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Intro to Courts > Final > Flashcards

Final Flashcards

1
Q

2 Basic Types of Courts

A

Trial and Appellate

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2
Q

4 Levels of Courts (Low to High)

A

Limited Jurisdiction

Trail Courts (General Jurisdiction)

Appellate Courts

Courts of Last Resort

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3
Q

14th Amendment

A

due process and equal protection

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4
Q

Amicus Curiae Brief

A

Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. (Cannot be party to the litigation)

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5
Q

What is allowed in Appelate Review?

A

only what is on the record

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6
Q

Article I Judges

A

Legislative Courts

Term Limits, No Tenure

Tax and Military

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7
Q

Article III Courts

A

Judiciary Courts

Tenure, No Term Limits

District and Appellate Courts

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8
Q

Article I

A

Establishes the Legislative Branch

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9
Q

Article II

A

established the executive branch

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10
Q

Article III

A

Establishes the Judicial Branch

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11
Q

Article V

A

amendment process spelled out

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12
Q

Article VI

A

Supremacy Clause

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13
Q

Article VII

A

Ratification of the Constitution by nine states required

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14
Q

Bench Trial

A

A trial in which the judge alone hears the case

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15
Q

Bill of Rights

A

First 10 amendments to the Constitution
Only apply to federal issues

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16
Q

Blue Slip Rule (senatorial courtesy)

A

allows a home-state senator to stop a lower-court nominee by refusing to return the blue slip to the Judiciary Committee

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17
Q

Beyond A Reasonable Doubt

A

The level of proof required to convict a person of a crime in criminal case

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18
Q

Preponderance of the Evidence

A

Usually the standard of proof used in a civil suit

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19
Q

Clear and Convincing Evidence

A

civil matters in federal litigation

Standard is higher than P/P but less than BRD

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20
Q

Case or Controversy

A

A requirement that courts may decide only cases in which an actual conflict between persons exists.
(Justiciability)

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21
Q

Case Briefing Criteria

A

PARTIES

FACTS

ISSUE

COURT’S FINDINGS

LEGAL BASIS

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22
Q

Case Law

A

published cases by courts found in state or federal reporter series

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23
Q

Case Precedent
Stare Decisis
Rule of Law

A

previous case ruling court can rely on for current ruling

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24
Q

Codified

A

written into law

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25
Q

Commerce Clause

A

clause stating that Congress can regulate interstate and international commerce.

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26
Q

Controlling Law

A

contra to the concept of dicta or persuasive law where a higher court has ruled on a matter that decision is for the courts under its jurisdiction

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27
Q

Dicta (Dictum)

A

A remark statement or observation of a judge that is not necessary part of the legal reasoning needed to reach the decision in a case.

Not a binding legal precedent (other courts are not required to accept it)

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28
Q

Dissent

A

published opinion/reasoning of a judge/justice on the reviewing court

Not apart of Majority Opinion

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29
Q

Due Process

A

5th and 14th. hallmark of the american criminal justice system. Entitlements in adversarial proceeding depending on the potential punishment.

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30
Q

equity

A

interpret the law to make the outcome of the case right or fair and just

Delaware Chancery Courts

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31
Q

Who Do Lawyers Sue?

A

everyone

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32
Q

Exculpatory Evidence

A

any information having a tendency to clear a person of guilt or blame

Brady v. Maryland

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33
Q

Fairness and Justice

A

what criminal trials are supposed to be about in lieu of winning or losing.

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34
Q

Federalism

A

10th Amendment. powers are not delegated to the U.S. by Constitution nor prohibited by it to the states, are reserved to the states

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35
Q

Federal v. State Criminal Laws

A

depends on jurisdiction

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36
Q

FISA Court

A

Foreign Intelligence Surveillance Court
3 judges need to be in close proximity to the court in DC

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37
Q

Grand Jury

A

state/ federal bodies to investigate

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38
Q

Holding/Decision

A

how did the court rule in this case?

Affirm Reverse Remand

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39
Q

Indictment

A

a formal charge or accusation of a serious crime.

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40
Q

True Bill

A

Indicted by a grand jury

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41
Q

No Bill

A

no indictment

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42
Q

Information Indictment

A

in lieu of an indictment in certain jurisdictions

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43
Q

Judicial Activism

A

the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.

