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law & us legal systems > exam 1 > Flashcards

exam 1 Flashcards

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1
Q

what is law on the books

A

legal and structural components of the judiciary, constitutions, regulations

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2
Q

what is law in action

A

focuses on human factors governing the actual application, police, judges

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3
Q

what are the 8 steps for a criminal prosecution

A

1.arrest
2.initial appearance
3.preliminary hearing
4.arraignment
5.plea negotiations
6.trial
7.sentencing
8.appeal

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4
Q

characteristics of due process model

A

liberal, protects rights, advocates social programs aims at reducing crime by reducing poverty

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5
Q

characteristics of crime control model

A

conservative, goal of eliminating crime, harsh punishment

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6
Q

define substantive law

A

rule that creates legal obligations/expectations

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7
Q

define procedural law

A

establishes methods of enforcing obligations

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8
Q

what is adversary law and what does it achieve

A

guiding assumption is that 2 parties approach the same set of facts from different perspectives; achieves guilt or innocence, keeps sides in control

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9
Q

4 elements that define law

A

REAL
body of rules
enforced regularly and backed by force of state
enacted by persons authorized
enacted in legitimate manner

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10
Q

what is civil law

A

disputes between private parties, involves $, burden of proof is by preponderance of the evidence, examples are domestic relations, property, contracts

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11
Q

what is criminal law

A

crimes or wrongs against person, punished with incarceration, prosecutor has to prove beyond a reasonable doubt, examples are murder, robbery, burglary

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12
Q

what is natural law

A

basis in higher authority, moral basis law, common to all society, grounded in nature

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13
Q

what is positive law

A

human made law, changes w circumstances, limited by natural law, conflict w natural law

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14
Q

doctrine that requires to decide a case by applying previous cases

A

stare decisis

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15
Q

what is stare decisis(precedent)

A

“let decision stand”, promotes fairness and consistency is judicial decision making

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16
Q

what is jurisdiction

A

authority or power of a court to decide a dispute

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17
Q

appellate jurisdiction

A

case goes to app c so they can review what the trial court did

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18
Q

original jurisdiction

A

power of a court to hear and decide a case for the first time, trial court

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19
Q

concurrent jurisdiction

A

shared between courts

20
Q

diversity jurisdiction

A

suits between residents of different states, more than $75,000

21
Q

what did art 3 of constitution create

A

the us supreme c and all other courts as well as the structure

22
Q

what is writ of certiorari

A

request that supreme c order a lower c to send up the record of the case for review

23
Q

what is rule of 4

A

4 supreme c justices have to agree to hear the case

24
Q

characteristics of trial courts

A

original jurisdiction, 1 judge, determine guilt or innocence

25
Q

characteristics of appellate courts

A

review the case, no jury, figure out if it has the correct interpretation of law

26
Q

diagram federal c system

A

us supreme c
appellate c(us c of appeals)
trial c (us district c)
federal c (military)

27
Q

diagram state c system

A

state supreme c, superior c/commonwealth c, common pleas c, magisterial district judges

28
Q

what is problem solving c

A

courts aimed to treat the problems that underlie and contribute to certain crimes
ex drug c, domestic violence c, mental health c

29
Q

2 primary functions of appeals

A

error correction (interpretation of law)
policy formation (law making)

30
Q

what is mandatory jurisdiction

A

required to hear the case

31
Q

what discretionary jurisdiction

A

chooses to hear case

32
Q

reversed disposition

A

disagree with lower court so they reverse it

33
Q

affirmed disposition

A

judgement of the lower court is correct and should stand

34
Q

remands disposition

A

case is sent back to the lower c

35
Q

reversed and remands disposition

A

case overturned and disagreed, sent back to lower c for further hearing

36
Q

6 steps of appellate process

A

1.file notice of appeal
2.appellate c record sent pleadings, transcripts
3.review appellate briefs (written arguments of each side)
4.oral argument
5.written opinion (app c explanation)
6.dispostiion (reversed, remanded, etc)

37
Q

difference between art 1 and 3 judges

A

art 1 are nominated by pres and confirmed by senate. art 3 have lifetime appointments

38
Q

factors of juv c

A

found delinquent, help child, informal proceedings, proceedings based on civil law, secret proceedings, no jury trial, probation officer from beginning

39
Q

factors of adult c

A

called criminal, focuses on punishment, formal, proceedings based on criminal law, open proceedings, have jury trial

40
Q

3 ways juv might be in system

A

delinquency, status offenses, need of supervision

41
Q

factors that determine whether a case should be handled in juv system

A

age, severity of crime, past offenses

42
Q

when determining if a case should be transferred to adult what is the first factor a c should consider

A

a specific waiver must be signed

43
Q

doctrine that established juv system

A

parens patrie

44
Q

what is parens patrie

A

“state as parent”, progressive efforts sought to change the thinking about children

45
Q

9 supreme c justices

A

1 john roberts Cheif GWB
2 clarence thomas GHWB
3 samuel alito GWB
4 sonia sotomayor obama
5 elena kagan obama
6 brett kavanaugh T
7 amy coney barret T
8 neil gorsuch T
9 ketanji brown jackson biden

46
Q

what is dissenting opinion

A

explains why they believe their fellow judges reached the wrong conclusion

law & us legal systems (2 decks)

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