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LS: exam 2 Flashcards

1
Q

how do common law and civil code evolve differently?

A

common law evolves over time; civil code gets updated in fits and starts

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2
Q

the power to legislate is under

A

the constitution

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3
Q

what powers a body has to legislate is determined by

A

the Supreme Court

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4
Q

Where federal government has clear authority

A

they win

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5
Q

when states have delegated or reserved authority

A

they win

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6
Q

basic hierarchy exists between

A

states and local governments

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7
Q

when there is a controversy

A

a court decides

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8
Q

to declare what the law shall be

A

is a legislative power

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9
Q

to declare what the law is

A

is a judicial power

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10
Q

to declare how the law will be implemented

A

is an executive power

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11
Q

ex-post facto law

A

penalizes a party for taking actions that may be illegal today but was not illegal at the time the act was committed

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12
Q

bill of attainder

A

piece of legislation that declares a party is guilty of a crime

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13
Q

stare decisis

A

the bias to follow precedent from higher level courts

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14
Q

holding

A

court’s decision on a matter of civil procedure

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15
Q

dictum

A

any statement or opinion made by a judge that’s not required as part of the legal reasoning to make a judgment in the case

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16
Q

impeachment of testimony

A

discrediting/undermining the credibility of a witness by presenting evidence and asking questions that shows there is inconsistency, bias, or even a lie

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17
Q

state v butler

A

discussed how a defendant could be impeached by use of prior inconsistent statements

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18
Q

retroactive effect

A

Applies things backwards. In Dempsey v. Allstate the court finds sometimes retroactive application is so disruptive that Courts only apply things prospectively.

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19
Q

prospective effect

A

applies to future events

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20
Q

res judicata

A

already decided

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21
Q

statute of limitations

A

limits bringing in certain kinds of legal actions

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22
Q

what happens in a common law system when there is no precedent

A

This is known as a “case of first impression” and judges are required to make a decision on the issue even though there is no precedent binding on the case

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23
Q

Strunk v Strunk

A

Does a court of equity have the power to permit a kidney to be removed from an incompetent ward of the state upon petition of his committee, who is also his mother, for the purpose of being transplanted into the body of his brother, who is dying of a fatal kidney …

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24
Q

restitution

A

giving something back to someone that was lost or stolen; or paying for the expenses of the loss

