GVPT 331 EXAM 1 Latest Update Graded A

GVPT 331 EXAM 1 Latest Update Graded A Natural Law that law which reflects, or is based on, the built-in sense of right and wrong that exists within every person at birth - loses its power where there is no consensus about what is morally right/wrong in a society Utilitarian Law law that focuses on the social usefulness of legislation rather than on metaphysical notions of goodness and justice Analytical Positivism a theory that asserts that law is a self-sufficient system of legal rules that the sovereign issued in teh form of commands to the governed Federal Courts 1 ) Supreme Court 2 ) Courts of Appeal 3 ) District Courts State Courts 1 ) State Supreme Courts 2 ) Intermediate Appellate Courts (only in some states) 3 ) Trial Court 4 ) Specialty Courts (domestic relations, criminal, small claims, municipal, etc.) Facts v. Law - Juries determine facts (trial court) - Judges decide questions of the law - Appellate courts decide whether a previous interpretation of the law was correct Interlocutory Appeal an appeal filed prior to adjudication - a motion that is filed before a trial begins Jurisdiction the power or authority of a court to determine the merits of a dispute and to grand relief Types of Jurisdiction 1 ) Subject-Matter 2 ) In personam (personal) 3 ) In rem (property) Subject-Matter Jurisdiction this form of jurisdiction exists in specialized trial courts - you have to make sure you are going to the correct court In Personam Jurisdiction required to impose binding liability on a person - created to prevent courts from deciding the merits of a case unless they have jurisdiction over the particular parties to the suit Ways of Determining Personal Jurisdiction 1 ) Showing the party had been served within the boundaries of the state where the lawsuit was filed 2 ) Consenting to personal jurisdiction 3 ) "Sufficient minimum contact" rule Long-Arm Statutes permits the exercise of personal jurisdiction over non-resident defendants who have had sufficient minimum contacts with the forum state - when you have this you can make a person come to court and defend themselves What brings an issue to federal court? 1 ) Federal Question