Definitions Flashcards
Case Law
are published decisions of cases. Such decisions may be used by courts to rely on when considering cases that are similar to case that was previously decided
Statutory Law
Each State Constitution provides for legislatures to adopt Statutes.
Statutes are adopted by the Federal Government and State Government.
Ordinances
are adopted by local governments such as towns and counties.
Constitution
The Federal Government is governed by the U.S. Constitution and its amendments. Additionally, each State has its own Constitution which governs the States. The Constitution provides the sovereign (Federal Government or Local Government) with certain reasonable powers. Many of these powers provide the basis for the government to adopt laws. Any law which a government adopts that is not within the constitutional grant of power will be declared unconstitutional by a court.
CONSTITUTIONAL POWERS
All constitutions contain 2 types of powers. Express Powers & Implied Powers.
Express powers
are powers that are specifically stated in the Constitution. For example, the Federal Constitution gives the government the power to raise an army and to assess taxes. Additionally, the Constitution specifically gives the Federal Government the authority to regulate Interstate Commerce.
Implied Powers
are powers that have arisen as a result of interpretation of the express powers by the courts. If it was not for Implied Powers the Government would not have the power to regulate television, space travel, internet or air travel.
CONSTITUTIONAL AMENDMENTS
Because the framers of the Constitution knew that things would develop that the Constitution did not cover the Constitution provides for a method to adopt amendments to the Constitution.
BILL OF RIGHTS.b
10 amendments to the Constitution
JUDICIAL REVIEW
Once a law is adopted and it is challenged the Courts are given the right to review the laws and make a determination as to whether or not the law is valid (Constitutional) or invalid (Unconstitutional).
Case Law
Is a published court decision in which the courts interprets and applies a statute to a specific fact situation. Many court decisions are not publish and generally do not have any precedential value. In subsequent court disputes courts can rely upon the prior published court decision.
ADMINISTRATIVE LAW
State and Federal Agencies have the authority to adopt rules in order to regulate their specific areas. Such rules are called ADMINISTRATIVE RULES and all of the Administrative Rules which the agencies adopt are Administrative Law.
SYSTEM OF COURTS
Both Federal and State Constitutions provide for the establishment of a system of courts that ensures the rights of citizens and enforcement and interpretation of Federal and State Statutes.
DISTRICT COURT
The trial level. This is the lowest court in the Federal System.
CIRCUIT COURTS OF APPEAL.
13 Circuit of Appeals throughout the United States. A Circuit is comprised of a group of States. For example the 3rd Circuit Court of Appeals is made up of Pennsylvania, New Jersey, Delaware and the Virgin Islands.
The highest court in the Federal Court System is
Supreme Court of the US
What judges are appointed by the President
Federal Judges (theses appointments are for life)
Court Jurisdiction
Authority of a court to consider to hear a dispute or case
EN BANC
which means that they are requesting all of the Judges who sit on that Circuit Court hear the appeal.
COMPLAINT - SUMMONS
is a legal document that is written in numbered paragraphs and it tells the “story” of the lawsuit. At the end of the Complaint/Summons the plaintiff states the relief that she wishes the court to grant for him
Answer
In the Answer the defendant responds to the Complaint/Summons paragraph by paragraph. In the Answer the defendant can also state a Counter-Claim against the plaintiff and he can also ask the court to grant him relief.
DISCOVERY
After the Complaint/Summons and Answer are filed the next step in the process in the lawsuit is called Discovery. During the Discovery period the plaintiff and defendant exchange information as required by the Rules of the Court.
Execution
After the trial the decision of the court or jury is called the Judgment.
Crime
is a violation of a specific statute, which has been enacted to protect the public against a serious wrong.
Tort
is a violation of a private wrong against a person or a company
What are the 3 classifications of crimes
Treason
Felonies
Misdemeanors
Treason
Crime of betraying one’s country
Felony
Serious crime may be punished by death.
Misdemeanor
Is les serious offense than a felony
Imprisonment no more than 1year
Arson
Malicious burning of a house or building belonging to another person
Larceny
is the broad term that includes most forms of theft such as robbery, hijacking, embezzlement and shoplifting
Robbery
is the taking of property in the possession of another person against that person’s will and under threat of bodily harm.
Bribery
The act of offering, giving, receiving, or soliciting something of value to influence official action or the discharge of public duty
FALSE PRETENSES
A broad category of crimes that involves activities intended to deceive others or to obtain goods by making false claims
FORGERY
wrongfully making or altering the writings of another with the intent to defraud. This crime could include the falsifying of a signature on check or endorsement, signing a credit card receipt
Perjury
intentionally giving false oral or written statements under oath in a judicial setting
Embezzlement
the wrongful taking of money or other property that has been entrusted to a person as a part of his or her job
Defamation
he harming of a person’s reputation and good name
Defamation is divided in 2torts
Libel & Slander
Libel
is the more permanent type of defamation
Slander
is the more permanent type of defamation
Privilege
Statements that are untrue and satisfy the element of Publication may be exempt from prosecution if there is a Privilege
Judgement
After the trial the decision of the court or jury is called the judgment
Plaintiff
the one to bring of file the lawsuit
