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Paralegal > Case Law > Flashcards

Case Law Flashcards

0
Q

How are Statutes also called?

A

Legislation

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1
Q

What is case law?

A

Law that comes from court desitions

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2
Q

How is written law also called?

A

Codes

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3
Q

What is an Statute?

A

Is written law.

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4
Q

Kinds of courts in old England

A

Law and equity

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5
Q

What areas of law are part of the common law?

A

Property, contracts, torts.

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6
Q

What are executive orders?

A

A law isued by the chief executive to direct the operation of governmental agencies.

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7
Q

Who can issue executive orders?

A

The Presiden for the US gov
The governor for state government
The mayor for local government

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8
Q

What is a treaty?

A

Is an international agreement between 2 or more countries or soverigns

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9
Q

Who makes a treaty?

A

The President with the consent of the Senate if the Senate does not aproves it it is called AN EXECUTIVE AGREEMENT

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10
Q

How is a Treaty also called?

A

Convention

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11
Q

What is an attorney general opinion?

A

A formal legal advice by the chief law officer of the government to another government official or agency.

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12
Q

Is an Attorney General Opinion considered a law?

A

No but, it is often relied as a source of law.

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13
Q

What is case law?

A

Law that comes from court desitions

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14
Q

How is case law also called?

A

Opinions

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15
Q

What is stare decisis?

A

To stand by the decision

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16
Q

Under what circumstance does federal law trump state law?

A

When they are in conflict

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17
Q

How are the ten amendments to the constitution called?

A

The Bill of Rights

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18
Q

Which amendment has the freedom of speach on it?

A

The first

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19
Q

Who is the only person or institution that can not prohibit the right of speach?

A

The government

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20
Q

What does the Establishment Clause do?

A

It prohibits the government establishing one religion of favoring over another

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21
Q

How is the surveillance movement called?

A

Prism

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22
Q

Who elects or appoints the justices of the Supreme Court?

A

The Suprime Court justices are appointed by the President

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23
Q

Who authorizes the Federal Courts?

A

Article II of the Constitution

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24
Q

What branch of the government are Federal Courts?

A

Third

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25
Q

What does Article III of the constitution say?

A

The judicial power of the USA is vested in the Federal court system
The highest court is the Supreme court
Congress might create other inferior courts
Supreme Court Justices are appointed for lifetime, unless removed from office
Their salary can not be decreased

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26
Q

Where is the Federal Court System created on?

A

The Constitution

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27
Q

What does Article II of the Constitution say?

A

That federal judges are appointed by the president

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28
Q

What is the main chech that the executive have on the Federal courts?

A

Is the power of appointment

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29
Q

What is the main Constitutional check that the federal courts have on the executive brank?

A

Through the process of impeachment

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30
Q

Who has to advice and consent the president appointments of the Judges in the federal courts?

A

The Senate

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31
Q

What does Article I of the Constitution provides?

A

The chief justice of the Supreme Court presides over the Senate when the president is impeached

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32
Q

What is the main check that the federal court has over the legislative branch?

A

The process of judicial review

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33
Q

Who can turn specific Supreme Court decisions?

A

The Congress

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34
Q

Who can rule if a Federal Law is constitutional?

A

The Supreme Court

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35
Q

What is the Federal Court structure?

A

The Supreme Court
The Courts of Appeal and
The District Courts

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36
Q

What type of cases does the Supreme Court hears?

A

Cases of appeal

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37
Q

Which one is the highest court?

A

The Suprime Court

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38
Q

How many judges are in the Supreme Court?

A

9

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39
Q

When does the Supreme Court hear cases?

A

When 4 of 9 justices agree on a writ

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40
Q

Where does the Supreme Court meet?

A

On Washington D.C.

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41
Q

What is the file name for the Supreme Court or federal courts to Appeals called?

A

Writ of certiorari

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42
Q

What does the process of certiorari mean?

A

That 4 of 9 judges have to agree on the writ

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43
Q

Another name for the Supreme Court is?

A

The highest court in the land

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44
Q

How many courts of appeal are there in the country?

A

12

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45
Q

Another name for courts of appeal is

A

Circuit courts

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46
Q

What is the lower level of the federal court structure?

A

The district courts

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47
Q

What type of jurisdiction do courts of appeal have?

A

Only appeal jurisdiction.

They don’t have general jurisdiction

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48
Q

How many District Courts exist?

A

94

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49
Q

What type of jurisdiction do District Courts have?

A

Original jurisdiction

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50
Q

What are District Courts?

A

Trial courts

51
Q

What is suplemental jurisdiction?

A

Are claims already before that court

52
Q

What cases do Federal Courts hear?

A
  1. Cases related to the Constitution or federal law
  2. Cases with diversity jurisdiction when the amount in controversy is 75000 or greater
  3. Cases already before that court
53
Q

What are federal distric courts for?

A

Are courts where civil or criminal cases start

54
Q

Which states have 4 federal district courts?

A

California
NY and
Texas

55
Q

How many states does each court of appeal or circuit court handle?

A

More than one state

56
Q

Are Courts of appeal jury or appellate courts?

A

They are courts of appeal, they don do jury trial

57
Q

What document is used to gain merit of appeal?

A

Briefs

58
Q

What is a brief?

A

Is the form necesary to file to gain merit for an appeal before the courts of appeal

59
Q

How many judges are present in a court of appeal?

A

3

60
Q

What is “banc panel”?

A

When all judges are asked to be present for a hearing

61
Q

What is jurisdiction?

