lecture 1 Flashcards
How many constitutions are there in the United States?
51
What is the function of the case caption?
lets you know some legal action is taking place
what does pi v. delta stand for?
plaintiff versus defendant
What is the defendant
Person who allegedly committed an unlawful act, responds to the complaint
what is the plaintiff
person with the burden of proof, files the complaint (complaintiff)
what kind of case does smith v. jones stand for?
civil, seeking money
what kind of case does Comm. of PA v. Jones stand for?
criminal, state seeking jail time
What kind of case does United States of America v. Jones stand for?
criminal, country seeking jail
What kind of legal system does the U.S. have?
adversarial system
Why does the U.S. have an adversarial system?
to protect fairness (5th and 14th due process), searching for the truth (def. always knows what charged with)
what is the declaration of independence
declared freedom of united states from great britain
What does article mean
part of the original constitution
what does amendment mean
added on to the constitution later
What does article 3 dictate
judicial branch
what does article 6 dictate
supremacy clause (supreme law of the land)
what is the bill of rights
first 10 amendments, gives individual rights
what is the 4th amendment
unlawful search and seizure
what is the 8th amendment
cruel and unusual punishment
what is the 6th amendment
right to a fair trial
what can be lost in a civil case
only money
what can be lost in a criminal case
liberty and freedom
Which is easier to prove, civil or criminal?
civil
What constitution is the ultimate law
the United states constitution
In the house analogy, what is the role of the united states and the state constitutions
united states constitution is the foundation (cannot take away from it)
state constitutions are the ceiling (can only add more protections to it)