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25
award damages
to order one party in a dispute to compensate another party for a loss or injury
26
common law remedies
compensatory, punitive, nominal, liquidated, replevin, ejectment
27
equitable remedies
specific performance, recission, reformation, injunction
28
blocks
1. is there a case or controversy 2. is the case ripe
29
Jeffrey lee Chane v Lynn hales Chane
the Court held the appeal of a district court's decision to return a child to his country of residence is not precluded by the child's departure from the United States.
30
laches
can limit access to equitable remedies
31
clean hands doctrine
person coming to court with a lawsuit or petition for a court order must be free from unfair conduct
32
claim preclusion (res judicata)
prevents a party from re-litigating a claim once a court has issued a final judgment on that claim
32
do the parties have standing?
aka: do they have legal sufficient personal interest
33
immunity
keeps someone from being able to sue you
34
who is the most immune?
the government and the law
35
sovereign immunity
the fact that the government cannot be sued without its consent.
36
respondeat superior
basically allows injured person to hold a company liable for the actions of its employees or agents if within the scope of their employment
37
one cannot be deprived of life, liberty, or property without
due process of law
38
due process of law protects us from
arbitrary, oppressive, and unjust acts
39
substantive due process
the law itself must fairly deal with challenges to life, liberty, and property
40
procedural due process
about the fairness of how the matter is heard (court looks to see if adequate notice and ability to be heard)
41
equal protection
we have the right to be treated the same as everyone else
42
constitution put out to colonies
1787
43
our nation's original sins
slavery and indentured servant
44
number of representatives per state is determined by
the state's population
45
how many senators per state
2
46
decennial census
every 10 years the US census bureau conducts census to determine number of people living in US
47
house controls
impeachment process
48
senate tries
impeachment
49
Vice President breaks
tie vote in senate, where he or she presides
50
congress gets control of
Washington DC, residents have no representation
51
president is the only officer in the country that must be
natural born citizen
51
grounds for impeachment
treason, bribery, or high crimes and misdemeanors
52
article 2
executive branch: powers include making treaties with other nations. appointing federal judges, department heads and ambassadors, and determining how to best run the country and military operations
53
article 1 of constitution
creates a congress consisting of a senate and house of reps
54
article 3
establishes Supreme Court and the judicial branch
54
article 4
-introduces concept of full faith and credit between states. we have to respect and follow other states' laws. -introduces concept of equal protection under laws -allows for adding extra states
55
article 5
-describes amendment process -founding fathers knew perfection wasn't achievable and knew there were changes we'd have to make in order to govern oneself -requires congress to propose and pass an amendment and then send to states then states must ratify it
56
article 6
describes federal supremacy -federal trumps state, state trumps local, local trumps nothing
57
article 7
describes ratifications of original document as a confederacy of the willing
58
first ten amendments is known as
the bill of rights
59
2nd amendment
right to bear arms
59
1st amendment
freedoms of religion, speech, press, and redress from government (free to say something but not free from the ratifications of saying it)
60
3rd amendment
freedom from quartering soldiers
61
4th amendment
freedom from unwarranted search and seizures
62
5th amendment
right to remain silent
63
7th amendment
right to jury in civil cases
63
6th amendment
right to jury and lawyer in criminal cases
64
8th amendment
freedom from excessive bail or cruel and unusual punishment
65
9th amendment
retention of rights of citizens
66
10th amendment
retention of rights of states
67
13th amendment
ends slavery and extends citizenship
68
14th amendment
extends due process rights
69
15th amendment
right to vote
70
18th amendment
prohibition begins -"elimination of alc from US"
71
19th amendment
women get right to vote
72
21st amendment
beer comes back
73
22nd amendment
presidents limited to 2 terms
74
23rd amendment
presidential succession
75
26th amendment
18 year olds, who had been drafted for military services for years, were allowed to vote
76
government controls
criminal prosecution
77
criminal law
-deals with the actual crime and legal punishments of the criminal offense -primarily statutory with only influences from common law, therefore much more like civil code
78
punishment must be
proportional to crime committed
79
components of most crimes
1. wrongful act 2. guilty mind 3. concurrence of act and intent 4. causation (sometimes)
80
state of Kansas v. Dinh Loc Ta
-requires wrongful act as its own component -judge has to look at facts in the light most favorable to the prosecution and did they make a favorable showing of lewd touching? -court found basically that they were using his "guilty mind" or his intent as proof of wrongful act -have to have an actual act; can't punish merely for bad thoughts
81
at common law a crime would require
-general intent -specific intent -criminal negligence
82
commonwealth v berggren
berggren led officer aselton on a high speed chase during which officer aselton was killed. Did Mr. Berggren's actions "cause" Aselton's death?
83
inchoate crimes
crimes in which preparation to commit a crime becomes a crime in and of itself
83
defenses to crimes
alibi, good character, justifications (self defense or choice of evils)
83
United States v Juan Donaldo Perdomo-Espana
-immigration -he had to come to US for medical help or he'd die -had to take in both accounts
84
United States v Scott
were threats from a drug dealer enough to establish a coercion justification?
85
elements of coercion justification
1. immediate threat of death or serious bodily harm 2. well-grounded fear threat will be carried out 3. no reasonable opportunity to escape
86
constitutional law
establishes governmental authority and power, as well as limitations and grants of rights. federal and state
87
criminal procedure
concerns enforcement of individuals rights during criminal process
88
power to declare legislative acts unconstitutional in the province and the duty of the ______ even though there is no express constitutional grant of the power
judiciary

law in society (1 decks)

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