Chapter 4- The American Legal System

Question 1

Common Law

Answer 1

Judge Made Law or Case Law

Question 2

Ordinances

Answer 2

Law enacted by a local unit of government (town or city)

Question 3

Stare Decisis

Answer 3

Let the decision stand

Question 4

Case Briefs

Answer 4

Outline and Digest

Question 5

Parties

Answer 5

Trial Level: Identify the plaintiff and the defendant
Appeals Level: Identify the Appellant
(the party bringing the appeal )
Apelle ( the other party on Appeal)

Question 6

Facts

Answer 6

Summarize only those facts critical to the outcome of the case

Question 7

Procedure

Answer 7

How did the case reach the court?
Who won in the lower courts?

Question 8

Issue

Answer 8

Identify the central question on which the case turns

Question 9

Holding

Answer 9

How did the court resolve the issue?
Who won?

Question 10

Reasoning

Answer 10

Explain the logic that supported the court’s decision

Question 11

Substantive Laws

Answer 11

Create, define and regulate legal rights and obligations

Question 12

Procedural Laws

Answer 12

embraces the systems and methods available to enforce the rights and obligations specified in the substantive law

Question 13

Injection

Answer 13

Court order demanding a person to do or not do something

Question 14

Public Law

Answer 14

Relationship between the government and citizens. Constitutional, Criminal and Administrative Law

Question 15

Private Law

Answer 15

Legal relationships among persons
Contacts, agency and commercial paper

Question 16

Civil Law

Answer 16

Legal rights and duties among individuals

Question 17

Actus Reus

Answer 17

A wrongful act or omission

Question 18

Mens Rhea

Answer 18

Evil intent

Question 19

Information

Answer 19

A prosecutor formal accusation of a crime

Question 20

Indictment

Answer 20

A grand jury formal accusation of a crime

Question 21

Arraignment

Answer 21

Defendant is brought before a judge to be informed of the charges and file a plea

Question 22

Beyond a reasonable doubt

Answer 22

The level of proof required for a criminal case

Question 23

Double Jeopardy

Answer 23

Cant be prosecuted twice

Question 24

Writ of Certiorari

Answer 24

Commands lower courts too forward the trial records

Question 25

Jurisdiction

Answer 25

Court with the power to dispute. Geographical body where judicial body has a basis of operation

Question 26

Subject matter Jurisdiction

Answer 26

The authority of a court to judge a particular kind of dispute

Question 27

Federal Question J

Answer 27

Based on plaintiffs claim is based on Constitution

Question 28

In Personam J

Answer 28

The power of the court over a person

Question 29

Pleadings

Answer 29

Documents setting the initial case before court

Question 30

Complaint

Answer 30

The first pleading filed by the plaintiff in a civil lawsuit

Question 31

Default Judgement

Answer 31

Judgment in favor of the plaintiff because the defendant failed to respond to the plaintiffs complaint

Question 32

Voir Dire

Answer 32

Prospective jurors are questioned to determine their qualifications

Question 33

Peremptory Challenges

Answer 33

Authority to dismiss prospective members of the jury without offering justification

Question 34

Remand

Answer 34

To send back

Question 35

Mediation

Answer 35

Third-party attempts to assist disputing parties to reach an agreement

Question 36

Arbitration

Answer 36

Netural third party is given the power to determine a binding resolution to the dispute