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PARA 279 Paralegal Capstone > Chapter 6: American Legal System > Flashcards

Chapter 6: American Legal System Flashcards

1
Q

king’s court of common pleas

A

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

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2
Q

Court of Chancery

A

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

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3
Q

Articles of Confederation

A

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

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4
Q

substantive law

A

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

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5
Q

procedural law aka adjective law

A

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

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6
Q

public law

A

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

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7
Q

private law

A

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

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8
Q

treason

A

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

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9
Q

felony

A

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

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10
Q

misdemeanor

A

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

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11
Q

tort

A

wrongful act (other than contract breach or crime)

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12
Q

preponderance of the evidence

A

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

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13
Q

beyond a reasonable doubt

A

standar of proof in criminal cases (near certainty)

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14
Q

contract

A

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

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15
Q

remedy at law

A

seeks damages (money)

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16
Q

remedy in equity

A

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

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17
Q

constitution

A

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

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18
Q

statute

A

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

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19
Q

enabling act

A

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

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20
Q

quasi-legislative

A

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

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21
Q

quasi-judicial

A

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

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22
Q

Erie doctrine

A

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

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23
Q

stare decisis

A

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

24
Q

precedent

A

holding of a past case found through process of stare decisis

25
Q

Supremacy Clause

A

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

26
Q

federalism

A

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

27
Q

preemption

A

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

28
Q

police power

A

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

29
Q

writ of habeus corpus

A

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

30
Q

bill of attainder

A

law directed against a specific person or group

31
Q

ex post facto law

A

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

32
Q

judicial review

A

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

33
Q

due process

A

fundamental fairness

34
Q

equal protection

A

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

35
Q

jurisdiction

A

power or authority of a court to hear a specific case

36
Q

subject matter jurisdiction

A

court authorized to hear that type of case

37
Q

personal jurisdiction

A

court’s power over the parties, particularly defendants

38
Q

in rem jurisdiction

A

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

39
Q

quasi in rem jurisdiction

A

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

40
Q

primary law

A

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

41
Q

mandatory law

A

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

42
Q

secondary law

A

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

43
Q

persuasive law

A

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

44
Q

case of first impression

A

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

45
Q

full faith and credit

A

states must honor other states final judgments

46
Q

comity

A

as a courtesy US courts will usually honor foreign judgments

47
Q

advisory opinions

A

opinion given on the basis of hypothetical facts

48
Q

collusive suit

A

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

49
Q

standing

A

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

50
Q

ripe for decision

A

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

51
Q

moot

A

issue is moot if it becomes irrelevant

52
Q

tolled

A

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

53
Q

sovereign immunity

A

insulates a gov’t from tort liability on premise that the “king can do no wrong”

54
Q

charitable immunity

A

nonprofit prgs are sometimes free from tort actions

55
Q

parental immunity

A

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

56
Q

bifurcated trial

A

trying a case in two trials at two different times

PARA 279 Paralegal Capstone (1 decks)

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