A

Is the power of a court to hear certain case

62
Q

What is diversity jurisdiction?

A

When federal law authorizes federal courts to hear cases from parties with citizens from different states

63
Q

What does “federal question” jurisdiction mean?

A

That federal courts can hear cases related to the constitution or other federal law

64
Q

What does “trial court” means?

A

That judges from district courts are authorized to try cases.

65
Q

What is the role of a circuit court?

A

To handle cases where a party argues that a district court made an error in handling their case

66
Q

Who is the chief justice of the Supreme Court?

A

John G. Roberts

67
Q

How is a not granted writ called?

A

Denied certiorari

68
Q

How does a case gets to the Supreme Court?

A
  1. By original jurisdiction
  2. By writ of certiori
  3. Appeal of a state Supreme Court
69
Q

What are the word the Supreme Courts uses to start hearings?

A

Oyez, oyez, oyez

70
Q

What is the final decision of the Supreme Court called?

A

Opinion

71
Q

For how long can a lawyer talk about his case in the Supreme Court?

A

Half an hour

72
Q

What is an “opinion”.

A

Is the final decision of the Supreme Court

73
Q

when is a mayor opinion reached?

A

When 5 justices agree on the decision

74
Q

What is a concurring opinion?

A

Is the written opinion of the justices of majority

75
Q

What is dissenting opinion?

A

Is the written opinion of the justices not in the mayority

76
Q

What is “per curiam”?

A

Is the majority opinion delivered by the court, it is not a write opinion

77
Q

What document shows how the decision was reached?

A

The dissenting opinion

78
Q

Name other Federal Courts besides the Suprim Court and the Courts of Appeal

A

Article I courts, US Tax court
Bankruptcy courts
the US Court of Appeal for the Federal Circuit

79
Q

What is the United State Code?

A

Is the compilation of all existing federal law

80
Q

What is the code of federal regulation?

A

Is the compilation of all regulations issued by federal agencies

81
Q

What is the federal Suplement?

A

Is a compilation of the opinion of all judges serving in the federal district courts

82
Q

How are case laws also called?

A

Opinions

83
Q

How are legistations also called?

A

Statutes

84
Q

What is the diference between a statute and a code?

A

A statute is a law passed by a legislative body and

A code is the systematic collection or revision of law rules and regulations

85
Q

Is common law writen into statutes?

A

No

86
Q

What is another name for legislation?

A

Statute

87
Q

Kind of courts in old England

A

Courts in law and equity

88
Q

What is an equity court?

A

Are cases not covered by writen law

89
Q

What state did not adopted the common law of England?

A

Luisiana

They adopted French law

90
Q

Does common law have statutary basis?

A

No

91
Q

What areas of law are traditionally part of common law?

A

Property, contracts and torts

93
Q

What is the Constitution?

A

Is the fundamental law in which all future law are based

94
Q

Who creates the branches of government?

A

The Constitution

95
Q

What does the Constitution do?

A

Identifies rights and obligations of government and citizens

95
Q

What is the second amendment?

A

To bear arms

96
Q

How are the first ten amendments called?

A

The Bill of Rights

97
Q

What is the third amentment?

A

Quartering soldiers

98
Q

How many amendment are there in the Constitution?

A

27

99
Q

What does the fifth amendmant say?

A

Talks about self-incrimination

100
Q

What is an administrative regulation?

A

Is law designated to explain or carry out the statutes and executive orders that govern an administrative agency

101
Q

What is administrative ruling?

A

Is a resolution of dispute between a person or entity and an administrative agency

102
Q

The administratine rulings are analogous to what?

A

Case law

103
Q

What is a charter?

A

Is the fundamental law of a municipality

104
Q

What does a charter do?

A

It authorizes a municipality to perform designated government functions

105
Q

What does enactment mean?

A

To make it into law

106
Q

What is an ordinance?

A

Is the same as case law but at a city level

107
Q

What are Court Rules?

A

Procedural law that govern the mechanism of litigation before a particula court

108
Q

What are executive orders?

A

Laws issued by the chief executive to a statutory or executive authority to operate the government agencies

109
Q

What is standing?

A

Is the legal right of a person to bring a lawsui

110
Q

Who can bring a standing?

A

A person who has a case

111
Q

What are the elements of standing?

A

Injury-in-fact
Causation
Capable of relief

112
Q

What is injury-in-fact?

A

Means denial of service, access, benefit or civil right

113
Q

Can an injury-in-fact be hypothetical?

A

No, it has to be real

114
Q

In an injury-in-fact do you have to have a physical injury?

A

No

115
Q

What is a causation?

A

That the injury has to be traced to the defendants conduct

116
Q

What must be between a causal relationship?

A

What the defendant did or not do and the injury suffered

117
Q

What does capable of relief means?

A

That if the lawsuit is won, it will be able to redress the wrong committed by the defendant
The court can do something to correct the wrong doing

118
Q

Can the court order to pay money in a capable of relief case?

A

No

It asks the damage to be repaired

119
Q

What happens if there is no standing in a case?

A

There is no lawsuit and the case is dismissed

120
Q

What is a procedure for court?

A

To have standing

121
Q

What does ripeness mean?

A

That it is too early to decide a case

122
Q

What does mootness mean?

A

It is too late for a court to decide

123
Q

What does venus mean?

A

If it is the right court

124
Q

What does political question mean?

A

Is the subject matter appropiate for the court to decide

Paralegal (25 decks)

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