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Criminal Law > Chap. 1 Intro to the Legal System > Flashcards

Chap. 1 Intro to the Legal System Flashcards

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1
Q

Is the United States divided up into two sovereign forms of government?

A

Yes. Federal government of the United States and the government of the many states.

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2
Q

What is federalism?

A

A system of political organization with several different levels of government (city, state, and national) coexisting in the same area with the lower levels having some independent powers.

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3
Q

What is the 10th Amendment?

A

“The powers not delegated to the United States by the Constitution, not prohibited to it by the States, are reserved to the States respectively or the people.”

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4
Q

What powers are delegated to the Federal gov?

A
  1. Coin money.
  2. Punish counterfeiters.
  3. Fix standards of weights and measures.
  4. Establish a post office and post roads.
  5. Promote the progress of science and the useful arts by providing artists and scientists exclusive rights to their discoveries and writings.
  6. Punish piracy.
  7. Declare war.
  8. Raise armies.
  9. Conduct diplomacy.
  10. Conduct foreign affairs.
  11. Regulate interstate commerce.
  12. Regulate foreign commerce.
  13. Make laws necessary and proper for carrying into execution other powers expressly granted in the Constitution.
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5
Q

What is the Supremacy Clause of Article VI?

A

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. (It declares federal law, if valid, to be a higher form of law than state law).

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6
Q

What is jurisdiction?

A

The geographical area within which a court (or a public official) has the right and power to operate. Or, the persons about whom and the the subject matters about which a court has the right and power to make decisions that are legally binding.

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7
Q

What is the highest form of the law in the land?

A

The United States Constitution.

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8
Q

What establishes the structure of our government?

A

The federal constitution.

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9
Q

What is the highest court in the US?

A

The Supreme Court of the US. However, once the Supreme Court decides that an issue is exclusively under the control of the state governments.

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10
Q

What is dual federalism?

A

An interpretation of the constitution where the states and the federal government are viewed as coequals.

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11
Q

What is hierarchical federalism?

A

An interpretation that positions the national government as the superior to the state governments.

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12
Q

90 percent of all crimes fall within which jurisdiction, the states or the federal government?

A

The states.

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13
Q

Is it a violation of double jeopardy for an individual to be tried and punished by both federal and state governments, even for the same act?

A

No.

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14
Q

What is a police power?

A

The government’s right and power to set up and enforce laws to provide for the safety, health, and general welfare of the people.

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15
Q

Does the constitution recognize the existence of local governments?

A

No. State constitutions and laws establish local forms of government, such as counties, cities, and districts. They are empowered by state law with limited authority to create criminal law.

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16
Q

Due to the division of power, does the federal government, state government, and local government have a separate set of criminal laws?

A

Yes.

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17
Q

What are the separation of powers?

A

Division of the federal (and state) government into legislative, judicial, and executive branches.

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18
Q

Who creates the laws of the United States?

A

United States Congress.

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19
Q

What are congressional laws known as?

A

Statutes.

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20
Q

How much of a majority does Congress need to override a President’s veto?

A

2/3 majority.

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21
Q

Must the Senate approve the treaties negotiated by the executive branch?

A

Yes.

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22
Q

Who has been designated to make the rules of the military?

A

Congress.

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23
Q

What is the power the judicial branch has to invalidate actions of the President or Congress that violate the Constitution?

A

Judicial Review.

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24
Q

How can Congress check the Judicial Branch?

A
  1. Statute.

2. Constitutional Amendment.

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25
Q

Which branch defines which acts are criminal, what process must be used to assure that a wrongdoer answers for an act, and what punishment should be imposed for the act?

A

The legislature.

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26
Q

How is law enforcement accomplished?

A

Through law enforcement agencies - the police or the alcohol, firearm agents and prosecutorial agencies.

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27
Q

Are agencies responsible for gathering evidence to prove that a criminal violation has occurred?

A

Yes.

