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LEGL 2700 > LEGL 2700 Chapter 1 > Flashcards

LEGL 2700 Chapter 1 Flashcards

1
Q

what is law?

A

rules established by the state and backed up by enforcement

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2
Q

what is Rule of Law?

A

the principle whereby all members of a society are considered equally subject to publicly disposed legal codes and processes

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3
Q

what is the US ranked on the World Justice Project?

A

27

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4
Q

What country is last on the World Justice Project?

A

Venezuela

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5
Q

what is the common law system?

A

Strong emphasis on judges’ interpretation and application of laws

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6
Q

what are the pros of the common law system?

A

can be concise and stare decisis

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7
Q

define stare decisis

A

let the decision stand

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8
Q

what are the cons of the common law system?

A

volume of cases
conflicting precedents

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9
Q

what is the civil law system?

A

focuses on legislation and judges do not make law and are not bound by precedent

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10
Q

what US state uses the civil law system?

A

Louisiana

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11
Q

what is public law?

A

regulation of society

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12
Q

what laws are under public law?

A

constitutional, administrative, and criminal law

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13
Q

what is constitutional law?

A

involves the interpretation and application of either the federal or state constitutions

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14
Q

what is administrative law?

A

covers the legal principles that apply to government agencies, bureaus, and commissions

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15
Q

what is criminal law?

A

specifies various offenses against the proper order of the state

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16
Q

what is private law?

A

regulation of private resources

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17
Q

what laws are under private law?

A

property, contract and tort law

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18
Q

what is property law?

A

involves the recognition of an exclusive right in both tangible and intangible resources

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19
Q

what is contract law?

A

covers the enforcement of promises to exchange resources

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20
Q

what is tort law?

A

establishes rule of compensation when a person’s legal boundaries are wrongfully crossed by another

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21
Q

what is substantive law?

A

the time allowed for one party to sue another and the rules of law governing the process of lawsuit

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22
Q

what is procedural law?

A

the method and means by which substantive law is made and administered

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23
Q

what is at the top of the hierarchy of law?

A

US constitution

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24
Q

what is at the bottom of the hierarchy of law?

A

local ordinances

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25
Q

define opinions

A

written decisions of judges

26
Q

define precedent

A

a prior judicial decision relied upon as an example of a rule of law

27
Q

define jurisdiction

A

the power of the court to hear a case

28
Q

define subject matter jurisdiction

A

the power over the issues involved in the case

29
Q

what are some limited jurisdiction courts?

A

Probates, wills and family court

30
Q

what do judges at trial courts do?

A

determine the rules of law for case and what evidence is admissible

31
Q

what do judges decide at appeals courts?

A

the appeals and provide reasons for their decisions

32
Q

what do judges do a bench trials?

A

find the facts since there is no jury

33
Q

what amendments guarantee trial by jury?

A

6th and 7th

34
Q

what is a petit jury?

A

trial jury that returns a verdict in criminal and civil trials

35
Q

how many people do petit jury’s consists of historically?

A

12

36
Q

what must a party be granted before the Supreme Court will hear the case?

A

writ of certiorari

37
Q

how many times do you have the right to appeal?

A

one

38
Q

what is the effect of the Supreme Court refusing to hear a case?

A

Court of Appeals decision stands

39
Q

can you appeal if you lose district courts?

A

yes

40
Q

define judicial review

A

the power of the courts to review laws passed by the legislative body to declare them unconstitutional

41
Q

what case established judicial review?

A

Marbury v Madison (1803)

42
Q

define judicial restraint

A

allow political process and not the courts to correct society’s ills

43
Q

define judicial activism

A

believes that the political process cannot adequately handle society’s difficult issues

44
Q

what is an example of judicial activism ?

A

Brown v Board of Education (1954)

45
Q

what is the difference between a petit jury and a grand jury?

A

A grand jury is 23 people and they decide in a criminal prosecution whether to indict a person in crime, a petit jury is the actual trial

46
Q

what did article III of the constitution establish?

A

the federal judiciary

47
Q

what do federal courts have subject matter jurisdiction over?

A

questions of federal law
the United States as a party
controversies among states
cases with diversity of citizenship

48
Q

how much must the claim of cases with diversity of citizenship be?

A

$75,000

49
Q

what is the United States v Windsor (2013) about?

A

held that the Defense of Marriage Act was a violation of the Due Process Clause of the 5th amendment

50
Q

Why was the Defense of Marriage Act challenged?

A

because a widow was denied an estate tax benefit since it was not available to same sex spouses

51
Q

what is Citizens v Fed. Election Comm’n (2010) about?

A

an act that prohibited corporations from making independent expenditures for electioneering communications was struck down as a violation of the first amendment

52
Q

define majority opinion

A

written reasoning for the conclusion reached by the majority

53
Q

true or false: the majority opinion is binding precedent on lower courts

A

true

54
Q

define concurring opinion

A

agrees with the majority but for different reasons

55
Q

is the concurring opinion binding?

A

no but can be influential

56
Q

define plurality opinion

A

concurring opinion joined by the greatest number of judges when no majority opinion is reached

57
Q

is the plurality opinion binding?

A

no, but can be influential

58
Q

define dissenting opinion

A

disagrees with the conclusion of the majority

59
Q

is the dissenting opinion binding?

A

no, but can be influential

60
Q

Devin plans to sue Tom for the injuries he suffered when Tom crashed into the back of his car. Where would he file his lawsuit?

A

He would file the lawsuit at the trial court level since tort law is a state law

61
Q

Greg sues his employer, Home Depot, for employment discrimination under the Federal Equal Employment Opportunity Act in Georgia state court. Home Depot files a motion to have the case removed to federal court. Should the judge grant the motion?

A

No because when you have a federal question, citizenship stuff does not matter

62
Q

what is the order of the federal courts?

A

district courts —> federal court of appeals —> Supreme Court

LEGL 2700 (18 decks)

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