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Intro to Law and the Legal System > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

What is Common Law?

A

Common Law is a body of law developed through the courts.

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2
Q

What is Law?

A

Laws are a set of rules and procedures usually intended to regulate some aspects of society.

Rules created and enforced by federal, state, and local governments

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3
Q

What is precedent?

A

Precedent: the example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases.

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4
Q

What is “Stare Decisis”?

A

Stare Decisis stand for “it stands decided”

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5
Q

What are substantive laws?

A

Substantive laws are laws that define our rights and obligations.

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6
Q

What are procedural laws?

A

Procedure laws are laws that dictate how we enforce our rights and obligations.

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7
Q

Due Process of Law

A

The existence of a law that prohibits its conduct in question before the violation occurs; a law is sufficiently certain and clear so that an individual is capable of knowing what is permissible and what is illegal; a specifically described penalty that is to be imposed in the event a person is found guilty.

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8
Q

What is jurisdiction?

A

The power of authority to act in a certain situations; the power of a court to hear cases and tender judgements.

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9
Q

Differences between criminal and civil cases

A

as criminal cases are typically prosecuted by state officials, whereas civil cases take place between plaintiffs, or private individuals/organizations.

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10
Q

Comparison between criminal and civil cases

A

substantive laws and procedural laws exist for both civil and criminal cases

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11
Q

What is indigent?

A

Indigent: without funds or assets and therefore unable to afford an attorney

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12
Q

What is burden of proof?

A

The necessity of establishing a particular fact or the necessity of going forward with the evidence.

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13
Q

What is jurisprudence?

A

Study of philosophy of law

Jurisprudence deals with the multitude of questions related to the origins of law, the meaning of law, and the relationship of law and morality.

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14
Q

what is tort?

A

Tort is a non-contractual civil wrong.

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15
Q

What are the statute of limitations?

A

A law that places a time limit on when a lawsuit can be filed.

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16
Q

what is civil law?

A

is a legal system based on written laws or codes

a type of law that controls private disputes between parties

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17
Q

What is federalism?

A

A system of the government in which the people are regulated by both federal and state governments.

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18
Q

What are preemption?

A

A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas.

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19
Q

What is ex post facto?

A

“After the fact”; refers to laws that impose criminal responsibility for acts that were not crimes at time the acts occurred.

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20
Q

Exclusive jurisdiction

A

The sole power or authority to act in a certain situation

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21
Q

concurrent jurisdiction

A

A term that describes situations where more than one entity has the power to regulate or act.

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22
Q

What is the Supremacy Clause?

A

The clause in the U.S. Constitution making the Constitution and the laws of the United States and the laws of the United States the supreme law of the land.

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23
Q

What are the sources of law?

A

Places where laws are found; constitutions, cases, statutes, and administrative regulations

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24
Q

Bill of Rights

A

The first Ten Commandments to the Constitution.

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25
Q

Constitution

A

A document whose primary purpose is to establish a government and define its powers.

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26
Q

Code

A

A topical organization of statutes.

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27
Q

What is Statutory law?

A

Laws enacted by a legislative.

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28
Q

What is Case Law?

A

A collection of reported cases.

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29
Q

put your mind to it

A

you got this

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30
Q

What are express powers?

A

Powers given to Congress that are spelled out in the Constitution.

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31
Q

What are implied powers?

A

The power that Congress has to regulate that Is derived from the express powers.

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32
Q

What is the Commerce Clause?

A

A section of the U.S. Constitution found in Article 1, giving the U.S. Congress the right to regulate foreign and interstate commerce.

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33
Q

later in the slide

A

you got it

34
Q

Trial

A

The open-court process where all parties present evidence, question witnesses, and generally put their case before the court.

35
Q

What is trier of fact?

A

In a trial, the one who determines the true facts; either a jury or, if a case is tried without a jury, the judge.

36
Q

what is diversity of citizenship?

A

A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000.

37
Q

What is appellate jurisdiction?

A

The power of a court to review what happened in lower court.

38
Q

What is jury instruction?

A

The directions read to the jury by the judge; they simplify the law applicable to the case.

39
Q

What is affirm?

A

to uphold; used in connection with an appeal to uphold the lower court’s decision.

40
Q

Reverse

A

to change

41
Q

remand

A

to send back

42
Q

Petition for a writ of certiorari

A

A document filed with the Supreme Court requesting a hearing

43
Q

Court Clerk

A

A court employee who assists the court and the judge by filing documents, marking and safeguarding evidence, reviewing documents that are submitted to the judge, and performing other similar task

44
Q

Court Reporter

A

A person who records (electronically or stenographically) the testimony that takes place durning the open court proceedings; the court reporter will produce a transcript.

45
Q

Bailiff

A

An individual who is responsible for the safety of the judge and for order within the courtroom; sometimes known as court deputy or court attendant.

