Exam 1 Study guide (pt1) Flashcards

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1
Q

Who controls the legislative branch?

A

The Congress, senate and house

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2
Q

Who controls the executive branch?

A

The President

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3
Q

Who controls the judicial branch?

A

The supreme court

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4
Q

What do the three branches fall under?

A

The constitution

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5
Q

What is the supreme law of the land?

A

U.S. Constitution

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6
Q

What are the two parts of the U.S. Constitution?

A
  1. Main body

2. Amendments

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7
Q

What is the lowest level of federal court?

A

US District Courts

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8
Q

Powers not granted to the federal government are reserved by who?

A

The states

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9
Q

In the Military court system, how many appellate levels are there before the US Supreme court?

A

3 Appellate levels in the military, before the supreme court.

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10
Q

In order of lowest to highest, what is the hierarchy in the Federal system courts?

A

District courts > Courts of Appeal > U.S. Supreme Court

or

Court of Appeals for the Armed Services > U.S. Supreme Court

or

State Supreme Courts > U.S. Supreme Court

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11
Q

From lowest to highest, what is the level of hierarchy in the Military System?

A

Branch specific Courts-Martial > Branch specific Court of Military Criminal Appeals > U.S. Court of Appeals for the Armed Services > U.S. Supreme Court

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12
Q

How does the U.S. constitution work?

A

It is a grant of power from the states to the federal government

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13
Q

From lowest to highest, what is the level of hierarchy in the a typical state system?

A

Limited Jurisdiction Inferior Courts > General Jurisdiction Trial Courts > First Level Appellate Court > State Supreme Court

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14
Q

What is the definition of law?

A

A system of rules that defines socially acceptable behavior and sets punishments for violations.

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15
Q

Is NJP a level of the military court system?

A

No

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16
Q

Who maintains the public law?

A

The state

17
Q

Are corporations considered individuals in the eyes of the law?

A

Yes

18
Q

Explain public law

A

A law dealing with relationships of the government to the individual.

19
Q

Explain private law

A

A law dealing with individuals from one to another where the state does not get involved. (divorce court, law suits)

20
Q

What law does the following fall under?

  1. Society harmed
  2. No self-help
  3. Restriction on liberty
  4. Beyond a reasonable doubt
  5. Trial by jury guaranteed
A

Criminal law

21
Q

What law does the following fall under?

  1. Individual harmed
  2. Self-help permitted
  3. Damages
  4. By a preponderance of the evidence
  5. Limited right to trial by jury
A

Civil Law

22
Q

If an individual is harmed, is that still considered a harm against society?

A

Yes (criminal law)

23
Q

Can one insure themselves against intentional acts?

A

No

24
Q

What two documents fall under civil law?

A

Contracts and Torts

25
Q

What is a contract?

A

A legally binding agreement