lecture 2 Flashcards
Fourth Amendment
“the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…”
Stare Decisis
“To stand by that which have been decided”
Courts depend on previous decisions, rulings, and opinions from prior cases to provide predictability
Vacated
the court has voided a lower court ruling
Affirmed
the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court
Remanded
sent back down to the lower court
- Removed - move a case to another jurisdiction (federal court)
Diversity - two parties are from a different state
Common law
body of law based on court decisions rather than codes or statutes
Evolved in england
Summary judgment
court decides no jury can come to any conclusion after what the judge decides
Certiorari
the supreme court agreed to hear it
- This is a request that the Supreme Court order a lower court to send up the record of the case for review.
Burden of proof
party seeking to prove a fact in court that must satisfy to have the fact legally established. (lies with the group that is bringing it )
In criminal case, the burden of proof is on the level of guilty or a reasonable doubt
In civil case, the burden of proof is on the level of the person filing the suit
Federal
district courts (trial courts)
Divided into 94 districts (depending on population)
TN has 3 districts & 6 circuit courts
Combined and grouped into 13 circuit courts
Federal supreme court is not bound by the state supreme court unless it is constitutional
State
bound by the supreme court
appellate courts
Supreme court of TN
Tort
civil case that is brought when there is an injury
Phoebus levene
identified that DNA consisted f nucleic acids linked by ribose sugar in the order of sugar- phosphate
assumed they were all equal but was wrong
oswald Avery
discovers that DNA makes up genes and chromosomes
DNA enters forensic world
seems found on dead body of Lynda Mann