46
Q

Paralegal/ legal assistant

A

An individual whose training and education enables him or her to assist lawyers by performing certain legal tasks that traditionally have been done by lawyers.

47
Q

Lawyer/attorney

A

An individual who is authorized by a state to practice law.

48
Q

bar examination

A

An examination administered by a state that tests an individual’s knowledge of the law and is a prerequisite to being allowed to practice law.

49
Q

What is a law clerk?

A

A law clerk refers to a student interning or working in a law firm while attending school.

50
Q

What Is an administrating hearing?

A

A hearing before an administrative agency regarding a dispute between an individual and the agency.

51
Q

What is the judicial conference of the United States?

A

The principle policy-making body concerned with the administration of the U.S. Courts.

52
Q

What is a trust account?

A

A trust account is a special bank account maintained by an attorney into which funds belonging to clients are kept.

53
Q

Case brief

A

A short summary of a published case

facts, procedural posture, issue, holding, rationale and dissenting opinions

54
Q

What is a law review?

A

A law review is a publication containing articles written by judges, professors, and attorneys; it also contains case summaries written by Law students. Most law schools publish one or more periodic law reviews each year.

55
Q

what are concurring opinions?

A

Concurring opinions are separate opinions written by one or more justices in a case; this opinion agrees with the ultimate decision of the majority of the court, but reasoning that differs from the reasoning of the rest of the court.

56
Q

What are dissenting opinions?

A

A separate opinion written by one or more justices in a case; this opinion disagrees with the decision of the majority of the court.

57
Q

Federal Court System

A 
Supreme Court (The United States Supreme Court)
Appellate Courts ( U.S. Court of Appeals)
Trial Courts (U.S. District of Courts)
58
Q

What are administrative regulations?

A

Administrative regulations are rules made by various administrative agencies acting under authority given to them by a legislature.

59
Q

Roper vs. Simmons (2005)

A

Christopher Simmons, 17 years old, and two of his friends planned to murder an elderly neighbor. One of the boys dropped out, but Christopher and his other friend broke into the victim’s home in the middle of the night, tied her up, covered her eyes and drove her to a state park where they threw her off a bridge. She died by drowning.

The eighth and fourteenth amendments forbid imposition of the death penalty on offenders who were under the age of 18 when the crimes were committed.

60
Q

Katzenbach vs McClung (1964)

A

It’s about a small family-owned, 220-seat restaurant in Birmingham, AL. It catered to local families but also served customers from outside the state. It provided only take-out service to African American customers. It was located on a state highway and was 11 blocks from an interstate highway. In a typical year, approximately half the food it purchased was from a local supplier who got the supplies from out of state.

Title II of the Civil Rights Act of 1964 and the Commerce Clause of the United States Constitution, federal law applied

61
Q

Katzenbach vs McClung (1964)

A

Ollie’s Barbeque was a small, family-owned restaurant in Birmingham, AL that refused to serve Black patrons, other than at a pick up window in back. It sued to enjoin (this means stop) the city from enforcing Title II of the Civil Rights Act of 1964 (commerce clause) against the restaurant.

The USSC held that the purpose of Title II is a valid exercise of the power to regulate interstate commerce insofar as it requires hotels and motels to serve transient guests without regard to their race or color. Thus, section 201 of the statute, forbidding racial discrimination by restaurants offering to serve interstate travelers, or serving food a substantial portion of which has moved in interstate commerce, is a constitutional exercise of the commerce power.

62
Q

Texas vs. Johnson

A

In this case, a Texas trial court found defendant Johnson guilty of violating a state law making it a crime to burn the American flag. He did this at a Republican National Convention held in Texas. Johnson appealed and eventually the U.S. Supreme Court granted certiorari. The Court found that his arrest violated the first amendment of freedom of speech.

63
Q

Powell vs. Alabama (1932)

A

The first right to an attorney case presented to the supreme court was Powell vs. Alabama. In this case a group of young men were tried for rape. At the time this was a capital offense, an offense punishable by death. The defendants were poor and could not afford an attorney. The state refused to provide them with adequate legal representation for they trial. They were convicted and sentenced to die. The appealed their case to the U.S. Supreme Court. The Court decided that in capital cases, the due process (14th amendment) requires appointment of counsel by the state for indigent defendants. The decision did not apply to noncapital cases.

64
Q

Gideon vs. Wainwright (1963)

A

Clarence Earl Gideon was charged in Florida state court with felony breaking and entering. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him.

