Fechar
At Bar
binding
and nonbinding
stare
decisis
PLESSY V. FERGUSON
civil law system
administrative law
Agency regulations are challenged on 1 of 3 grounds.
Municipal law
Name five countries whose law influenced American law.
Which has more importance in our legal system, a state
constitution or municipal law?
What are the first ten amendments to the U.S. Constitution
called?
If the language of a statute is unclear, what do courts use to interpret the law?
Name three items found in a legislative history.
Name the doctrine that prevents states from passing laws that
conflict with federal statutes.
Court opinions are also referred to as _______.
Lawyers perform one of three basic tasks on behalf of clients:
casebook method
California, Vermont, Virginia, and Washington
barristers
Law firms
Working for Corporations
How many years of post-secondary school must lawyers
generally complete before sitting for the bar examination?
After graduating from law school, what must a lawyer do to be
able to practice law?
Most lawyers work in what kind of setting?
What’s the most common basis for lawyers to bill clients for legal
work?
What federal agency has the most attorneys and legal assistants
on staff?
Lawyers in the United States usually choose to focus their
practices on either _______ or _______.
Cite checking
Name six possible job functions of a legal assistant.
Name two characteristics of a good legal assistant.
attorney-client confidentiality
attorney-client privilege
work-product privilege doctrine
If an attorney does any of the following, even inadvertently, attorney client privilege is waived:
A client and her fiancé come to a lawyer’s office to discuss some
legal problems of the client’s new company. Is the conversation
covered under attorney-client confidentiality? Why or why not?
What are two prerequisites for a confidential attorney-client
communication?
What are two exceptions to attorney-client confidentiality?
What information about the cases on which you’re working can
you share with your spouse?
If, as a legal assistant, you write a memo about your interview of
a potential witness, what’s the name of the privilege that applies
to keeping that memo secret?
Name two types of documents that are covered by this privilege.
For attorney-client confidentiality to apply to statements made to
a legal assistant, the legal assistant must be _______.
adversary system
hierarchy
courts of original
jurisdiction
writ of certiorari
General jurisdiction
What document must a party file to ask the U.S. Supreme Court
to review its case?
What is the court of last resort called in most U.S. court systems?
What is original jurisdiction?
In New York State, what is the court of original jurisdiction called?
Who presides over agency courts?
Who decides the kinds of cases that agency courts can hear?
All but one U.S. Circuit Court has appellate jurisdiction over
_______.
Federal Jurisdiction
State Jurisdiction
Concurrent Jurisdiction
Removal
Judges
Pendent Jurisdiction
Case or Controversy
Mootness and Ripeness
Mootness and Ripeness cont....
Standing
Venue and Personal Jurisdiction
Some of the criteria courts
use to assess personal jurisdiction include whether the:
Name the highest court of appeals in the United States.
What kind of court has jurisdiction over divorces?
Name the two types of jurisdiction that allow federal courts to hear state law claims.
Do state courts have the power to review federal court decisions?
What are the two prerequisites to invoking diversity jurisdiction?
List three reasons that plaintiffs often try to sue in their own judicial districts.
If the parties to a lawsuit settle their case, the court no longer has
jurisdiction because the case is _______.
A special-interest group can’t file a lawsuit to prevent Congress
from passing a law because they lack _______.
The ability of state courts to hear federal law cases comes from
_______.
The correct judicial district in which to file a lawsuit is called
_______.
Legal reasoning
judicial opinion
The Caption
The Docket Number
The Judge
Procedural Posture
The Facts
The Issue Presented
The Holding
(conclusion of law)
The Finding
(conclusion of fact)
case-brief
Where in an opinion do you find the names of the parties?
Name three things the docket number of a case tells you.
How long does a defendant have to file a motion to dismiss?
What are three results that the overall holding in a case tells you?
Facts that help prove a specific legal point are _______ facts.
A finding relates to _______ ; a holding relates to _______.
Substantive and Procedural Due Process
Substantive due process guards against laws that are_______,
_______, or _______.
Which amendment to the Constitution applies the due process
guarantees to the states?
What are the three things procedural due process protects from
government deprivation without fair procedure?
Where are the basic liberties in our society found?
Name two basic liberties the Supreme Court has said exist, that
aren’t directly stated in the Constitution.
Conflicts of Law
Conflicts of Law cont....
Domesticate
(Enforcing Judgments in Different States)
Comity
(Enforcing Judgments from Foreign Countries)
What minimum constitutional standard must state court
judgments meet to be entitled to full faith and credit?
Which conflicts of law doctrine looks only at where events leading
to the lawsuit took place?
Conflicts of law arise whenever more than one ______’s
laws potentially apply.
_______ doesn’t exist if a treaty requires a court to enforce a
foreign country’s judgment.
3 legal doctrines that could prevent a plaintiff with a
winning case from getting a judgment in his or her favor:
statute of limitations
Res Judicata
Immunity
Statutes of limitations penalize __________ who “sleep on their
rights.”
The ____________ for murder is longer than for sex discrimination.
__________ prevents one party from relitigating the same
lawsuit against the same party more than once.
You (can, can't) __________ sue the government.