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28
Q

When law enforcement has has completed its investigation, who do they turn the case over to?

A

The prosecutor.

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29
Q

Who does the prosecutor represent?

A

The people.

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30
Q

What does the prosecutor do?

A
  1. Files the formal criminal charge.
  2. Conducts a grand jury.
  3. Sees the prosecution through to fruition.
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31
Q

In the federal system, what is the prosecutor called?

A

A United States attorney.

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32
Q

In the states and localities, what are prosecutors known as?

A

District Attorneys, county attorneys, state attorneys, city attorneys, and just prosecutors.

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33
Q

When do the courts get involved?

A

After the executive branch has arrested or accused an individual of a crime as well as at certain points during criminal investigations.

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34
Q

How many types of courts do all of the federal and state courts have ?

A
  1. Trial and Appellate.
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35
Q

What is a trial court?

A

A court that hears and determines a case initially, as opposed to an appellate court; a court of general jurisdiction.

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36
Q

What happens in a court?

A
  1. Witnesses are heard.
  2. Evidence is presented.
  3. Verdicts and sentences are announced.
37
Q

In the Federal System, what are trial courts known as?

A

United States District Courts.

38
Q

How many judicial districts is the US divided up into?

A

94.

39
Q

What are some of the various names of state trial courts?

A
  1. district court.
  2. superior court.
  3. county court.
  4. circuit court.
40
Q

What is an Appellate court?

A

A higher court that can hear appeals from a lower court. They review the decisions and actions of trial courts for error.

41
Q

Do appellate courts conduct trials?

A

No. They:

  1. Review briefs submitted by the parties.
  2. Examine the record from the trial court for mistakes (known as trial court errors).
  3. Witness are not heard.
  4. Evidence is not submitted.
42
Q

What is a brief?

A

A written document filed with a court through which a party presents a legal claim, legal theory, supporting authorities, and requests some form of relief.

43
Q

What does it mean that the case is reversed?

A

It is to determine that the court below has rendered a wrong decision and to change that decision.

44
Q

What does it mean when an appellate court affirms a lower court?

A

It is approving the decision made and leaving it unchanged.

45
Q

What does it mean when the appellate court remands the case to the lower court?

A

It is an order that the case be returned to the lower court and that some action be taken by the judge when the case is returned.

46
Q

In the federal and state system, how many appellate court tier systems are there?

A
  1. An intermediate and the highest level.
47
Q

What are the intermediate-level courts in the federal system called?

A

United States Courts of Appeal.

48
Q

How many judicial circuits are there in the US?

A
  1. Each one has 1 court of appeal in each circuit.
49
Q

How many court of appeals are there in total?

A

13.

50
Q

What is a record on appeal?

A

A formal, written account of a case, containing the complete formal history of all actions taken, papers filed, ruling made, opinions written, etc.

51
Q

Are appeals of federal issues from state supreme courts taken to the US Supreme Court?

A

Yes.

52
Q

Is the Supreme Court required to hear all appeals?

A

No.

53
Q

What cases appealed were denied SC review?

A

97%.

54
Q

In most instances, is the first appeal a right?

A

Yes.

55
Q

Are second appeals generally appeals of right?

A

No.

56
Q

What is certiorari?

A

An order from an appellate court to the lower court requiring the record to be sent to the higher court for review. When ‘cert.’ is granted, the appellate court will hear the appeal; and when cert is denied, it will not. It is literally a writ from the higher court asking the lower court for the record of the case.

57
Q

What is an inferior court?

A

A court below the trial court whose appeals go to the trial court. Municipal courts, police courts, and justices of the peace are examples of inferior courts.

58
Q

Why are inferior court cases appealed in a trial court tried de novo?

A

The inferior courts are not courts of record, except federal inferior courts.

59
Q

What is a court of general jurisdiction?