Dobbs v. Jackson

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44
Q

Judicial Legislation

A

when courts do not feel bound by the letter of the law or by their own precedents and instead appropriate the legislative function of making laws in order to resolve issues
Commonwealth v. Cass

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45
Q

Judicial Restraint

A

the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.

Brady v. Maryland

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46
Q

Judicial Review

A

The power of the courts to declare laws unconstitutional

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47
Q

Jurisdiction

A

refers to a court’s authority over parties, subject matter and geographical area

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48
Q

Jury Nullification

A

jury can disregard both law and facts and rule as they want in any case.

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49
Q

Justiciable

A

appropriate for court assessment (case or controversy)

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50
Q

Kadi Justice

A

where a judge is free of all constraints and cane rule from their breast/heart

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51
Q

Moot

A

lost its practical significance because the underlying controversy has been resolved, one way or another

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52
Q

On All Fours

A

a reference to a lawsuit in which all the legal issues are identical (or so close as to make no difference) to another case, particularly an appeals decision which is a precedent in deciding the suit before the court

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53
Q

On the Record

A

what is allowed in an appellate review

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54
Q

Originalist/Strict Constructionist

A

the meaning of the constitutional language was fixed at the moment of its adoption in 1791

AS WRITTEN

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55
Q

Original Jurisdiction

A

authority of a court to hold a trial as distinguished from appellate jurisdiction to hear appeals from trial judgements

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56
Q

Example of Parties

A

plaintiff, defendant, petitioner, respondent, tortfeasor

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57
Q

Replicability

A

allows attorneys clients and judges to provide some rational assessment of how a case will be decided

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58
Q

Respondent Superior

A

an employer is responsible for the employee’s actions

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59
Q

Rule of Four

A

The Supreme Court will hear a case if four justices agree to do so.

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60
Q

SCOTUS

A

Supreme Court of the United States

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61
Q

Sequester

A

keep away from others

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62
Q

Solictior General of the US

A
  1. conducts and supervises all Supreme Court litigation on behalf of the United States;
  2. determines whether appeals will be taken by the federal government to all appellate courts
  3. determines whether the federal government will file an amicus curiae brief or intervene in any appellate court; and, additionally
  4. assists the Attorney General, the Deputy Attorney General, and the Associate Attorney General in the development of broad Department program policy
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63
Q

Standing

A

legitimate justification for bringing a civil case to court

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64
Q

Statute

A

codification of a law or regulation by legislative body

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65
Q

Textualism

A

used to derive and apply rules from the words chosen by the constitution’s framers and statute drafters

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66
Q

Quallifications for SCOTUS justice

A

nothing

ugly third grader

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67
Q

US Magistrate Court

A

federal lower trial courts with limited jurisdiction

68
Q

venue

A

court’s geographical jurisdiction

69
Q

Writ of Cetiorari

A

A petition asking the Supreme Court to hear a case

70
Q

7th Amendment

A

Right to jury in civil trials.
Civil Litigation

71
Q

Actus Reus

A

voluntary act and essential element in proving criminal conduct

72
Q

Alford Plea

A

a plea in which the defendant claims innocence yet pleads guilty for other reasons

73
Q

Allen Charge (“dynamite charge”)

A

If the jury reports that it is deadlocked and unable to decide on a verdict, this allows the trial judge to suggest that the jury further consider the charge in an effort to reach a verdict, but cannot be coercive

74
Q

Hung Jury

A

a jury that cannot agree on a verdict

75
Q

Allocution (Criminal Plea)

A

use something for a specific purpose or give something to a specific person etc. after an official decision has been made

76
Q

Alternative Dispute Resolution (ADR)

A

legal techniques for the resolution of disputes outside the court involving an impartial third party

77
Q

Arbitration

A

Processes that utilizes one or more third party persons whose decision is BINDING on the parties

78
Q

Mediation

A

utilizes an impartial third party to assist dispute to reach a VOLUNTARY settlement of their disputes. Non-Binding
Ex Parte

79
Q

Arrignment

A

criminal court hearing where defendants are read charges against them

80
Q

Caveat Emptor

A

buyer beware

81
Q

Nominal Damages

A

civil litigation damages of $1

82
Q

Compensatory Damages

A

compensate a plaintiff for harm, injury, or other losses caused by the tortious conduct of another party

83
Q

Punitive Damages

A

No Cap. Apparently five times the amount of compensatory damages or $350,000, whichever is greater

84
Q

Class Action Lawsuit

A

action by one or more plaintiffs to bind a class of similarity situation folks in one large law suit

85
Q

Constructive Notice

A

Basis on which jurisdictions hold people legally responsible for laws in their jurisdiction.

