Midterm 1 Flashcards
actus reus
Guilty act, intent to carry out action that is crime
adequate and independent state grounds
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
adversarial system
Common law
Arraignment
The formal reading of charges enters a plea.
bench trial
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.
beyond a reasonable doubt
Level of confidence for criminal cases
Lots of disagreement over the definition
Intentionally not specifically defined as a percentage
Binding precedent
The precedent set by a higher court must follow.
persuasive precedent
Precedent previously set but not binding.
blue slip
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
capital crime
Death Penalty is possible, the jury must convict and choose death sentance
causation in fact
ie: direct causation, if the defendant didn’t do what they did would the victim have died
certified question (certification)
? a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law
challenged “for cause”
The challenge to a potential juror for a specific cause. Like that they have close relations to a person or subject.
claim preclusion
Can’t sue someone for the same claim twice
Direct causation,
if the defendant didn’t do what they did would the victim have died
Issue preclusion
Not going to relitigate certain facts or issues that as answered.
Comity
The same basic idea as full faith and credit but doesn’t have tho be required.
Marriage in another country
Not mandatory
Concurrence legal definition
Mens rea and actus reus happen at the same time
concurrent jurisdiction
more than one state has jurisdiction
criminal negligence
A Reasonable person would be aware of the action
Damages
Monetary reward for someone after their property is damaged
declaratory judgment (declaration)
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.
discretionary sentencing
Sentencing decision up to the judge
diversity jurisdiction
Federal gov has jurisdiction because it’s in more than two states.
en banc
Seen in front of like 12 judges
environmental perspective
Perspective on judicial decision making, about the general public views on a subject.
Erie doctrine
a federal court called upon to resolve a dispute not directly implicating a federal question must apply state substantive law
Equity
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
exclusive jurisdiction
?Supreme court hears all of a specific case. federal has exclusive jurisdiction to a particular crime
ex post facto law
Law put in place after crime committed, can’t prosecute a person for that crime.
extralegal perspective
Judicial decision making?
federal subject-matter jurisdiction
? If its a federal subject matter?
federal party jurisdiction
If the defendant is the federal government
federal question jurisdiction
If it is a question of federal law
forum non conveniens
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
forum shopping
Trying to get the judge or court that will be best for your case
full faith and credit
Other states will continue the laws of other states, divorce in wisconsin means divorce in florida`
general intent
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.``
Grand Jury
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.
gubernatorial appointment
Governor appoints the judge
in personam jurisdiction
if held by a state court, permitted that court to rule upon any case over which it otherwise held jurisdiction.
in rem jurisdiction
the power a court may exercise over property or a “status” against a person over whom the court does not have in personam jurisdiction
Injunction
Court forces someone to stop doing something
inquisitorial system
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
legal perspective
Judicial decision making, looking at the case from legal precedent and opinions on the law
legislative election
For judges, state senate elects judges
long-arm statutes
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.
mandatory sentencing
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.
minimum contacts
?
Missouri Plan
combo of governor appointments and elections,
national supremacy
?
nolo contendere (plea of no contest)
No contest plea, saying you don’t need a trial and will go to prison but cant be used as confession of guilt.
partisan election
Judge elections labeled democrat and republican
nonpartisan election
No labels on ballot
Peremptory challenge
a defendant’s or lawyer’s objection to a proposed juror made without needing to give a reason.
personal perspective
Judicial decision-making perspective, personal views.
petit jury
The trail for criminal cases decides fact
plea bargain (charge or sentence)
Charge bargining, horizonrtal, dropping some charges.
Vertical, admitting to lesser crime
Sentance, lesser sentence
proximate causation
Two things have to be sufficiently close to each other, shooting someone then they die of cancer 30 years later
punitive damages
punish defendant to deter from an act, not in most cases
restitution (damages)
Loss suffered, more common than punitive.
putting in what you would have been if hadn’t happened
retention election
The election for judges to stay on the bench, incumbents typically win, less recently.
senatorial courtesy
The tendency to elect the choice from the home state senator, everyone does it for everyone. Happening less and less
blue slip
sovereign immunity
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.
special appearance
a civil defendant’s appearance in the court of another state solely to dispute the personal jurisdiction of the court over that defendant
specific intent
Requires that the person had a subjective desire or knowledge that their actions would bring about illegal conduct.
specific performance
?
Standing
???
stare decisis
Stand by decision, precedent.
Statute
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
territorial jurisdiction
States have jurisdiction if it happens in the state
three-judge appellate court panel
UHHHHHHHH?
three-judge district court panel torts
UHHHHHH?
trial court
First level of courts, where facts are decided by jury
Venue
Venue
Where the actual trial is held, which court
Verdict
Jury or judges decision on if the defendant is guilty or not
voir dire
Tell truth, jury selection
