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Law and Ethics > Midterm > Flashcards

Midterm Flashcards

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1
Q

Definition of Law

A

standards, principles process and rules, usually written down in a manor that are adopted and administered and enforced

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2
Q

procedural law

A

set forth how one much proceed to obtain certain results from the legal system

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3
Q

substantive law

A

set forth the possible results and more important, how one must behave in everyday life. it sets forth what may be done within the law or must be done by the law

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4
Q

civil law

A

any law not criminal, they regulate behavior and impose duties on people but cannot take action against violateors of civil law. it is mainly private citizens who take actions against violators

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5
Q

criminal law

A

procedural criminal laws regulate the operation of the justice system

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6
Q

court made law (common law)

A

Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes.

cases resolving disputes

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7
Q

sources of the law, name 4 of them

A

constitutions, legislation, regulations and court made law

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8
Q

Stare decisis

A

stand by things decided, this is a precedent, courts will usually adhere to previous rulings .

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9
Q

administrative law (regulations)

A

Administrative agencies, which are part of the executive branch, at the federal, state and local levels produce laws that are generally called regulations.

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10
Q

Ordinances, definitions

A

laws that cover matters of local concern which are enacted by local legislative codes, city councils and county.

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11
Q

structure of the court system state pg 26

A

trial courts-> courts of appeals -> state supreme court -> us supreme court

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12
Q

structure of the court system fed

A

us district court -> us court of appeals -> us supreme court

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13
Q

How do trial courts and appellate courts differ

A

trial courts resolve disputes

appellate courts do not receive evidence or divide on facts they look at records

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14
Q

Federal vs state jurisdiction

A

most cases remain state

us cases involving laws, bankruptcy , treaties , ambassadors, or public ministers

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15
Q

subject matter

A

courts of general jurisdiction have subject matter over the majority of civil claims, including actions involving tort, contracts, unpaid debt and civil right violations

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16
Q

geographic/ personal

A

is based on territorial concepts, that is a court can gain person jurisdiction over a party on if the party has a connection to the geographic area in whit the court city.

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17
Q

subject matter jurisdiction for federal court

A

claims arising from us constitution, claims brought against us government, lams in which parties live in different states and amount of controversy is over $50,000

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18
Q

Diversity of citizenship

A

the federal trial courts will decide some civil cases in which parties are from different states and its over $50,000

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19
Q

Adversarial ( nature of process 1 of 3)

A

assumption is the trial process and its rule will lead to truth

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20
Q

accusatorial( nature of process 1 of 3)

A

the state or individual alleges that a person has harmed them in some way. Must show burden of proof.

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21
Q

Fair( nature of process 1 of 3)

A

there is a high burden of proof for the person initialing the suit. Must have beyond reasonable doubt .

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22
Q

Judge

A

primary legal decision maker in hearings, pressing over hearing, deciding what law to apply and how to apply it and the deciding of facts.

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23
Q

jury

A

applies laws to facts based on judges instruction. they will decide facts based on evidence and reach a verdict in a case.

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24
Q

parties

A

people who are involved in legal disputes

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25
Q

plaintiff ( criminal case)

A

person initiating the case

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26
Q

defendant

A

person the case is being held against

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27
Q

complainant (civil)

A

person initiating the case

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28
Q

respondent (civil)

A

person case is being filed against

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29
Q

burden of proof

A

the party who bringing the cue to court has the burden of proving that the cue has merit

30
Q

bench trial

A

a person who waves his or her own right to a jury. and only a judge undertakes the trial

31
Q

jury trial

A

persons who are impartial and represent the community., jury cases are seeking money damages that involve personal injury, juries have 12 people and their unanimous decision are the verdict.

32
Q

Hearsay

A

is a statement made orally or in writing outside of the courtroom tha is offered to prove the truth of the matter asserted in the statement. it cannot be admitted in evidence because it is not made in court.

33
Q

Leading questions

A

questions that suggest its answer

34
Q

standard of proof

A

in order to win a case the party with the burden of proof has to present enough evidence to convince

35
Q

normal preponderance of evidence

A

the party with the burden of proof merely has to prove that his or her version of facts are more than likely

36
Q

intermediate clear and confusing evidence

A

used in cases where there is a great stake in the outcome like a loss of an important right (not criminal)

37
Q

highest ( beyond a reasonable doubt

A

the party with the burden of proof has to prove to the greatest degree it is true.