The court faced a similar question- did the state have to pay for lawyers for indigent defendants. In this case, the defendant was accused of a felony that was not a capital offense. The Court said this defendant was entitled to have a lawyer provided by the state. The rule regarding appointment of lawyer for poor defendants was now expanded to include not only capital cases but felony cases. (not misdemeanors or minor infractions)

65
Q

Argersinger vs. Hamlin (1972)

A

Jon Argersinger was an indigent charged with carrying a concealed weapon, a misdemeanor in the State of Florida. The charge carried with it a maximum penalty of six months in jail and a $1,000 fine. During the bench trial in which he was convicted and sentenced to serve ninety days in jail, Argersinger was not represented by an attorney.

The Court faces the question about appointment of lawyers, but this time the defendant was charged with a misdemeanor. The Court decided that some misdemeanors (those for which the jail would be imposed), the right to court-appointed counsel existed. It took the court forty years to be presented with appropriate factual questions to decide that the right to counsel exists in capital cases, felony cases and some misdemeanors.

66
Q

What is the trier of the law?

A

The judge or jury responsible for deciding factual issues in a trial

67
Q

What is the Rule of Four?

A

The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court’s members from controlling their docket

68
Q

What is the Supreme Court?

A

highest court in the U.S., rules over all other courts

69
Q

District Attorney

A

Works for the prosecutor

70
Q

What is a public defender?

A

works for the defendant, employed by the state

71
Q

Who are court personnel?

A

In a courtroom trial are the judge, a court reporter (in superior court), a clerk, and a bailiff. Other central people are the attorneys, the plaintiff, the defendant, witnesses, court interpreters, and jurors

72
Q

What are state court systems?

A

High Court (State Supreme Court)
Appellate Courts
Circuit/District Courts -
Trials, Felonies, Family, probate, juvenile issues, Election issues
County Courts -
Misdemeanors, Traffic Court, Property Disputes, Small Claims
Municipal Courts(Some States)

73
Q

Canons of ethics for judges

A

The Canon of Ethics adopted by the federal judicial conference exemplify the type of rules regulated judges throughout the United States.

A judge should uphold the integrity and independence of the judiciary
A judge should avoid impropriety and the appearance of impropriety in All activities
should preform the duties of the office impartially and diligently
should refrain from political activity

74
Q

What are the legal ethics for lawyers?

A

confidentiality, competency, conflict of interest, attorney fees and trust account, communication with opposing parties and advertising.

75
Q

What is attorney client privilege?

A

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

76
Q

What is a legal brief?

A

In the United States a brief is a written legal argument that is presented to a court to aid it in reaching a conclusion on the legal issues involved in the case. It is invariably employed in appellate courts and is of the utmost importance when no oral argument is made.

77
Q

What is a case citation?

A

A case citation is the way in which a case is referenced in order to allow lawyers to both find a copy of a case report or transcript and to identify a specific case.

78
Q

United States vs. Lopez (1995)

A

The limited power of the federal government to make laws addressed in the case. The Supreme Court was asked to determine in Constitutionality of the Gun Free School Zones Act of 1990, which forbid any individual from knowingly possessing firearms in a school zone.

The case was heard by the U.S. Supreme Court, which held that the Act exceeded Congress’ Commerce Clause Authority. The Court found that the possession of a gun in a local school zone was in no sense an economic activity that might have such substantial effect on interstate commerce.

Respondent was a local student at a local school; there was no indication that he had recently moved in interstate commerce.

79
Q

Brady vs. Maryland (1963)

A

The government’s withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant’s constitutional right to due process.

In separate trials in a Maryland Court, where the jury is the judge of both the law and the facts but the court passes on the admissibility of the evidence, petitioner and a companion were convicted of first-degree murder and sentenced to death. At his trial, petitioner admitted participating in the crime, but claimed that his companion did the actual killing. In his summation to the jury, petitioner’s counsel conceded that petitioner was guilty of murder in the first degree, and asked only that the jury return that verdict “without capital punishment.” Prior to the trial, petitioner’s counsel had requested the prosecution to allow him to examine the companion’s extrajudicial statements. Several of these were shown to him, but one in which the companion admitted the actual killing was withheld by the prosecution, and did not come to petitioner’s notice until after he had been tried, convicted and sentenced, and after his conviction had been affirmed by the Maryland Court of Appeals. In a post-conviction proceeding, the Maryland Court of Appeals held that suppression of the evidence by the prosecutor denied petitioner due process of law, and it remanded the case for a new trial of the question of punishment, but not the question of guilt, since it was of the opinion that nothing in the suppressed confession “could have reduced [petitioner’s] offense below murder in the first degree.”

80
Q

Miranda vs. Arizona (1966)

A

In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. The case began with the 1963 arrest of Phoenix resident Ernesto Miranda, who was charged with rape, kidnapping, and robbery. Miranda was not informed of his rights prior to the police interrogation. During the two-hour interrogation, Miranda allegedly confessed to committing the crimes, which the police apparently recorded.

The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda’s confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and against self-incrimination.

Intro to Law and the Legal System (1 decks)

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