provided a foundational model for the U.S. system.

Key Sources of Contemporary U.S. Law

• The Constitution is the supreme law of the land; any conflicting laws are void.
• Statutes are written laws passed by federal and state legislatures. These cover various topics and are more commonly produced than common-law decisions.
• Administrative law sets rules and regulations for administrative agencies.
• Case law/Common law includes previous courtroom decisions that bind future cases.

The U.S. Constitution

• Establishes the structure of the federal government.
• Guarantees liberties for citizens.
• Supreme law of the land; trumps all other conflicting laws.
• Separates powers among executive, legislative, and judicial branches.

Legislative Process

• A bill is proposed with a reason, such as a new law, popular outcry or a judicial ruling.
• Congress passes bills by majority vote in both houses and the bill is signed/vetoed by the president.
• Congress can override a presidential veto with a 2/3 vote.

Checks & Balances

• The system designed to prevent any one branch of government from becoming too powerful.

Common Law

• Made by judges through past court decisions.
• Prior rulings influence future rulings (stare decisis).
• Advantages include consistency and efficiency, but disadvantages include inflexibility and slow evolution.

Bystander Cases

• Common law established that bystanders have no duty to assist unless they directly caused the danger. Examples include Union Pacific Railway Co. v. Cappier, Osterlind v. Hill and Carey v. Davis.
• Tarasoff v. Regents of the University of California is a notable exception to this rule, with a special relationship established.
• In these cases, an individual may have a duty to act or assist under specific circumstances

Civil Law

• Concerns the rights and duties among individuals or parties.
• Focuses on money damages or injunctive relief (preventative measures) to resolve disputes.

Criminal Law

• Concerns crimes against society.
• Punishments include imprisonment, fines, or both.

Administrative Law

• Covers regulations created by governmental agencies.
• Often established due to legislative intent to ensure the public good.
• Can be more flexible and adaptable, but are less transparent than other areas of law.
• Administrative agencies and the president are subject to political control.
• Public and private individuals can seek review of administrative actions.

Court Systems and Litigation

• Court systems have trial courts (determining facts), intermediate appellate courts, and highest appellate courts.
• Judges establish precedents based on previous rulings to set precedents and ensure consistency.
• Structure reflects diverse court levels, including state and federal systems, and how various cases are managed.

Common Law Examples

• Wards Cove Packing Co. v. Atonio (1989): Law case that touched on how workplace regulations could or could not be applied equally to avoid discrimination.
• Griggs v. Duke Power Co. (1971): This case looked into whether employment testing methods for higher pay jobs were justifiable. The result was a Supreme Court decision that influenced legal precedent.
• U.S. V. Biswell (1972): This case involved a warrantless search, whether the search was justified under the Fourth Amendment, and which regulations were in place for the situation.
• FCC v. Fox Television Stations, Inc. (2012): Landmark case examining vagueness in legal regulations; and whether an agency can retroactively apply its rules.

Jurisdiction

• The authority of a court to hear a case.
• Includes subject matter jurisdiction (the type of case) and personal jurisdiction (the parties involved).

Federal Courts

• The U.S. Constitution establishes federal courts.
• Federal judges are nominated by the president and confirmed by the Senate.
• Federal courts hear cases involving the Constitution, federal statutes, or federal treaties.

Texas Courts

• Structure and functions of Texas courts, along with their jurisdiction.

Litigation Process

• Steps involved in moving through the court system: pleading (initial documents); discovery (gathering evidence) pretrial motion practice; trial; verdict; appeal, etc.

Pretrial Motions

• Actions to terminate or influence the case before trial (e.g., motions to dismiss, motion for summary judgment).

Discovery

• Methods to gather evidence in a legal case (e.g., depositions, interrogatories, requests for production). It seeks to reveal crucial/relevant information.

Trial

• The court process where evidence is presented and a jury (or judge) makes a decision.

Verdict

• The formal decision reached by a jury or judge.

Appeals

• The process of asking a higher court to review a decision made by a lower court.

Article I Courts

• Courts with limited jurisdiction created by Congress to fulfill specific purposes.

U.S. Supreme Court

• Highest court in the U.S.; generally has the final say in cases.
• Exercises discretionary review, deciding which cases to hear (writ of certiorari).