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paralegal studies > herp > Flashcards

herp Flashcards

1
Q

court

A

unit of the judicial branch with authority to decide legal disputes

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2
Q

federal question

A

legal question involving application of the federal law

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3
Q

when is federal law involved?

A
  • us constitution issue
  • federal statute
  • regulations of a federal agency
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4
Q

substantive law

A

law that defines our legal rights & duties

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5
Q

procedural law

A

composed of laws that govern how our legal system operates

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6
Q

civil law

A

deals with harm against an individual

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7
Q

criminal law

A

deals with harm against society as a whole

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8
Q

doctrine of implied powers

A

powers that are not explicitly stated in the constitution but are necessary for congress to carry out its duty

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9
Q

supremacy clause

A
  • clause in article 4 of the us constitution

- constitutional laws override state laws

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10
Q

double jeopardy

A

in criminal law, a defendant cannot be tried for the same crime twice given the same facts

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11
Q

res judicata

A

in civil law, once a civil case has a final judgment and is no longer subject to appeal, it cannot be relitigated by the same parties

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12
Q

plaintiff

A

a person who initiates a civil lawsuit

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13
Q

prosecutor

A

a person representing the government who brings criminal charges and presents the case for criminal trial

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14
Q

defendant

A

in a lawsuit, the person being sued. in criminal cases, the person being charged with a crime

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15
Q

beyond a reasonable doubt

A
  • standard of proof used in criminal trials

- evidence presented must be so conclusive and complete that no reasonable doubts exist regarding the facts

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16
Q

preponderance of evidence

A
  • standard of proof in civil trials

- evidence presented must prove that the defendant more likely than not committed a wrong against the plaintiff

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17
Q

damages

A
  • a remedy in a civil case

- the defendant pays the plaintiff for harm he or she has done

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18
Q

compensatory damages

A

compensation equal to the harm caused

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19
Q

punitive damages

A

compensation greater than harm caused, intended as punishment and a deterrent to others

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20
Q

nominal damages

A

symbolic compensation as little as $1 where the court rules against the defendant but no real harm was done

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21
Q

mens rea

A

bad intent

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22
Q

actus rea

A

bad act

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23
Q

prima facie case

A
  • in criminal law, a presentation of elements of a crime that establishes that there was mens rea and actus rea
  • in civil law, a cause of action that is supported by evidence to justify a verdict in the plaintiff’s favor
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24
Q

affirmative defense

A

a defense where the defendant offers new evidence to avoid judgment. not necessarily a denial of the facts but a denial of liability

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25
sovereign immunity
the government can't be sued without its consent
26
contract
a legally enforceable written or verbal agreement supported by consideration
27
consideration
something of value exchanged to form the basis of a contract
28
tort law
- law that deals with harm to a person or their property | - three types: intentional tort, negligence, and strict liability
29
intentional tort
- type of tort | - damage committed with intent to do the act that creates harm
30
negligence
- type of tort | - failure to act responsibly given the situation
31
contributory negligence
- type of affirmative defense - failure by the plaintiff to act responsibly which resulted in their own injury - typically results in a complete bar from recovering anything from the defendant
32
assumption of risk
- type of affirmative defense | - the plaintiff knowingly and voluntarily subjected themself to danger of harm
33
comparative negligence
- method of comparing culpability between plaintiff and defendant - tends to decrease the compensation for injuries
34
strict liability
liability for injury without showing of fault, i.e. liability even if the plaintiff did not intend harm and acted reasonably
35
court
a unit of the judicial branch of government that has authority to decide legal disputes
36
jurisdiction
the power of a court to hear a case
37
trial courts
- courts that determine the facts and apply the law to those facts. - courts of original jurisdiction - must determine questions of fact & law
38
original jurisdiction
authority of a court to hear a case when it is initiated rather than appealed. contrast appellate court
39
question of fact
question of exactly the circumstances of what took place: who, what, where, when, how
40
question of law
question of how the judge interprets and applies the law
41
appellate court
- courts that determine if the lower courts made an error of interpreting the law - determine questions of law but not questions of fact - relies on trial court's written record for questions of fact - judges reach their decision by majority vote
42
jury trial
a trial where questions of fact are determined by the jury, and questions of law are determined by a judge
43
bench trial
a trial where questions of fact and law are determined by a judge, without a jury
44
appellant/petitioner
the party in a case, plaintiff or defendant, who has initiated appeal
45
appellee / respondent
the party in a case against whom an appeal has been filed, who won in the initial trial
46
harmless error
- appellate court decision | - a trial court error that is not sufficient to warrant reversing the decision
47
affirm
- appellate court decision | - agreement that the trial court decided correctly
48
reverse
- appellate court decision | - a higher court's disagreement with the decision of a lower court
49
remand
appellate court decision to send a case back to trial court for a new trial or other action in case of significant legal error
50
majority opinion
an opinion on a case where the majority of the court joins
51
dissenting opinion
an opinion that disagree's with the majority's decision and reasoning
52
federal court system
- court system that deals with federal law - established by article III of the us constitution - each state establishes its own court system - all systems have trial courts, intermediate appellate courts, and one appellate court of last resort
53
inferior courts
in the federal system, all courts other than the US supreme court
54
us supreme court
- constitutional court that hears appeals from both federal and state courts - hears appeals from state court of last resort and us court of appeals - justices reach decisions by majority vote - court grants most appellate reviews through writ of certiorari
55
us court of appeals / circuit courts
- constitutional court that acts as intermediate appellate courts - judges hear appeal as a panel - decision reached by majority vote
56
us district courts
- constitutional court that acts as a general jurisdiction trial court - considered courts of general jurisdiction
57
subpoena
a court order requiring a person to appear to testify at a trial or deposition
58
en banc
when an appellate court that normally sits in panels sits in as a whole
59
writ of certiorari
- means of gaining appellate review - party seeking review of a lower court decision petitions the court to order the lower court to send a certified record of the case to the higher court - us supreme court can choose to take the case or issue it to another court if four of the nine justices vote to hear the case
60
state court system
- cases begin in trial court - appeals proceed to intermediate then state's highest appellate court - cases involving federal issues may be sent to US supreme court
61
exclusive jurisdiction
when only one court has the power to hear a case
62
concurrent jurisdiction
when more than one court has the power to hear a case
63
general jurisdiction
a court's power to hear any type of case arising within its geographical area
64
limited jurisdiction
a court's power to hear only specialized cases e.g. traffic court
65
federal question jurisdiction
the power of federal courts to hear matters of federal law
66
when does state law vs federal law apply?
state law: generally anything states deem to be in their citizen's best interests unless preempted by federal law federal law: restricted to issues arising from US constitution, congressional statutes, or agency regulations
67
diversity of citizenship
a situation where the opposing parties are from different states and the amount in controversy exceeds $75k
68
diversity jurisdiction
the power of federal courts to hear matters of state law in the case of diversity of citizenship i.e. two parties are from two different states and damages exceed $75k

paralegal studies (3 decks)

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