Chapter 6: American Legal System

Question 1

king’s court of common pleas

Answer 1

in the 1600s, this was the law court authorized to resolve disputes among English commoners; aka the law court; decide cases on technical rules

Question 2

Court of Chancery

Answer 2

English court created to decide cases on principles of fairness; it grew into American equity courts; decide cases on principles of fairness

Question 3

Articles of Confederation

Answer 3

from the end of the revolutionary war until the constitutional convention in 1787, the American govt operated under these articles

Question 4

substantive law

Answer 4

legal rule that creates or defines rights and duties; can be public or private, criminal or civil

Question 5

procedural law aka adjective law

Answer 5

complements substantive law by providing the mechanisms to enforce substantive rights and duties; i.e. method for initiating action

Question 6

public law

Answer 6

rules involving the relationship of government to society as a whole; ex. constitutional law, admin law, criminal law

Question 7

private law

Answer 7

rules governing relationships of private individuals to one another; ex. tort law, contract law, most property law

Question 8

treason

Answer 8

attempt to overthrow gov’t or give aid and comfort to her enemies as defined by Article III, section 3

Question 9

felony

Answer 9

a crime for which, if convicted, the maximum possible punishment is either death or imprisonment for one year or more based upon sentences that may be imposed

Question 10

misdemeanor

Answer 10

crime for which max possible punishment is either a fine or imprisonment for less than one year

Question 11

tort

Answer 11

wrongful act (other than contract breach or crime)

Question 12

preponderance of the evidence

Answer 12

burden of proof for civil cases (more likely than not that X happened)

Question 13

beyond a reasonable doubt

Answer 13

standar of proof in criminal cases (near certainty)

Question 14

contract

Answer 14

enforceable agreement between two or more parties (comprises of offer, acceptance and consideration that are not subject to any defenses)

Question 15

remedy at law

Answer 15

seeks damages (money)

Question 16

remedy in equity

Answer 16

requests some specific act, injunction, recission, reformation or specific performance

Question 17

constitution

Answer 17

written doc provides fundamental source of law within a particular geographic region, establishes basic principles and structure under which govt must operate

Question 18

statute

Answer 18

written law enacted by Congress or state legislature, must comply with federal and US constitutions

Question 19

enabling act

Answer 19

authorized federal admin agency to exist and lists the specific areas it may administer

Question 20

quasi-legislative

Answer 20

rulemaking power, subject to some limitations, exercised by a legislature to delegate a special form of legislative authority to an agency, which permits the agency to make rules and regulations to clarify or explain statutes within its authorized area of expertise

Question 21

quasi-judicial

Answer 21

function allowing an admin law judge or hearing officer (not required to be lawyer by many admin agencies) to preside over hearings that are similar to trials

Question 22

Erie doctrine

Answer 22

The Supreme Court in Erie v. Lackawanna Railway, held there is no common law in federal law

Question 23

stare decisis

Answer 23

process used by state court judges to analyze past cases to determine if any exist with similar facts and legal issues as the present case

Question 24

precedent

Answer 24

holding of a past case found through process of stare decisis

Question 25

Supremacy Clause

Answer 25

Article VI of the federal Constitution restricts state power by making state law subordinate to permissible federal law

Question 26

federalism

Answer 26

when a state law directly conflicts with a federal law on the same subject, federal law controls

Question 27

preemption

Answer 27

a doctrine of law setting forth that federal law supercedes state law when a federal law conflicts with state law

Question 28

police power

Answer 28

state's power to regulate in any area affecting the general health, safety and general welfare of its citizens

Question 29

writ of habeus corpus

Answer 29

an order to deliver the body of one wrongfully held in custody by authorities

Question 30

bill of attainder

Answer 30

law directed against a specific person or group

Question 31

ex post facto law

Answer 31

law that defines conduct as a crime after the act had been committed

Question 32

judicial review

Answer 32

a doctrine that establishes the US Supreme Court as the court of final review when the Court could have exercised original, concurrent jurisdiction

Question 33

due process

Answer 33

fundamental fairness

Question 34

equal protection

Answer 34

provision that prohibits enforcing any laws that diminish the privileges and immunities of any citizen of the US

Question 35

jurisdiction

Answer 35

power or authority of a court to hear a specific case

Question 36

subject matter jurisdiction

Answer 36

court authorized to hear that type of case

Question 37

personal jurisdiction

Answer 37

court's power over the parties, particularly defendants

Question 38

in rem jurisdiction

Answer 38

court has jurisdiction because subject matter of suit relates to property located within courts geographic boundaries

Question 39

quasi in rem jurisdiction

Answer 39

subject matter of suit does not relate to property in court's jurisdiction, but defendant has other property in the cout's jurisdiction that may be used to satisfy the judgment

Question 40

primary law

Answer 40

aka mandatory law, carries the greatest weight in decision-making process

Question 41

mandatory law

Answer 41

to the extent that it relates to the facts and issues of the pending case, it must be followed in the pending case

Question 42

secondary law

Answer 42

law that a court may (but is not required to) consider in reaching a decision

Question 43

persuasive law

Answer 43

aka secondary, may assist in reach decision, but not required

Question 44

case of first impression

Answer 44

a case for which there are no applicable statutes and no precedents of case law of the jurisdiction

Question 45

full faith and credit

Answer 45

states must honor other states final judgments

Question 46

comity

Answer 46

as a courtesy US courts will usually honor foreign judgments

Question 47

advisory opinions

Answer 47

opinion given on the basis of hypothetical facts

Question 48

collusive suit

Answer 48

suit based on friendly agreement to litigate an issue, to see how it comes out

Question 49

standing

Answer 49

a party's rights must be personally and immediately affected by the issues in the suit

Question 50

ripe for decision

Answer 50

must be actual full-blown dispute, cannot be based upon something that might happen in the future

Question 51

moot

Answer 51

issue is moot if it becomes irrelevant

Question 52

tolled

Answer 52

Statute of limitations put on hold by infancy, insanity, imprisonment, court order, fraudulent concealment, or by agreement

Question 53

sovereign immunity

Answer 53

insulates a gov't from tort liability on premise that the "king can do no wrong"

Question 54

charitable immunity

Answer 54

nonprofit prgs are sometimes free from tort actions

Question 55

parental immunity

Answer 55

limited freedom from suit by unemancipated children in the area of child rearing and discipline, unless parent is abusive

Question 56

bifurcated trial

Answer 56

trying a case in two trials at two different times