Chapter One Flashcards
what are the functions of Law
- keep the peace (criminal laws)
- Shape moral standards (discourage drugs and alcohol abuse)
- Promote social justice (Promote social justice)
- Maintain the status quo (provent forceful overthrow of government)
- facilitate orderly change or planning(zoning/ building codes
- provide a basis for compromise. (90-95% of law suits settle before going to court)
- Maximize individual freedom.(freedom of speech freedom of religion)
what percentage of law suits are settled before they go to court?
90-95%
What does the case Plessy v. Ferguson deal with?
Separate but equal law upheld
What does the case Brown v. Board of education deal with?
reversed prior precedence and held that separate but equal doctrine violated the equal protection clause.
What does the legislative branch have power to do?
Has the power to enact (make) laws
What does the executive branch have power to do?
Enforce laws
what does the judicial branch have power to do?
power to interpret and determine the validity of the law
What is precedents?
an example or guide to be considered in subsequent similar circumstances known as “Stare decisis”
What is Stare Decisis
the doctrine of following precedents
What is priority of law?
who has trump power: federal law trumps state law.
What is quasi rem jurisdiction?
allows a plaintiff who obtains a judgement in one state to try to collect the judgement in another state
What is “Full Faith” and “Credit Clause”
a judgment of a court of one state must be given full faith and credit by the courts of another state.
What is Litigation
the process of brining, maintaining, and defending a lawsuit
what are the steps in Litigation?
Pleading, Intervention, Consolidation, Statute of Limitations
What are the 4 steps of a “Plead”?
- Complaint
- Answer
- Cross-complaint
- Reply
What is Statute of Limitations?
Period during which a plaintiff must bring a lawsuit against a defendant
What is Discovery
Gather infö about a case to be used in trial
what are the 4 major forms of discovery?
- Deposition
- Interrogatories
- Productions of documentation
- Physical or Mental examination
What is a jury?
The trier of fact
what is Voir dire
Process of selecting a jury
What are the burdens of proof
- Preponderance of the evidence (greater than 51%)
- Clear and Convincing (75-80%)
- Beyond a reasonable doubt (high 90%)
what burden do states bear in criminal cases?
Beyond a reasonable doubt (high 90%)
What is an Appeal?
A chance for a party who believes a mistake of law occurred can seek a review of the case by a higher court.
How many days are people given to appeal a verdict?
60-90 days
What are the alternative dispute resolutions?
- Arbitration
- Negotiations
- Mediation
- Conciliation
- Mini-trial
What are enumerated powers?
Powers given to the federal government
what are reserved power?
Powers that states have retained
Who controls interstate commerce?
The federal government takes control
What is a dominant commerce clause?
A clause that doesn’t affect commerce on the face but does affect it when it is enacted.
What is an example of Fully protected Speech?
Political speech
What is an example of Limited protected speech?
Offensive speech, and commercial speech
What is an example of unprotected speech?
Dangerous, Fighting words, defamatory language, Child pornography, obscene speech
