State Jurisdiction - ️️-Anything not covered under federal law or diversity
-E.g. contracts, torts, real property(real estate and moveable property)
Federal Jurisdiction - ️️-Diversity: The Federal district courts have all original
jurisdiction of all civil actions where the matter in co...
BUL 3310 FSU Exam 1
State Jurisdiction - ✔️✔️-Anything not covered under federal law or diversity
-E.g. contracts, torts, real property(real estate and moveable property)
Federal Jurisdiction - ✔️✔️-Diversity: The Federal district courts have all original
jurisdiction of all civil actions where the matter in controversy exceeds the sum or value
of $75,000, exclusive of interest and costs
-Over Federal Issues
Public Law - ✔️✔️Constitutional
Administrative
Criminal
Private Law - ✔️✔️-Between individuals as private citizens
Contracts
Torts
Property
Sources of Law - ✔️✔️-Federal & State Constitutions
-Federal & State Legislatures (House of Congress)
-Executives (President, Governor)
-Average Citizens, Society(norms, ethics)
Common Law Stare Decisis (Precedent) - ✔️✔️-Supreme Court(Laws are Made;
binding precedent)
-Appeals Court(Laws are double checked; Corrections)
-Trial Court(Laws are applied)
Cases To Read - ✔️✔️-Kelo vs. City of New London
-The Case of The Speluncean Explorers
-Tedrick Case
-Jeff Roach v Howard Stern
Crimes - ✔️✔️Wrongful actions against society.
Civil Actions (Torts) - ✔️✔️-Involve private parties
-Private party initiates the action
-Primary objective is to make the injured party "whole" through damages. (i.e. money)
Briefing the Case - ✔️✔️-Facts
, -Issue
-Rule(legal authority; binding precedent)
-Application(facts applied to the rule)
-Conclusion
Legal Realism - ✔️✔️-Looks at common sense and experience
-Acknowledging the fact that are human and law is necessarily a human exercise
-It seeks out empirical data( what people ordinarily do and want)
Influences of the Law - ✔️✔️-Politics
-Morality
-Public Opinion
-Legitimacy
-Precedent
-Common Sense/Experience
-Economics
-Inherent(Permanent) Biases
Procedural Law - ✔️✔️The rules that prescribe the steps for having rights judicially
enforced
Judge - ✔️✔️Rules on matters of the law
-What are the legal elements of the offense
-What is the standard of proof
-The admissibility of evidence
Jury - ✔️✔️The finder of fact
Attorney's Role - ✔️✔️-Officer of the Court
-Client Advocate
Client's Role - ✔️✔️-The party asserting a case requires standing
Substantive Law - ✔️✔️Part of the law that creates and defines the rights, duties, and
powers of individuals.
-The right to sue for breach of contract
-The power to amend the articles of incorporation
-The duty of care owed to a person on business property
Jurisdiction - ✔️✔️The authority to adjudicate (apply law to facts)
-Can be based on: Geography, Statute(written law), Contracts, Type of legal question
Due Process - ✔️✔️-Protected by the 5th amendment
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