Chapter 1 - Introduction to Law Flashcards

1
Q

Define Federalism

A

A double-layered system of government, with the national and state governments each exercising important but limited powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define Legislative Power

A

The ability to create new laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define Executive Power

A

The authority to enforce laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define Judicial Power

A

The power to interpret laws and determine their validity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define Bill

A

An idea for a new law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define Statute

A

A law that passed by Congress or state legislature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define Veto

A

Constitutional right of the president to reject a decision or proposal made by congress. Overturned by a 2/3 majority by the House and the Senate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define Stare Decisis

A

The principal that precedent is binding on later cases.

It means “Let the decision stand”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Define Precedent

A

An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Where is precedent binding?

A

Only in lower courts.Supreme Court has no obligation to follow precedent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define Injunction

A

Court order to stop doing something

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Define Criminal Law

A

Concerns behavior so threatening that society outlaws it altogether

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define Civil Law

A

Regulated the rights and duties between parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define Regulation

A

Laws created by Administrative agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How are basic criminal law prosecutions handled?

A

The government prosecutes the wrongdoer, regardless of what the injured party wants. A district attorney brings the case to court. The injured party is not in charge of the case, but may appear as a witness. The government will seek to punish the defendant with a prison sentence, fine, or both. The money won goes the the state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Define Plaintiff

A

The person who is suing

17
Q

Define Defendant

A

The person being sued

18
Q

Define Holding

A

A court’s decision

19
Q

Define Reverse

A

To declare the lower court’s ruling wrong and void.

20
Q

Define Remand

A

To send a case back down to a lower court.

21
Q

Define Affirm

A

To uphold a lower court’s ruling

22
Q

What are the five primary source of contemporary law?

A
  • United States Constitution
  • States
  • Common Law
  • Court Orders
  • Administrative Law
23
Q

What is Common Law?

A

Judge Made Law, that is the body of cases decided by judges, as they follow earlier cases

24
Q

What are Court Orders?

A

When a judge places binding obligations on specific people and companies

25
Q

What is Administrative Law?

A

The rules and decisions made by federal and state administrative agencies.

26
Q

What are the two sources of constitutional law?

A

The constitution and the state constitutions

27
Q

How can you identify something as Legislative/Statutory Law? Where can they come from?

A

It mentions acts, ordinances, bills, or resolutions. Can be on the federal, state, county, and city level

28
Q

What are other names for Common Law? 4

A

Case Law
Judge Made Law
Precedence
Old English Law

29
Q

What is the standard of evidence for criminal trials? civil trials?

A

Criminal - Beyond a reasonable doubt - 99% sure

Civil - Preponderance of the evidence - 51% sure

30
Q

Define Legal Positivism

A

The legal philosophy holding that law is what the sovereign says it is, regardless of its moral content

31
Q

Define Legal Realism

A

The legal philosophy holding that what really influences the law is who makes and enforces it, not what is put into writing.

32
Q

Define Natural Law

A

The theory that an unjust law is no law at all, and that a rule is legitimate only if based on an immutable morality.

33
Q

Define Amendment

A

Any addition to a legal document. The constitutional amendments, the first ten of which are known collectively as the Bill of Rights, secure numerous liberties and protections directly for the people.

34
Q

Who are the Founding Fathers?

A

Or Framers - The authors of the US Constitution, who participated in the Constitutional Convention in Philly in 1787.

35
Q

Define Jurisprudence

A

The study of the purposes and philosophies of the law, as opposed to particular provisions of the law.

36
Q

Define Law Case

A

The decision a court has made in a civil lawsuit or criminal prosecution.

37
Q

Define Procedural Law

A

The rules establishing how the legal system itself is to operate in a particular kind of case.

38
Q

Define Substantive Law

A

Rules that establish the rights of the parties. For example, the prohibition against slander is substantive law, as opposed to procedural law.

39
Q

Define U.S Constitution

A

The supreme law of the US