86
Q

Contigency Fee

A

a fee paid after the successful conclusion of a case

87
Q

Corpus Delicti

A

produce the body. Proof a crime has been committed

88
Q

Cross Examination

A

The questioning of an opposing witness during a trial.

89
Q

Direct Examination

A

examination of a witness by his or her attorney

90
Q

En banc

A

the term used when the full panel of judges on the appellate court hears a case

91
Q

Exclusionary Rule

A

4th Amendment. unreasonable search and seizure

92
Q

Ex Post Facto

A

after the fact. no retroactive application in criminal matters

93
Q

Expungement

A

relates to removal of a prior arrest/conviction record

94
Q

Foreseeability

A

Goes to prospective application of laws since they cannot be retroactively applied after the act was committed and then the law was enacted

95
Q

Frivolous Lawsuits

A

the practice of starting or carrying on law suits that have little to no chance of winning

96
Q

Gerrymander

A

political input by the controlling political party to reconfigure legislative districts to benefit voters for their party

97
Q

Hersay Exceptions

A

dying declaration

statements against one’s own interest

business records kept on a regular basis

98
Q

Immunity

A

exemption from a civil or criminal action

99
Q

Use Immunity

A

Immunity given to a witness in exchange for evidence or testimony

100
Q

Transactional Immunity

A

border form of use immunity that also protects the witness from any prosecution brought about relating to transactions to which they gave testimony

101
Q

Qualified Immunity

A

protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

102
Q

Absolute Immunity

A

Complete immunity from civil lawsuits. In the case of prosecutors, absolute immunity shields them from all civil liability for actions taken in connection with the traditional role of courtroom advocacy on behalf of the government.

103
Q

Diplomatic Immunity

A

form of legal immunity and a policy held between governments that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country’s laws

104
Q

Sovereign Immunity

A

judicial doctrine that prevents the government or its political subdivisions departments and agencies from being sued without its content

105
Q

Implied Powers

A

Powers not specifically mentioned in the constitution

106
Q

1

A

Trial Judge (JMN)

107
Q

2

A

Federal Cricut for CT, NY and VT (JMN)

108
Q

3

A

Intermediate appellate federal judicial panel (JMN)

109
Q

4

A

Losing Side or Rule of Four (JMN)

110
Q

5

A

SCOTUS Majority Wins (JMN)

111
Q

6

A

NJ Civil Jury Panel (JMN)

112
Q

7

A

NJ Supreme Court Justices (JMN)

113
Q

8

A

AZ Criminal Jury Panel (JMN)

114
Q

9

A

SCOTUS Justices (JMN)

115
Q

10

A

Bill of Rights (JMN)

116
Q

11

A

Apodaca v. Oregon (JMN)

117
Q

12

A

Federal Criminal Jury Panel (JMN)

118
Q

13

A

Federal Circuit Courts of Appeal or Military Jury Panel (JMN)

119
Q

14

A

Equal Protection of the Laws (JMN)

120
Q

15

A

Scotland Criminal Jury Panel (JMN)

121
Q

Mens Rea

A

mentally culpable state essential elements of criminal conduct

122
Q

PKRN

A

purposefully, knowingly, recklessly, negligently

123
Q

Motion To Dissmiss

A

court lacks jurisdiction or demurrer

124
Q

Motion to Make More Definite

A

alleged complaint(s) must be more specific

125
Q

Motion to Quash

A

void an improperly served summons

126
Q

Motion to Strike

A

Motion to Strike

127
Q

Motion for Summary Judgment

A

no genuine issues of material fact

128
Q

Nolo Contendere Plea

A

a plea of no contest

129
Q

Nullum Crimen Sine Lege

A

no crime without law

130
Q

Open Discovery

A

willingness by a prosecutor to open his case files to defense counsel to determine whether a case should go to trial aka Brady exculpatory material

131
Q

Horizontal Overcharging

A

when a prosecutor files a number of related charges or a number of separate counts of the same basic charge

132
Q

Vertical Overcharging

A

charging a single offense at the most serious level possible to maximize the state’s advantage in plea negotiations

133
Q

Parens Patriae Doctrine

A

the doctrine holding that the government, as parent of the country, has standing to act on behalf of a citizen particularly one who is a minor or under a disability

134
Q

Plea Bargaining

A

A bargain struck between the defendant’s lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state’s promise not to prosecute the defendant for a more serious (or additional) crime.

