Midterm

Question 0

Administrative Law

Answer 0

Outlines the rights and obligations of government

Question 1

District Courts

Answer 1

• Trial Courts

- every state has atleast one district court

Question 2

Attorney

Answer 2

Someone hired to represent the legal interests of another

Question 3

Criminal Law

Answer 3

Determines illegal actions and the punishments for completing these actions

Question 4

2nd approach to jurisdiction

Answer 4

1) subject matter
2) diversity of citizenship
3) identity of parties

Question 5

Advisarial System

Answer 5

Lawyers are committed to their clients and the parties involved present their own cases

Question 6

Types of Attorneys

Answer 6

1) Private practice
2) Large firms
3) In house lawyers
4) Government

Question 7

Burden of proof

Answer 7

Criminal: beyond a reasonable doubt
Civil: purponderence of the evidence

Question 8

Civil law (2)

Answer 8

Governs relations between individuals

Question 9

1st approach to jurisdiction

Answer 9

1) vindicating the role of the federal government
2) exclusive control of foreign relations
3) umpiring interstate disputes
4) protecting out of state citizens from bias

Question 10

Common law

Answer 10

Judge made law to create uniformity by obeying precident

Question 11

Right to Council

Answer 11

Guaranteed by 6th admen dement

Question 12

Federal Courts

Answer 12

Established under article 3 and the judiciary act of 1789

Question 13

Public law

Answer 13

One party is the government

Criminal or tax law

Question 14

Delegates

Answer 14

Attorneys that work for the interest of their client

Question 15

Methods of judge selection

Answer 15

1) merit selection
2) appointment
3) election by legislatures
4) non-partisan elections
5) partisan elections

Question 16

Trustees

Answer 16

Attorneys that work for the public good

Question 17

Civil Law (1)

Answer 17

Official set of laws to govern and brings more power to the legislature (Justinian’s code and the Napolianic Code)

Question 18

Constitutional Law

Answer 18

Outlines the rights of the people and the structure of government

Question 19

Inquisitorial System

Answer 19

Lawyers are committed to justice and the judge asks questions to uncover the truth

Question 20

Procedural Law

Answer 20

Outlines the procedure/ process of law

Question 21

Substantive Law

Answer 21

Defines the law

Question 22

Private Law

Answer 22

Between individuals

Family or contract Law

Question 23

State of nature

Answer 23

Society without laws

Question 24

Sources of law

Answer 24

1) Government
2) religion
3) societal norms
4) judicial decisions
5) founding members

Question 25

Case Law

Answer 25

Looking at past decisions to see how it can be applied to current issues

Question 26

Inductive

Answer 26

Takes specific cases to come up with broad general principle (common law)

Question 27

Deductive

Answer 27

General principle established to solve specific cases (civil law)

Question 28

Hierarchy of law

Answer 28

1) constitution
2) statutes
3) executive orders

Question 29

What are courts responsible for?

Answer 29

1) dispute resolution
2) behavioral modification
3) allocation of gains and losses
4) policy making

Question 30

Three tiers of federal court

Answer 30

1) supreme court
2) court of appeals
3) district courts

Question 31

Dual Court System

Answer 31

State and Federal courts

Based on federalist system

Question 32

Jurisdiction

Answer 32

Range of cases a court is empowered to hear

Question 33

Appellate Courts

Answer 33

• Circuit Courts
• 11 court jurisdictions
• each jurisdiction crosses states and has multiple courts

Question 34

Supreme Court

Answer 34

Hears the appeals of the appellate court and the states highest court
-file RIT of associarity