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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
Q

sovereign immunity

A

the government can’t be sued without its consent

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26
Q

contract

A

a legally enforceable written or verbal agreement supported by consideration

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27
Q

consideration

A

something of value exchanged to form the basis of a contract

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28
Q

tort law

A
  • law that deals with harm to a person or their property

- three types: intentional tort, negligence, and strict liability

29
Q

intentional tort

A
  • type of tort

- damage committed with intent to do the act that creates harm

30
Q

negligence

A
  • type of tort

- failure to act responsibly given the situation

31
Q

contributory negligence

A
  • 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
Q

assumption of risk

A
  • type of affirmative defense

- the plaintiff knowingly and voluntarily subjected themself to danger of harm

33
Q

comparative negligence

A
  • method of comparing culpability between plaintiff and defendant
  • tends to decrease the compensation for injuries
34
Q

strict liability

A

liability for injury without showing of fault, i.e. liability even if the plaintiff did not intend harm and acted reasonably

35
Q

court

A

a unit of the judicial branch of government that has authority to decide legal disputes

36
Q

jurisdiction

A

the power of a court to hear a case

37
Q

trial courts

A
  • courts that determine the facts and apply the law to those facts.
  • courts of original jurisdiction
  • must determine questions of fact & law
38
Q

original jurisdiction

A

authority of a court to hear a case when it is initiated rather than appealed. contrast appellate court

39
Q

question of fact

A

question of exactly the circumstances of what took place: who, what, where, when, how

40
Q

question of law

A

question of how the judge interprets and applies the law

41
Q

appellate court

A
  • 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
Q

jury trial

A

a trial where questions of fact are determined by the jury, and questions of law are determined by a judge

43
Q

bench trial

A

a trial where questions of fact and law are determined by a judge, without a jury

44
Q

appellant/petitioner

A

the party in a case, plaintiff or defendant, who has initiated appeal

45
Q

appellee / respondent

A

the party in a case against whom an appeal has been filed, who won in the initial trial

46
Q

harmless error

A
  • appellate court decision

- a trial court error that is not sufficient to warrant reversing the decision

47
Q

affirm

A
  • appellate court decision

- agreement that the trial court decided correctly

48
Q

reverse

A
  • appellate court decision

- a higher court’s disagreement with the decision of a lower court

49
Q

remand

A

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
Q

majority opinion

A

an opinion on a case where the majority of the court joins

51
Q

dissenting opinion

A

an opinion that disagree’s with the majority’s decision and reasoning

52
Q

federal court system

A
  • 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
Q

inferior courts

A

in the federal system, all courts other than the US supreme court

54
Q

us supreme court

A
  • 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
Q

us court of appeals / circuit courts

A
  • constitutional court that acts as intermediate appellate courts
  • judges hear appeal as a panel
  • decision reached by majority vote
56
Q

us district courts

A
  • constitutional court that acts as a general jurisdiction trial court
  • considered courts of general jurisdiction
57
Q

subpoena

A

a court order requiring a person to appear to testify at a trial or deposition

58
Q

en banc

A

when an appellate court that normally sits in panels sits in as a whole

59
Q

writ of certiorari

A
  • 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
Q

state court system

A
  • 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
Q

exclusive jurisdiction

A

when only one court has the power to hear a case

62
Q

concurrent jurisdiction

A

when more than one court has the power to hear a case

63
Q

general jurisdiction

A

a court’s power to hear any type of case arising within its geographical area

64
Q

limited jurisdiction

A

a court’s power to hear only specialized cases e.g. traffic court

65
Q

federal question jurisdiction

A

the power of federal courts to hear matters of federal law

66
Q

when does state law vs federal law apply?

A

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
Q

diversity of citizenship

A

a situation where the opposing parties are from different states and the amount in controversy exceeds $75k

68
Q

diversity jurisdiction

A

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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