make about judiciary (civils) Flashcards
What is the primary function of the judiciary in civil matters?
To interpret and apply the law to resolve disputes.
True or False: The judiciary is responsible for creating laws.
False
Fill in the blank: The judiciary operates independently of the ________ and ________ branches.
executive, legislative
What is the highest court in the United States?
The Supreme Court
Define ‘jurisdiction’ in the context of civil courts.
The authority of a court to hear and decide cases.
Multiple Choice: Which of the following is NOT a type of civil case? A) Contract disputes B) Personal injury C) Criminal prosecution
C) Criminal prosecution
What is the role of a judge in civil cases?
To preside over court proceedings and ensure the law is followed.
True or False: Civil cases typically involve a defendant being punished with imprisonment.
False
What is a ‘plaintiff’ in a civil case?
The person who brings a lawsuit against another party.
Define ‘defendant’ in the context of a civil lawsuit.
The individual or entity being accused or sued.
What standard of proof is required in civil cases?
Preponderance of the evidence.
Fill in the blank: Civil cases often seek ________ rather than criminal penalties.
monetary damages
Multiple Choice: Which of the following can be a remedy in civil cases? A) Incarceration B) Monetary compensation C) Death penalty
B) Monetary compensation
What is ‘mediation’ in the context of civil disputes?
A process where a neutral third party facilitates a resolution between disputing parties.
True or False: Appeals can only be made in criminal cases.
False
What is ‘tort law’?
The area of law that deals with civil wrongs and damages.
Define ‘contract law’.
The body of law that governs agreements between individuals and entities.
Fill in the blank: The party who responds to the plaintiff’s complaint is called the ________.
defendant
What is the purpose of a ‘summons’ in a civil case?
To notify the defendant that they are being sued and to provide them with the details of the claim.
Multiple Choice: Which of the following is a common type of civil case? A) Theft B) Breach of contract C) Assault
B) Breach of contract
What is ‘discovery’ in the context of civil litigation?
The pre-trial phase where parties exchange information and evidence.
True or False: A jury is always present in civil trials.
False
What is ‘negligence’ in tort law?
The failure to exercise reasonable care, resulting in damage or injury to another party.
What is the role of an appellate court?
To review decisions made by lower courts for errors of law.
Fill in the blank: A civil lawsuit typically begins with the filing of a ________ by the plaintiff.
complaint
Define ‘class action lawsuit’.
A legal action filed by one or more individuals on behalf of a larger group with similar claims.
What is ‘arbitration’?
A method of resolving disputes outside of court, where an arbitrator makes a binding decision.
True or False: Civil law systems are based on statutes and codes rather than case law.
True
What is the significance of ‘precedent’ in civil law?
It establishes a legal standard that guides future cases with similar facts.
What does ‘pro bono’ mean in legal practice?
Legal services provided for free or at a reduced fee.
Multiple Choice: Which document outlines the plaintiff’s claims against the defendant? A) Answer B) Complaint C) Verdict
B) Complaint
What is the purpose of ‘punitive damages’ in civil cases?
To punish the defendant and deter future wrongful conduct.
Fill in the blank: The outcome of a civil case is often referred to as a ________.
verdict
What is ‘emotional distress’ in tort law?
A claim for damages due to severe emotional suffering caused by another’s actions.
True or False: A settlement is an agreement reached before a trial begins.
True
Define ‘statute of limitations’ in civil law.
The time period within which a lawsuit must be filed after a claim arises.
What does ‘burden of proof’ refer to in civil litigation?
The obligation to prove one’s claims or defenses in a legal proceeding.
Multiple Choice: Which of the following can lead to a dismissal of a civil case? A) Failure to state a claim B) Successful mediation C) Jury verdict
A) Failure to state a claim
