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Intro To Law > Final Exam > Flashcards

Final Exam Flashcards

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1
Q

Judges determine

A

what is amicable

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2
Q

Appeal to US Supreme Court

A

writ of associarity

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3
Q

SC does not have the ability to

A

bring cases to them

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4
Q

SC Appeal Process

A

Discussion list –> Rule of 4

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5
Q

SC may want to hear a case if

A
  • large social issue
  • final say
  • no political issues or war
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6
Q

Information Gathering

A

stage before trial where all facts are discovered (through briefs)

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7
Q

Amicus Briefs

A

Lawyers outside the case submit a brief to assist on the case

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8
Q

Decision Making

A
  • long uninterrupted soliloquies in order of seniority
  • head count of sides
  • drafting of decision
  • approval by 5 justices
  • concurrent/ dissenting opinions
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9
Q

Plurality Opinion

A

not all justices agree on the legal reasoning but agree on the outcome

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10
Q

Gideon v Wainright

A

states must supply lawyer for felony cases

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11
Q

Argrsinger v Hamlin

A

extended Gideon to any cases where the defendant may go to jail

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12
Q

Most crimes are not reported if

A
  • criminals doing business with other criminals
  • no trust in the system
  • do not get caught (no trust in the system)
  • embarrassed
  • between family members
  • minor crimes
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13
Q

low charge rate because of

A

youthful offenders, lack of evidence or unreliable witnesses

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14
Q

Preliminary hearing

A

determine if there is enough evidence for trial

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15
Q

Jury for preliminary hearing

A

23 members, 3 months, indictment, secret

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16
Q

Trial jury

A

6-12 members, length of trial, discover guilt, public

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17
Q

Bail

A

guarantee attendance to trial

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18
Q

Types of bail

A

secured bail, unsecured bail, released on your own reconesense

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19
Q

Plea bargaining

A

pleading guilty to a lesser crime

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20
Q

Reasons to plea for defendant

A

lesser sentence or saving money

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21
Q

Reasons why lawyers want pleas

A

speeds cases, lightens load, more money, and counts as conviction, system could not handle all cases going to trial

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22
Q

Criticisms of plea bargaining

A
  • judges no longer involved
  • elected officials no longer in control of sentence length
  • may push people to plead guilty (not supported by Alaska example)
23
Q

Exclusionary Rule

A

Evidence obtained illegally can not be used in trial

  • fruit of the poison tree
  • protect citizens
  • keep police honest
  • criminals go free
24
Q

McNotten rule (insanity test)

A

person is not responsible for criminal conduct if at the time they did not know the nature of what they were doing or did not know what they were doing was wrong because of mental disease or defect

25
Q

Insanity defense outcomes

A

no longer subject to death penalty

no set release date

26
Q

1940-1970s sentencing

A

rehabilitation, variety in prison terms, did not work

27
Q

1970’s to present sentencing

A

mandatory minimum and three strikes

28
Q

Sentencing Reform Act

A

criteria for sentence and manual to guide judges

29
Q

US v Booker

A

made sentence guidelines advisory not mandatory

30
Q

Process of a lawsuit

A

harm–> complaint—> notice served—> counter claim (optional) —> discovery —> per-trial motions and conferences

31
Q

Depositions

A

oral statements under oath given during discovery

32
Q

Interrogatories

A

written questions and answers under oath given during discovery

33
Q

Arbitration

A

both partners come and present in front of third party any decisions made are final

34
Q

Mediation

A

council brings parties to a common ground

35
Q

Four factors that influence judges

A
  1. Social norms
  2. What the law says and precedent
  3. Judges own views
  4. legislation, constitution, executive orders and regulations
36
Q

How to determine statute meaning

A

examine statute, look at legislative history

37
Q

Legislative history, criticism and example

A
  • testimony, notes and statements
  • only one persons view
  • federalist papers
38
Q

Four reasons to follow precedent

A
  1. Predictability
  2. Reliance
  3. Equality
  4. Efficiency
39
Q

Five ways courts make policy changes

A
  1. Judicial Review
  2. Remedial Policy Making
  3. Statutory Interpretation
  4. Oversight and Administrative Activity
  5. Common Law
40
Q

Judicial Review

A

only applicable to government actions, court gave themselves power of judicial review through Marbury v Madison

41
Q

Remedial Policy Making

A

settle dispute between two people and make policy

42
Q

Statutory Interpretation

A

courts interpreting statute because of vagueness or other issues

43
Q

Oversight and Administrative Activity

A

Provisions that have bureaucracy fill in the blank

44
Q

Common Law

A

fill in the gaps where there is no statutory law

45
Q

Five Criticisms of the court as policy makers

A
  1. timeliness
  2. not enough information
  3. unelected
  4. lack of flexibility
  5. can not monitor
46
Q

Brown v Board

A

constitutionality of segregated schools

  • responding to plessy v furguson
  • challenging to show in elementary school
47
Q

Reasons why Brown went to court

A
  1. Southern legislature would not vote against segregation
  2. seniority system (southerners in charge of house)
  3. court was left
48
Q

Brown removed

A

forced segregation (children go to schools in heir own neighborhood)

49
Q

To some Brown decision had little effect, what did?

A
  • Civil Rights Act
  • Primary and Secondary Education Act
  • Health and Welfare Committee
50
Q

Mid 60’s began

A

active integration (busing)

51
Q

Court did effect segregation because

A
  1. yearly doubling of desegregated schools
  2. lifted language from court cases
  3. superintendents attributed desegregation to court
52
Q

De jure

A

by the law

53
Q

De facto

A

in actuality, by fact

Intro To Law (2 decks)

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