Definitions

Question 1

Case Law

Answer 1

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

Question 2

Statutory Law

Answer 2

Each State Constitution provides for legislatures to adopt Statutes.
Statutes are adopted by the Federal Government and State Government.

Question 3

Ordinances

Answer 3

are adopted by local governments such as towns and counties.

Question 4

Constitution

Answer 4

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.

Question 5

CONSTITUTIONAL POWERS

Answer 5

All constitutions contain 2 types of powers. Express Powers & Implied Powers.

Question 6

Express powers

Answer 6

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.

Question 7

Implied Powers

Answer 7

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.

Question 8

CONSTITUTIONAL AMENDMENTS

Answer 8

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.

Question 9

BILL OF RIGHTS.b

Answer 9

10 amendments to the Constitution

Question 10

JUDICIAL REVIEW

Answer 10

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).

Question 11

Case Law

Answer 11

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.

Question 12

ADMINISTRATIVE LAW

Answer 12

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.

Question 13

SYSTEM OF COURTS

Answer 13

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.

Question 14

DISTRICT COURT

Answer 14

The trial level. This is the lowest court in the Federal System.

Question 15

CIRCUIT COURTS OF APPEAL.

Answer 15

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.

Question 16

The highest court in the Federal Court System is

Answer 16

Supreme Court of the US

Question 17

What judges are appointed by the President

Answer 17

Federal Judges (theses appointments are for life)

Question 18

Court Jurisdiction

Answer 18

Authority of a court to consider to hear a dispute or case

Question 19

EN BANC

Answer 19

which means that they are requesting all of the Judges who sit on that Circuit Court hear the appeal.

Question 20

COMPLAINT - SUMMONS

Answer 20

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

Question 21

Answer

Answer 21

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.

Question 22

DISCOVERY

Answer 22

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.

Question 23

Execution

Answer 23

After the trial the decision of the court or jury is called the Judgment.

Question 24

Crime

Answer 24

is a violation of a specific statute, which has been enacted to protect the public against a serious wrong.

Question 25

Tort

Answer 25

is a violation of a private wrong against a person or a company

Question 26

What are the 3 classifications of crimes

Answer 26

Treason
Felonies
Misdemeanors

Question 27

Treason

Answer 27

Crime of betraying one’s country

Question 28

Felony

Answer 28

Serious crime may be punished by death.

Question 29

Misdemeanor

Answer 29

Is les serious offense than a felony
Imprisonment no more than 1year

Question 30

Arson

Answer 30

Malicious burning of a house or building belonging to another person

Question 31

Larceny

Answer 31

is the broad term that includes most forms of theft such as robbery, hijacking, embezzlement and shoplifting

Question 32

Robbery

Answer 32

is the taking of property in the possession of another person against that person’s will and under threat of bodily harm.

Question 33

Bribery

Answer 33

The act of offering, giving, receiving, or soliciting something of value to influence official action or the discharge of public duty

Question 34

FALSE PRETENSES

Answer 34

A broad category of crimes that involves activities intended to deceive others or to obtain goods by making false claims

Question 35

FORGERY

Answer 35

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

Question 36

Perjury

Answer 36

intentionally giving false oral or written statements under oath in a judicial setting

Question 37

Embezzlement

Answer 37

the wrongful taking of money or other property that has been entrusted to a person as a part of his or her job

Question 38

Defamation

Answer 38

he harming of a person’s reputation and good name

Question 39

Defamation is divided in 2torts

Answer 39

Libel & Slander

Question 40

Libel

Answer 40

is the more permanent type of defamation

Question 41

Slander

Answer 41

is the more permanent type of defamation

Question 42

Privilege

Answer 42

Statements that are untrue and satisfy the element of Publication may be exempt from prosecution if there is a Privilege

Question 43

Judgement

Answer 43

After the trial the decision of the court or jury is called the judgment

Question 44

Plaintiff

Answer 44

the one to bring of file the lawsuit