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Legal Systems > Final 2024 > Flashcards

Final 2024 Flashcards

1
Q

Interrogation

A

police use if to elicit a response

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2
Q

Jail

A

-under local jurisdiction
-where detainees await trial or sentencing
-where you serve short sentences

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3
Q

Prison

A

-under federal jurisdiction
-long term institution
-houses people convicted of a crime
-sentence is more than 1 year and is upstate

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4
Q

Class A felony

A

life or death sentence

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5
Q

Class B felony

A

25 years or more

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6
Q

Class C felony

A

less than 25 years, but more than 10 years

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7
Q

Class D felony

A

less than 10 years, but more than 1 year

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8
Q

Examples of a felony

A

-aggravated assault
-domestic violence
-murder
-kidnapping
-arson

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9
Q

Felony

A

-larger crime
-usually violent

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10
Q

Class A misdemeanor

A

1 year or less, but more than 6 months

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11
Q

Class B misdemeanor

A

6 months or less, but more than 30 days

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12
Q

Class C misdemeanor

A

30 days or less, but more than 5 days

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13
Q

Examples of a misdemeanor

A

-shoplifting
-possession
-prostitution
-vandalism
-traffic violations
-tresspassing
-petty theft

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14
Q

Misdemeanor

A

typically non-violent crime

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15
Q

What kind of cases does the grand jury hear?

A

only criminal cases

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16
Q

What does a grand jury determine?

A

-NOT guilty or not guilty
-determines whether there is probable cause that a citizen committed a crime
-If probable cause exists the grand jury will return with an indictment

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17
Q

How many jurors on a grand jury?

A

-16-23 jurors
-they consider multiple cases over the course of their service

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18
Q

Are grand jury proceedings public or private?

A

private

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19
Q

What kind of cases does a jury hear?

A

both criminal and civil cases

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20
Q

What does a jury determine?

A

-guilty or not guilty for criminal cases
-in favor or not in favor of the plaintiff/defendant for civil cases
-listens to evidence and returns with a verdict

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21
Q

How many jurors on a jury?

A

-6-12 jurors
-only hear maximum of 1 case during their service

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22
Q

Are jury proceedings public or private?

A

public, but jury deliberations are private

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23
Q

When is a grand jury used?

A

When a person is charged with a felony (unless the defendant waives this requirement)

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24
Q

Arrest

A

authority restrains or seizes someone in connection to a crime

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25
Q

Custodial interrogation

A

-being interrogated while in police custody
-not free to leave
-Miranda Rights are triggered
-police question suspect with an aim of obtaining a confession
-statement must be voluntary in order to be admissible

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26
Q

Custody

A

been arrested and cannot be released until tried in court

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27
Q

Exculpatory evidence

A

evidence that invalidates his guilt completely

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28
Q

What are the 2 types of warrants?

A
  1. Search warrant
  2. Arrest warrant
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29
Q

What do you need in order to issue an arrest or a search warrant?

A
  1. judge has to sign off on it
  2. the evidence supports the belief
  3. probable cause
  4. the suspect is a probable culprit
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30
Q

What is an arrest warrant?

A

a document issued by a judge that authorizes the police to take someone accused of a crime into custody

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31
Q

What is a search warrant?

A

a court order allowing a police officer to conduct a search of a designated premises

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32
Q

Is ignorance of the law an excuse for violating it?

A

-no
-if that were accepted any criminal could claim this and avoid the consequences

33
Q

“Stop” & “Frisk”

A

-the requirement that police officers have probable cause to arrest makes it difficult for them to investigate.
-police can “stop” someone if there is reasonable suspicion
-police can “frisk” (search) someone for weapons in the appropriate circumstances

34
Q

Arraignment

A

-when a defendant goes before a judge and is told what their charges are
-bail gets set
-plead guilty or not guilty

35
Q

Bail

A

-judge has this option
-requires the defendant to put up a certain amount of money to make sure he comes back to court (instead of sitting in jail)
-if you do not return to court you forfeit the money
-this is not an option for people charged with a capital offense

36
Q

Exclusionary rule

A

prevents the use of evidence that was obtained illegally

37
Q

Indictment

A

A formal charge or accusation of a serious crime

38
Q

Enabling Act

A

legislatures establish an administrative agency by enacting a the “Enabling Act”

39
Q

What are the 3 parts of the Enabling Act?

SFO

A
  1. the agency structure
  2. define the agency’s functions and powers
  3. establish operational standards and guidelines for the agency
40
Q

What would be the legal conclusions if an administrative agency were judicially reversed?

A

-arbitrariness/capriciousness (no reason)
-an abuse of discretion (showing bias)
-denial of due process

41
Q

ERIA

What are the 4 main functions of administrative agencies?

A
  1. rulemaking
  2. investigation
  3. enforcement
  4. adjudication
42
Q

SIP

Explain the “rulemaking” function of an administrative agency

A

-substantive rules (have to let the public vote on it)
-interpretive rules
-procedural rules (what amount of fees does my restaurant need to pay?)