135
Q

Poll the Jury

A

to question each juror individually in open court as to whether he or she agrees with the verdict announced by the jury foreman

136
Q

Pretrial Discovery

A

pre trial phase in a lawsuit in which each party, through the law of civil procedure can obtain evidence from the opposing party by means of discovery devices

137
Q

Interrogatories

A

written questions submitted to the other party to be answered under oath - can be done at a modest cost.

138
Q

Depositions

A

an out-of-court procedure whereby plaintiff, defendant or any witnesses are placed under oath and asked questions by opposing counsel on matters not otherwise privileged and that relate to the pending case. Done in an atty’s office with a stenographer. Not a matter of public record - can be videotaped. Can be expensive

139
Q

Production of Documents

A

production and inspection of documents like contracts, leases. Also, might include a request for a party to undergo an examination by a doctor to substantiate claims of injury

140
Q

Pro Se

A

Acting as one’s own attorney in court. Representing oneself.

141
Q

Res Judicata

A

“The thing has been decided.” A claim cannot be retried between the same parties if it has already been legally resolved.

142
Q

Restorative Justice

A

punishment designed to repair the damage done to the victim and community by an offender’s criminal act

143
Q

Sua Sponte

A

Latin for “of its own accord,” an action by a court without motion by the parties.

144
Q

Supremacy Clause

A

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

145
Q

Tort Lawsuit

A

Civil case to find blame for intentional act or negligence that has harmed another.

146
Q

Verdict Uncertainty

A

verdict that does not have any information about the outcomes

147
Q

Voir Dire

A

to tell the truth

148
Q

Left Over Jury

A

process of juror selection in which the attorneys try to empanel only those favorable to their side and eliminate for cause or peremptory strike all others

149
Q

Law is amoral

A

False

150
Q

Role of the Prof in Case Method of Study

A

to goad and stimulate, ask questions only

151
Q

The case method makes every position respectable

A

False

152
Q

To take a state bar exam, one must graduate from an ABA-accredited law school

A

False

153
Q

Jurisidiction refers to a court’s authority of which of the following
a) geographic area
b) subject matter
c) person(s)
d) all

A

All

154
Q

Federal circut courts of appeal must hear all appropriate cases brought before them

A

True

155
Q

In cases of original jurisdiction before SCOTUS testimony is heard by ____

A

senior district judge

156
Q

Which of the following judicial interpretation view supports the courts usurping the legislative function
a)originalism
b) jud. restraint
c) jud. activism
d) kadi

A

c) jud. activisim

157
Q

Per the text and your prof, the main goal of a legislator/politician is to ____

A

get re-elected

158
Q

The Bill of Rights, when written, was intended to apply to which of the folllowing
a) fed govt only
b) states only
c) fed and state
d)international

A

a) fed govt. only

159
Q

Which of the folllowing legal terms support the conecept that judges generally defer to legisdaltors who are democratically accountable
a) jud. comity
b) gerrymandering
c) subponea duces tecum
d) jud. restriant
e) Constitutal law of privacy

A

d) jud. restriant

160
Q

In order for the court to accept a plea agreement, all defendants must allocute to their participation in and guilt in the pla bargained offense

A

False

161
Q

Judges in all state jurisidictions are encouraged to be actilvey involved in plea agreements

A

False

162
Q

Prosecutors who utilize a more intesive case-screening poplicy drop fewer charges after filing

A

True

163
Q

In order for a court to exercvise jurisdiction over civil litigation, the litigant must have a personal statke in the outcome or controversy. The personal stake is called ____

A

Standing

164
Q

Which of ther folowing criminal due process guarantes are NOT applicable in a civil proceding?
a) apointmnet of consuel
b) 5th A right against self-incrim
c) 6th A right to trail
d) a and b only
e) all are not applicable

A

e) all are not aplicable

165
Q

Civil and criminal trails are conducted in the same manner

A

True

166
Q

Status offenders are typicaly transfered to crim. court

A

False

167
Q

____defendant a. disposition
____indictment b. respondant
____trail c. petition
____verdict d. finding
____sentence e. adjudicatory hearing

A

B
C
E
D
A

Intro to Courts (1 decks)

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