38
Q

administrative hearing

A

where a dispute is resolved by determining facts and applying the law to the facts. deals with individuals or agency.

39
Q

deposition

A

may have to respond orally to questions from an attorney. opportunity for both sides to ask questions

40
Q

interrogatories

A

written questions from a party to which you must respond to in writing

41
Q

NM administrative code

A

is the official compilation of current rules filed by state agencies. it is divided into titles, chapters, and parts on the basis of subject matter

42
Q

NM register

A

the official publication for all notices of rule making and filings of adopted, proposed, and emergency rules in the state

43
Q

what courts publish opinions

A

the NM supreme court publishes opinions

44
Q

how useful are social workers

A

we can better serve clients, with access to NMAC and NM register we can better equipped to stay up to date on current laws in NM

45
Q

majority opinion

A

an opinion written by on justice about a case in which the majority of other justices have joined

46
Q

concurring opinion

A

an opinion written by an justice who agrees with the result reached by a majority but may want to stress certain points or may not endorse their reasoning

47
Q

dissenting opinion

A

an opinion written by a justice who disagrees with the result reached by the majority.

48
Q

procedural history

A

history of the courts actions, rulings and legal maneuvers in a case from the time it was filed until the time it reached a court writing the opinion

49
Q

The Bill of Rights

A

the first ten amendments to the constitution

50
Q

14th amendment

A

passed after the Civil War in 1866, was designed to prevent states from denying due process and equal protection under the law of their citizens

51
Q

requirement of state action

A

some kind of participation or involvement of the government or government official in an act or course of conduct, in order for there to be a violation of the constitution.

52
Q

does the bill of rights apply to the states

A

yes after the civil war and the adoption of the 13, 14, and 15th amendments, the supreme court ruled that it states denying the bill of right was on consistent with due process and this will violate the 14th amendment.

53
Q

due process

A

5th and 14th amendments stating that no one be deprived of life, liberty or property without due process law.

54
Q

procedural due process

A

that Gov use reasonable and fundamentally fair procedures before depriving individuals of a protectable interest like home can’t be searched without cause

55
Q

substantive due process

A

all government actions depriving individuals of protectable interest be readable and fundamentally fair . you can’t be discriminated against due to race, gender or religion.

56
Q

equal protection

A

part of the 14th amendment guarantees all person equality under the law

57
Q

acceptalble/ reasonable classifications

A

classifications made by government are presumed to be consitutional

58
Q

suspect classifications

A

classifications that must meet a higher standard than readableness to pass constitutional muster race, national origin , gender, ect

59
Q

Civil law concerns

A

disputes between individuals, they are either tort or contract.

60
Q

criminal cases

A

society or individual has been harmed and is seeking redress.

61
Q

trial courts

A

decide controversies between parties, and appellate courts which review the decisions of the trial courts. trial courts are the lowest level court , these are magistrate, municipal, and metropolitan and probate courts

62
Q

magistrate courts

A

do not have records, no transcripts of proceedings

63
Q

municipal courts

A

enforce the municipality criminal ordinances

64
Q

metropliton courts

A

bernallio count is the only county in the state with a metropolitan court

65
Q

probate court

A

is the settlements of estates, determining heirship, and the appointment and removal of guardians

66
Q

district courts

A

are trial level courts of general jurisdiction, NM is divided into thirteen judicial districts, hears both civil and criminal

67
Q

appellate courts

A

assumes that the trial courts finding are correct reviews the transcripts of the trial and reads briefs

68
Q

court of appeals

A

created in 1965 severs as an intestate appellate court between district courts and the supreme court

69
Q

Supreme court

A

is the final court of appeal in NM it can decide on cases it chooses too

70
Q

judicial selection

A

in 1988 NM adopted a constitution amendment that radically changed the manner of judicial selection in the state. judicial vacancies are filled by the governor by recommendation by a commission

71
Q

Judicial performances evaluation commission

A

was created by order of NM supreme court to improve judges, provides useful credible information to voters on all judges

Law and Ethics (1 decks)

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