lecture 1 Flashcards

1
Q

How many constitutions are there in the United States?

A

51

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2
Q

What is the function of the case caption?

A

lets you know some legal action is taking place

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3
Q

what does pi v. delta stand for?

A

plaintiff versus defendant

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4
Q

What is the defendant

A

Person who allegedly committed an unlawful act, responds to the complaint

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5
Q

what is the plaintiff

A

person with the burden of proof, files the complaint (complaintiff)

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6
Q

what kind of case does smith v. jones stand for?

A

civil, seeking money

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7
Q

what kind of case does Comm. of PA v. Jones stand for?

A

criminal, state seeking jail time

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8
Q

What kind of case does United States of America v. Jones stand for?

A

criminal, country seeking jail

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9
Q

What kind of legal system does the U.S. have?

A

adversarial system

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10
Q

Why does the U.S. have an adversarial system?

A

to protect fairness (5th and 14th due process), searching for the truth (def. always knows what charged with)

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11
Q

what is the declaration of independence

A

declared freedom of united states from great britain

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12
Q

What does article mean

A

part of the original constitution

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13
Q

what does amendment mean

A

added on to the constitution later

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14
Q

What does article 3 dictate

A

judicial branch

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15
Q

what does article 6 dictate

A

supremacy clause (supreme law of the land)

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16
Q

what is the bill of rights

A

first 10 amendments, gives individual rights

17
Q

what is the 4th amendment

A

unlawful search and seizure

18
Q

what is the 8th amendment

A

cruel and unusual punishment

19
Q

what is the 6th amendment

A

right to a fair trial

20
Q

what can be lost in a civil case

A

only money

21
Q

what can be lost in a criminal case

A

liberty and freedom

22
Q

Which is easier to prove, civil or criminal?

A

civil

23
Q

What constitution is the ultimate law

A

the United states constitution

24
Q

In the house analogy, what is the role of the united states and the state constitutions

A

united states constitution is the foundation (cannot take away from it)
state constitutions are the ceiling (can only add more protections to it)

25
Q

what does criminal justice equal

A

criminal fairness

26
Q

what does jurisdiction mean

A

authority to act

27
Q

What are the 3 sources of law?

A

Constitution
Legislative statutes and ordinances
Case law