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American judicial system midterm 1 > Midterm 1 > Flashcards

Midterm 1 Flashcards

1
Q

actus reus

A

Guilty act, intent to carry out action that is crime

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2
Q

adequate and independent state grounds

A

adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts

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3
Q

adversarial system

A

Common law

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4
Q

Arraignment

A

The formal reading of charges enters a plea.

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5
Q

bench trial

A

No jury just judge
Good for when explaining complicated legal subject or getting off of heinous crime on a technicality
Changes who need to agree but defendant always has to wave right to jury.

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6
Q

beyond a reasonable doubt

A

Level of confidence for criminal cases
Lots of disagreement over the definition
Intentionally not specifically defined as a percentage

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7
Q

Binding precedent

A

The precedent set by a higher court must follow.

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8
Q

persuasive precedent

A

Precedent previously set but not binding.

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9
Q

blue slip

A

Home state Senators fill out blue slip with their opinion on a judicial nominee and if they should be appointed.
The system is becoming more political and less about patronage like blue slip

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10
Q

capital crime

A

Death Penalty is possible, the jury must convict and choose death sentance

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11
Q

causation in fact

A

ie: direct causation, if the defendant didn’t do what they did would the victim have died

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12
Q

certified question (certification)

A

? a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law

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13
Q

challenged “for cause”

A

The challenge to a potential juror for a specific cause. Like that they have close relations to a person or subject.

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14
Q

claim preclusion

A

Can’t sue someone for the same claim twice

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15
Q

Direct causation,

A

if the defendant didn’t do what they did would the victim have died

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16
Q

Issue preclusion

A

Not going to relitigate certain facts or issues that as answered.

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17
Q

Comity

A

The same basic idea as full faith and credit but doesn’t have tho be required.
Marriage in another country
Not mandatory

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18
Q

Concurrence legal definition

A

Mens rea and actus reus happen at the same time

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19
Q

concurrent jurisdiction

A

more than one state has jurisdiction

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20
Q

criminal negligence

A

A Reasonable person would be aware of the action

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21
Q

Damages

A

Monetary reward for someone after their property is damaged

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22
Q

declaratory judgment (declaration)

A

A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.

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23
Q

discretionary sentencing

A

Sentencing decision up to the judge

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24
Q

diversity jurisdiction

A

Federal gov has jurisdiction because it’s in more than two states.

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25
Q

en banc

A

Seen in front of like 12 judges

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26
Q

environmental perspective

A

Perspective on judicial decision making, about the general public views on a subject.

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27
Q

Erie doctrine

A

a federal court called upon to resolve a dispute not directly implicating a federal question must apply state substantive law

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28
Q

Equity

A

No right to a jury,
Someone suing for fraud would not have a jury.
The distinction comes from medieval England.
Injunctive/clarity relief Usually non-monetary
Facts decided by judge
Deleware still has a separate court of chancery that deals with business law
Business law grows out of trust law

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29
Q

exclusive jurisdiction

A

?Supreme court hears all of a specific case. federal has exclusive jurisdiction to a particular crime

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30
Q

ex post facto law

A

Law put in place after crime committed, can’t prosecute a person for that crime.

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31
Q

extralegal perspective

A

Judicial decision making?

32
Q

federal subject-matter jurisdiction

A

? If its a federal subject matter?

33
Q

federal party jurisdiction

A

If the defendant is the federal government

34
Q

federal question jurisdiction

A

If it is a question of federal law

35
Q

forum non conveniens

A

mostly common law legal doctrine whereby a court “acknowledges that another forum or court is more appropriate and sends the case to such a forum

36
Q

forum shopping

A

Trying to get the judge or court that will be best for your case

37
Q

full faith and credit

A

Other states will continue the laws of other states, divorce in wisconsin means divorce in florida`

38
Q

general intent

A

The intent to carry out a given action. General intent is an intent to do something, regardless of any specific intent to cause a consequence of the something done. General intent is usually contrasted with a lack of intent; the conduct was either intended or accidental or unthinking. Evidence of any more specific level of intention—deliberate, conscious, purposeful, or premeditated—would also demonstrate the less specific level of general intent.``

39
Q

Grand Jury

A

Jury before trial that has to decide if the person might have done it and if the trial should continue, guaranteed on the federal level but not all states.

