Chapters 1 & 3 Flashcards
U.S. Legal System and Why It's Important in HS
What is the top legal issue impacting high school athletics?
Liability for sports injuries and the duties of personnel
What is a top legal issue for high schools in the state of Iowa?
concussion management
Do all 50 states and the United States have a constitution?
Yes
What is the purpose or goal of a constitution?
limit the power of the government to protect certain rights
what is the 1st amendment?
freedom of speech and religion
what is the 4th amendment?
prohibits unreasonable searches and seizures
what is the 14th amendment?
due process/equal protection
what branch covers statutory law?
legislative
what are statutes or statutory law?
written laws by legislatures for the US and states; passed by elected officials of that state
what is common law?
laws created by court decisions that interpret existing laws as they apply to a certain case
what is binding precedent?
decisions of higher courts establish the rule of law to be followed in similar cases in lower courts within the same jurisdiction
persuasive precedent
legal decision that a court can consider when making a ruling, but is NOT required to follow it.
when would the State have jurisdiction?
when both parties live and operate in the same state and when the cases involve state or federal laws
when would it be considered federal jurisdiction?
when the parties involved are from different states or the lawsuit concerns federal law only
what are the hierarchies of the courts from lowest to highest authority?
lowest - trial court (district court)
middle - appellate court (court of appeals)
highest - supreme court
what are the three possibilities of appeals cases?
affirm = support lower court’s decision
reverse = overturn the lower court’s decision
remand = send the case back to the lower court to reconsider with new information and guidance
what is certiorari?
a request for the decision of whether or not a higher court will or will not review a lower court’s decision
in which court is a person charged with a crime against the state prosecuted?
criminal court
in a criminal court case the prosecution must prove what?
guilt beyond a reasonable doubt
what court cases hear cases that involve controversies of a noncriminal nature?
civil courts
what is a tort?
civil wrong, other than a breach of contract; usually causing of damage to property, a person, a person’s reputation, or a person’s commerical interest
in civil court, what is a preponderance of evidence?
the plaintiff has to prove that his or her case is more likely than not to be true
what are the four steps of civil trial processs?
- plaintiff files complaint
- defendant answers complaint
- discovery of evidence
- settlement or trial
How can you conclude a trial (4 options)
- decision on the full merits of the case (guilty or not guilty)
- motion to dismiss for failure to state a claim
- motion for a summary judgment
- preliminary injunction
what is a summary judgment
a situation in which the facts in the case are not disputed by the plaintiff or the defendant – NO need for a trail and judge can render a decision based on the law and facts of the case
what is a preliminary injunction?
plaintiff claims that something is happening quickly and the court needs to be involved asap
what four things must be true for a preliminary injunction to be granted?
- the plaintiff has a great likelihood of winning the case
- the plaintiff will suffer irreparable injury if the preliminary injunction is not granted
- the preliminary injunction will not inflict a greater injury on the defendant than the one threatening the plaintiff
- the preliminary injunction will not have an adverse effect on the public interest
