Law

Question 1:

The terms “precedent” and “stare decisis” are used to describe how a judge’s interpretation of a law can become law itself. Do your own independent research into what “precedent” and “stare decisis” means and using your own words, you define those terms.

Question 2:

“Statutory” law comes from federal and state legislative bodies. Those men and women we elect to represent us make law concerning a variety of things, like family law, contract law, employment law, traffic law, etc. Do your own independent research into how the legislative process works. For example, years ago Nevada did not have a seatbelt law. A member of the Nevada Legislature had an “idea” that a seatbelt law would help save lives. That “idea” eventually became a “law.” What process occurred?

Question 3:

“Common” law can come from judges interpreting other sources of law. Technically, not all judges make common law. There are generally two kinds of judges: 1) single trial judges overseeing trial courtrooms, and, 2) groups of appellate judges overseeing appellate courtrooms. Common law comes primarily from “appellate” judges. Do your own independent research into how federal and state courts systems are typically set up. Then, describe in your own words what an “appellate” court is, how many judges typically sit on an appellate court, what an appellate court’s primary responsibility is, and why it is so important that we have appellate courts in our legal system.

Question 4:

In every trial there is evidence. Some evidence helps the court (either judge or jury) decide who should win. Other evidence doesn’t do much to influence the decision maker because the evidence isn’t considered very important. The very best evidence is known as “persuasive evidence.” First, do your own independent research and identify the various types of evidence used in trials. Research what “persuasive evidence” is. Then, do some research and find a legal case decision where an applicant alleged that an employer denied him/her a job/promotion because of his/her religious beliefs. What was the most persuasive evidence presented by each side? How and why did the court rule the way it did?

Question 5:

In every civil case the parties have an obligation to present evidence in an attempt to persuade the judge or jury to decide the case in their favor. Each side’s evidence will be “weighed” against the other side’s evidence. Imagine a scale with evidence on each side. One side of the scale will be “weighed” down with a greater amount of evidence…meaning the judge or jury likes that side’s evidence more than the other side’s. In law, the winner of a civil lawsuit has the “preponderance of the evidence”…which is also known as the “burden of proof” in a civil case (the burden of proof in a criminal case is: beyond a reasonable doubt…which isn’t relevant to Employment Law). Do your own independent research and further identify what “preponderance of the evidence” and “burden of proof” mean. Research and discuss a case where the judge explained why a plaintiff met or didn’t meet his/her burden of proof. What did the judge say?

Question 6:

In every civil dispute there is a period of time known as “discovery” that occurs before the trial. It is the usually the longest period of time in every civil dispute. Do your own independent research and: 

1) define what “discovery” is, 

2) describe the many possible things that can occur during “discovery”, and 

3) identify some important rules that exist during “discovery.”