Chapter One Flashcards
Quiz 1
What are the two types of cases?
Criminal (jail)
Civil ($)
Criminal cases details
arrested for offending state/federal govt
prosecutor - state of _______, US
defendant - arrested
jury - decides case
verdict
- guilty/not guilty
Civil cases details
suing for money, performance which might be to complete a contract
plaintiff/defendant
liable
judgement/award
jury or bench trial
Major differences in civil law and criminal law
Civil (tort):
standard of proof - preponderance of the evidence (plaintiff must show that it is more likely than not that their claims are true) - 50% chance of happening
judgement - money
attorney - must hire an attorney
criminal:
standard of proof - beyond a reasonable doubt (that the defendant is guilty)
verdict - guilty or not
attorney - appointed if cannot afford
The two types of juries
Petit:
jury you all know who makes decisions in civil/criminal cases
will decide if defendant is liable/guilty
Grand:
selection of jurors who will decide whether or not to indict (charge) a suspect
no judge, defendant, defendant attorney, only the prosecutor has an attorney,12/16 must concur to get an indictment (fed)
must be excused to be a “no show” because judge may issue a bench warrant for your arrest or an order to show cause
Deciding if someone gets arrested in secret - prosecutor presenting evidence to jury
What are the two ways a person can be charged with a crime?
Arrested by the police
indictment
indictment
formal charge of crime after grand jury investigation
what is a grand jury’s decision
either a “true bill” or “no true bill”
true bill - defendant charged with the crime
what must a petit jury do in criminal cases
the petit jury must be unanimous in their decision to convict or acquit (free not guilty)
what are the two types of trials
bench trial
jury trial
bench trial
judge makes the decision (divorces)
sometimes a defendant will waive their right to a jury trial
jury trial
individuals have a 7th amendment right to a jury trial
burden of proof
- amount of evidence needed to go to court/make a legal case
civil case: preponderance of the evidence (more likely than not that the defendant is liable –> must reflect more than 50% that defendant is at fault) –> “jury must decide if the preponderance of the evidence shows that Joe was at fault”
criminal cases: beyond a reasonable doubt
(scale ranging from guilty beyond a reasonable doubt – perhaps - believed not guilty)
What is the basic court level system (for fed/state)
trial courts
all trials are conducted here - witnesses, evidence, opening statements, jury/bench trial
appellate courts
reviewing court only, attorney argue the trial court did something wrong
supreme court
final reviewing court, attorney argues trial/appeals court did something wrong
What kind of court system is the US
dual court system because state and federal matters are handled separately
STATE court system examples
state trial courts; example Rutherford County Chancery/Circuit Court
state appellate courts: TN Court of Appeals
state supreme courts: TN SC
FEDERAL court system and examples
US District Courts of KY
US Court of Appeals; example: United States 6th circuit
US Supreme Court
Congress (Senate + HOR) passes what kind of laws
federal laws
also have US Senate –> 2 senators
Marsha B
Bill Hagerty
US HOR –> TN has 9 reps
Who passes state laws in TN
number of TN HOR
Number of TN Senate
Tennessee General Assembly
also have TN HOR - 99 reps (2yr terms)
TN Senate - 33 senators
While federal laws apply to EVERY state (interstate commerce), state laws _____
regulate activity WITHIN their states
interstate commerce
Congress ability regualte transportation, products, or money across state borders
examples of fed law
US Constitution
US Code (federal laws)
Administrative laws - FTC, EPA, IRS
Common law
common law
judges rely on previous court decisions to create law (legal system based on case law)
“supreme law of the land”
US CONST
Article VI (6)