43
Q

Explain the “investigation” function of an administrative agency

A

-allows agencies to gather facts
-ex. department of health can come to your restaurant anytime

44
Q

Explain the “enforcement” function of an administrative agency

A

Ex. if the EPA goes to your power plant and sees you dumping toxins in the lake

45
Q

Explain the “adjudication” function of an administrative agency

A

-due process requirements apply
-Administrative Law Judges (ALJ)
-ex. the restaurant owner can appeal if you decide to shut his place down

46
Q

What are the 2 agency types?

A
  1. regulatory- makes the rules
  2. social- social welfare
47
Q

Examples of a regulatory agency

A

EPA, IRS, copyright & trademarks

48
Q

Examples of a social agency

A

veterans admin, social security, medicine

49
Q

Examples of federal agencies

A

FBI, TSA, NASA

50
Q

Examples of state agencies

A

NY State Department of Education, Department of Environmental Protection

51
Q

Examples of local agencies

A

zoning boards

52
Q

Why do we have administrative agencies? What role do they play in our legal system?

A

-ex. food labeling, approving a drug
-they bring real experts to the issue at hand

53
Q

What does ADR mean?

A

Alternative
Dispute
Resolution

54
Q

Arbitration

A

-confidential
-panel appointed
-makes final decision in favor of 1 of the parties
-generally decision in binding
-more formal than mediation, but less formal than litigation in court
-you decide whats in the contract
-cannot appeal

55
Q

Mediation

A

-confidential
-nothing said can be used in court
-uses neutral 3rd party to act as a facilitator
-informal process, does not follow court rules
-generally non-binding
-success depends on the courts ability to reach an agreement
-often a retired judge or an experienced lawyer

56
Q

Ethical obligation

A

attorneys have to tell their clients any and all settlement offers made by the other party, even if the attorney thinks it is a ridiculous offer

57
Q

Arbitration contract

A

-you decide what’s in the contract
-may contain provisions saying that any issue must be resolved through arbitration- meaning no filing a civil lawsuit in court

58
Q

What are the 2 methods of ADR

A
  1. arbitration
  2. mediation
59
Q

Arbitrator award

A

arbitrators final decision

60
Q

What are the ADVANTAGES of resolving disputes through arbitration or mediation as compared to litigation in court?

A

-cheaper
-confidential
-parties choose arbitrator or mediator
-mediations are voluntary

61
Q

What are the DISADVANTAGES of resolving disputes through arbitration or mediation as compared to litigation in court?

A

-confidentiality
-limited discovery
-very hard to appeal arbitrator’s decision - arbitrator award

62
Q

What does GDPR mean?

A

General
Data
Protection
Regulation

63
Q

What do all states have regarding data privacy?

A

Data Breach Notification Laws

64
Q

Examples of federal data privacy statutes (apply to all states)

A

-HIPAA
-COPPA
-Video Privacy Protection Act
-Electronic Communications Protection Act

65
Q

Examples of privacy statutes by state

A

-Michigan: Preservation of Personal Privacy Act -PPPA
-Illinois: Biometric Privacy Information Act -BPI
-New York: Cyber security Requirements for Financial Services Companies -CRFSC

66
Q

Explain “agreements” and “disclosures” regarding data privacy

A

-for the most part it is a matter of contract
-need valid consent
-once you press agree companies can do whatever they want with your data

67
Q

What are class actions and why do they exist?

A

-one or a few people bring a civil lawsuit on behalf of himself and all those in a similar situation
-if a legal claim is too small you can bring it on behalf of a larger group

68
Q

What are the 4 characteristics needed to file a class action lawsuit?

CANT

A
  1. commonality
  2. adequacy
  3. numerosity
  4. typicality
69
Q

Explain “commonality” for class action lawsuits

A

must be 1 or more legal or factual common to the entire class

70
Q

Explain “adequacy” for class action lawsuits

A

the representative of the party or parties must adequate protect the interest of the class

71
Q

Explain “numerosity” for class action lawsuits

A

the class must be so large as to make individual suits impractical

72
Q

Explain “typicality” for class action lawsuits

A

the claims or defenses must be typical to the plaintiffs or the defendants

73
Q

What is the New York Get law?

A

allows courts to withhold a civil divorce from a husband if he refuses to grant his wife a Jewish divorce

74
Q

What is a healthcare proxy?

A

allows you to designate another person as your agent to make healthcare decisions on your behalf

75
Q

What is a will?

A

legal document that describes how you would like your property and other assets distributed after death

76
Q

What is a living will?

A

a legal document that outlines your preference for medical care if you become incapacitated

77
Q

What is general power of attorney

A

a legal document that grants an agent authority to make decisions on your behalf

78
Q

What is limited power of attorney?

A

delegates decision making power for only the specific provisions that you outlined

79
Q

What is durable power of attorney?

A

-remains effective when you are incapacitated or incompetent
-can take effect before hand if specified in your power of attorney document

Legal Systems (1 decks)

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