Chapter 2 - How the Law Works Flashcards

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1
Q

crime punishable by serving no more than year in prison or jail

A

misdemeanor

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2
Q

crime punishable by serving more than one year in prison

A

felony

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3
Q

law covering the rights and remedies of individuals or entities

A

civil law

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4
Q

What are the six steps of a lawsuit?

A
  1. Harm or injury occurs
  2. Harm or injury discovered
  3. Filing a lawsuit
  4. Notifying the parties
  5. Pretrial conference
  6. Trial
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5
Q

plaintiff

A

the person or entity that files a lawsuit against another person or entity

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6
Q

defendant

A

the person or entity that is being sued in a lawsuit

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7
Q

jurisdiction

A

the authority to preside over a legal matter

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8
Q

Michigan _____ can only hear civil cases with claims over $25,000 or criminal cases that are felonies.

A

Circuit Courts

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9
Q

What are the categories of damages?

A
  1. compensatory
  2. consequential
  3. punitive
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10
Q

What are the types of damages?

A
  1. physical
  2. mental/emotional
  3. financial
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11
Q

to lessen; make less severe

A

mitigate

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12
Q

_____ mail is more secure than _____ mail.

A

Registered; certified

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13
Q

_____ mail is machine scanned.

A

Certified

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14
Q

_____ mail has a chain of signatures.

A

Registered

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15
Q

a court order that a person bring requested documents to court

A

supoena ducus tecum

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16
Q

formal, written questions submitted to opposing parties of a lawsuit

A

interrogatories

17
Q

a criminal offense for knowingly making false statements under oath

A

perjury

18
Q

Under court rules, any interrogatory question left unanswered is automatically answered in the _____.

A

affirmitive

19
Q

Only plaintiffs and defendants receive _____ and must provide answers under penalty of perjury.

A

interrogatories

20
Q

recorded testimony taken under oath, prior to a trial

A

deposition

21
Q

standards of proof

A
  1. balance of probabilities
  2. clear and convincing evidence
  3. beyond a reasonable doubt
22
Q

Which standard of proof is used in civil trials?

A

balance of probabilities

23
Q

_____ is the civil equivalent of murder.

A

Wrongful death

24
Q

What are the verdicts in a civil case?

A

find for the plaintiff or for the defendant

25
Q

a process of using a neutral third party to make a final decision about a dispute

A

arbitration

26
Q

In _____, decisions cannot be appealed.

A

binding arbitration

27
Q

a process of using a neutral third party to help the parties work together to resolve a dispute

A

mediation