A

Another term for trial court; that is, a court having jurisdiction to try all classes of civil and criminal cases except those that can be heard only by a court of limited jurisdiction.

60
Q

What is a court of limited jurisdiction?

A

A court whose jurisdiction is limited to civil cases of a certain type, or that involve a limited amount of money, or whose jurisdiction in criminal cases is confined to petty offenses and preliminary hearings.

61
Q

Do all courts have a duty to apply federal constitutional law? Why is this important?

A

Yes. It allows defendants to assert their united States constitutional claims and defenses in state court, where most criminal cases are heard. Of course, defendants may assert applicable state laws as well.

62
Q

Define interpret.

A

Studying a document and surrounding circumstances to decide the document’s meaning.

63
Q

Are the nation’s courts the final word in declaring the meaning of written law?

A

Yes.

64
Q

Is it the duty of the courts to remain neutral and apply the laws fairly and impartially?

A

Yes.

65
Q

Does the constitution prohibit Congress from educing the pay of federal judges after they are appointed?

A

Yes.

66
Q

Are federal judges appointed for life?

A

Yes.

67
Q

What does the landmark case Marbury v. Madison (1803) decide?

A

Although the Constitution does not contain explicit language providing for the power of judicial review, Article III of the Constitution implicitly endows the judiciary with the authority.

68
Q

T/F, any state or federal law that violates the United States Constitution may be struck down either federal or state courts?

A

Yes.

69
Q

What is a contract?

A

An agreement that affects or creates legal relationships between two or more persons. To be a contract an agreement must involve at least one promise, consideration, persons legally capable of making binding agreements, and a reasonable certainty about the meaning of terms.

70
Q

What are damages?

A

Money that a court orders paid to a person who has suffered damage (a loss of harm) by the person who caused the injury (the violation of the person’s rights).

71
Q

What is a tort?

A

A civil ( as opposed to criminal) wrong, other than a breach of contract.

72
Q

What is a tortfeasor?

A

A tort has been committed. The partier is nown as a tortfeasor, which is the term used to describe one who commits a tort.

73
Q

What is a negligent tort?

A

When a person fails to act reasonably and unintentionally and injures another.

74
Q

What is an intentional tort?

A

When a person injures another intentionally. Many intentional torts are also crimes.

75
Q

What is a strict liability court?

A

Liability exits even though the tortfeasor acted with extreme caution and did not intend to cause harm.

76
Q

What are compensatory damages?

A

Damages awarded in a lawsuit to compensate a party for actual loss.

77
Q

Define Punitive Damages.

A

Damages that are awarded over and above compensatory damages or actual damages because of the wanton, reckless, or malicious nature of the wrong done by the plaintiff.

78
Q

In civil law, who is the plaintiff?

A

The person who was injured and brings suit.

79
Q

In criminal law, who is the party who always files charges?

A

The government.

80
Q

You cannot press charges, you can only file a complaint. T/F.

A

T.

81
Q

What is culpability?

A

Blameable; at fault. In criminal law, there must be a higher level of culpability than civil law.

82
Q

What is freedom?

A

The ability to act without government interference.

83
Q

What are civil liberties?

A

Political liberties guaranteed by the Constitution and, in particular, by the Bill of Rights (First 10 amendments), especially the First Amendment.

84
Q

What is specific deterrence and general deterrence?

A

Specific seeks to deter individuals already convicted of crimes from committing crimes in the future.

General deterrence attempts to deter all members of society from engaging in criminal activity.

85
Q

What is incapacitation?

A

It is the third purpose of criminal law. Prevents criminals by restraining them.

86
Q

What is rehabilitation?

A

Through training, therapy, vocational things, the criminal’s behavior will be altered.

87
Q

What is retribution?

A

Societal vengeance.

88
Q

What are the 4 reasons of criminal law?

A
  1. Deterrence.
  2. Incapacitation.
  3. Rehabilitation.
  4. Retribution.

Criminal Law (10 decks)

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