40
Q

gubernatorial appointment

A

Governor appoints the judge

41
Q

in personam jurisdiction

A

if held by a state court, permitted that court to rule upon any case over which it otherwise held jurisdiction.

42
Q

in rem jurisdiction

A

the power a court may exercise over property or a “status” against a person over whom the court does not have in personam jurisdiction

43
Q

Injunction

A

Court forces someone to stop doing something

44
Q

inquisitorial system

A

judges act more as investigators and can ask more questions.
May seek evidence beyond that presented by parties.
Precedent carries much less weight, in theory, no weight.
Two courts could interpret a statute in totally different ways not really regarding the other’s decision
Statues read in much more literal fashion,
Virtually no use of jurys

45
Q

legal perspective

A

Judicial decision making, looking at the case from legal precedent and opinions on the law

46
Q

legislative election

A

For judges, state senate elects judges

47
Q

long-arm statutes

A

allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state.

48
Q

mandatory sentencing

A

MAndatory sentence for specific crimes.
Pros and cons of mandatory vs discretionary. Mandatory will have more equal outcomes for people convicted of the same crime. Discretionary allows judges to look at the entire scope of the evidence.

49
Q

minimum contacts

A

?

50
Q

Missouri Plan

A

combo of governor appointments and elections,

51
Q

national supremacy

A

?

52
Q

nolo contendere (plea of no contest)

A

No contest plea, saying you don’t need a trial and will go to prison but cant be used as confession of guilt.

53
Q

partisan election

A

Judge elections labeled democrat and republican

54
Q

nonpartisan election

A

No labels on ballot

55
Q

Peremptory challenge

A

a defendant’s or lawyer’s objection to a proposed juror made without needing to give a reason.

56
Q

personal perspective

A

Judicial decision-making perspective, personal views.

57
Q

petit jury

A

The trail for criminal cases decides fact

58
Q

plea bargain (charge or sentence)

A

Charge bargining, horizonrtal, dropping some charges.
Vertical, admitting to lesser crime
Sentance, lesser sentence

59
Q

proximate causation

A

Two things have to be sufficiently close to each other, shooting someone then they die of cancer 30 years later

60
Q

punitive damages

A

punish defendant to deter from an act, not in most cases

61
Q

restitution (damages)

A

Loss suffered, more common than punitive.

putting in what you would have been if hadn’t happened

62
Q

retention election

A

The election for judges to stay on the bench, incumbents typically win, less recently.

63
Q

senatorial courtesy

A

The tendency to elect the choice from the home state senator, everyone does it for everyone. Happening less and less
blue slip

64
Q

sovereign immunity

A

is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.

65
Q

special appearance

A

a civil defendant’s appearance in the court of another state solely to dispute the personal jurisdiction of the court over that defendant

66
Q

specific intent

A

Requires that the person had a subjective desire or knowledge that their actions would bring about illegal conduct.

67
Q

specific performance

A

?

68
Q

Standing

A

???

69
Q

stare decisis

A

Stand by decision, precedent.

70
Q

Statute

A

formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy

71
Q

territorial jurisdiction

A

States have jurisdiction if it happens in the state

72
Q

three-judge appellate court panel

A

UHHHHHHHH?

73
Q

three-judge district court panel torts

A

UHHHHHH?

74
Q

trial court

A

First level of courts, where facts are decided by jury

75
Q

Venue

A

Venue

Where the actual trial is held, which court

76
Q

Verdict

A

Jury or judges decision on if the defendant is guilty or not

77
Q

voir dire

A

Tell truth, jury selection

American judicial system midterm 1 (1 decks)

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