Law and politics Final

Question 1

Trial courts of limited jurisdiction

Answer 1

courts handling minor cases like traffic violations or small claims

Question 2

Trial courts of General Jurisdiction

Answer 2

courts handling serious criminal offenses and major civil cases

Question 3

Intermediate Appellate Courts

Answer 3

courts reviewing cases from trial courts to ensure proper application of law

Question 4

courts of last resort

Answer 4

highest state courts, often called state supreme courts, final arbiters of state law

Question 5

Norm enforcement

Answer 5

Process where courts uphold societal rules and legal norms through case decision

Question 6

Courtroom work group (opposite of adversarial system)

Answer 6

Team of professionals including judges (ref), clerks, and attorneys managing daily court operations

Question 7

Selection Methods

Answer 7

Partisan/nonpartisan elections, merit selection, appointments

Question 8

Partisan selection

Answer 8

Judges elected with party affiliations appearing on the ballot

Question 9

Non partisan selection

Answer 9

Judges are selected without party labels

Question 10

Gubernatorial Appointment

Answer 10

The government appoints judges directly, often subject to legislative confirmation

Question 11

Legislative Appointment

Answer 11

legislators select judges

Question 12

Merit Selection

Answer 12

nonpartisan commission reviews candidates and recommends a shortlist to the governor, governor and or board of professional appoints a judge with candidates facing retention→each state does it a diff way

Question 13

How do all the types of judge selection vary?

Answer 13

By state

Question 14

Conventional Crime

Answer 14

theft, assault, violent crime

Question 15

Economic Crime

Answer 15

fraud, embezzlement

Question 16

Organized Crime

Answer 16

Mafia

Question 17

Political Crime

Answer 17

Mafia

Question 18

Consensual Crime

Answer 18

Gambling, Prostitution

Question 19

Actus Reus(Action)

Answer 19

The physical act of committing a crime

Question 20

Mens Rea(Intent)

Answer 20

The mental state or intent behind the crime

Question 21

Causation

Answer 21

A link between the action and the resulting crime

Question 22

What does intent dictate when committing a crime?

Answer 22

The severity of punishment–> premeditation has a very severe punishment

Question 23

Criminal Trial Phases

Answer 23

-Jury Selection: Ensure Impartiality
-Opening Statements: Each side outlines their case to the Jury
-Presentation of Evidence: Prosection and define present their cases through witnesses and exhibits
-Closing ArgumentsL Summarize the case and attempt to persuade the jury
-Jury Instructions: judge explains the legal standards the jury must apply
-Verdict: Jury Determines guilt or innocence

Question 24

Contract Law

Answer 24

agreements between two parties

Question 25

Property Law

Answer 25

deals with ownership and use of property

Question 26

Family Law

Answer 26

matters like divorce, custody, and adoption

Question 27

Tort law(civil wrong)

Answer 27

involves claims or harm or injury caused by another party

Question 28

Law of Succession

Answer 28

Wills and Inheritence

Question 29

Burden of Proof in Criminal Cases

Answer 29

government

Question 30

Penalties of Criminal Cases

Answer 30

Death, Imprisonment, Fine

Question 31

Standard of Proof in Criminal Cases

Answer 31

beyond reasonable doubt, 100% did it

Question 32

Do you talk in criminal cases

Answer 32

NO, PLEAD THE 5th, attorney talks

Question 33

Burden of proof civil cases

Answer 33

Plaintiff

Question 34

Penalty in civil cases

Answer 34

Compenstation

Question 35

Standard of Proof in civil cases

Answer 35

Beyond a preponderance of evidence, more like than not (51%)
-If you are the person being sued, you will be deposed: Required to talk

Question 36

Civil cases -Pre trial

Answer 36

-Summoning
-Motions: Ex. Motion to dismiss
-Answer
Discovery: Disposition, Interrogatories (written depositions), documents
-Pretrial Conference

Question 37

Settlement

Answer 37

-Not an admission of guilt
-Risk v. Reward process of whether a trial is worth it