Midterm Flashcards
Definition of Law
standards, principles process and rules, usually written down in a manor that are adopted and administered and enforced
procedural law
set forth how one much proceed to obtain certain results from the legal system
substantive law
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
civil law
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
criminal law
procedural criminal laws regulate the operation of the justice system
court made law (common law)
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
sources of the law, name 4 of them
constitutions, legislation, regulations and court made law
Stare decisis
stand by things decided, this is a precedent, courts will usually adhere to previous rulings .
administrative law (regulations)
Administrative agencies, which are part of the executive branch, at the federal, state and local levels produce laws that are generally called regulations.
Ordinances, definitions
laws that cover matters of local concern which are enacted by local legislative codes, city councils and county.
structure of the court system state pg 26
trial courts-> courts of appeals -> state supreme court -> us supreme court
structure of the court system fed
us district court -> us court of appeals -> us supreme court
How do trial courts and appellate courts differ
trial courts resolve disputes
appellate courts do not receive evidence or divide on facts they look at records
Federal vs state jurisdiction
most cases remain state
us cases involving laws, bankruptcy , treaties , ambassadors, or public ministers
subject matter
courts of general jurisdiction have subject matter over the majority of civil claims, including actions involving tort, contracts, unpaid debt and civil right violations
geographic/ personal
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.
subject matter jurisdiction for federal court
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
Diversity of citizenship
the federal trial courts will decide some civil cases in which parties are from different states and its over $50,000
Adversarial ( nature of process 1 of 3)
assumption is the trial process and its rule will lead to truth
accusatorial( nature of process 1 of 3)
the state or individual alleges that a person has harmed them in some way. Must show burden of proof.
Fair( nature of process 1 of 3)
there is a high burden of proof for the person initialing the suit. Must have beyond reasonable doubt .
Judge
primary legal decision maker in hearings, pressing over hearing, deciding what law to apply and how to apply it and the deciding of facts.
jury
applies laws to facts based on judges instruction. they will decide facts based on evidence and reach a verdict in a case.
parties
people who are involved in legal disputes
plaintiff ( criminal case)
person initiating the case
defendant
person the case is being held against
complainant (civil)
person initiating the case
respondent (civil)
person case is being filed against
burden of proof
the party who bringing the cue to court has the burden of proving that the cue has merit
bench trial
a person who waves his or her own right to a jury. and only a judge undertakes the trial
jury trial
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.
Hearsay
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.
Leading questions
questions that suggest its answer
standard of proof
in order to win a case the party with the burden of proof has to present enough evidence to convince
normal preponderance of evidence
the party with the burden of proof merely has to prove that his or her version of facts are more than likely
intermediate clear and confusing evidence
used in cases where there is a great stake in the outcome like a loss of an important right (not criminal)
highest ( beyond a reasonable doubt
the party with the burden of proof has to prove to the greatest degree it is true.
administrative hearing
where a dispute is resolved by determining facts and applying the law to the facts. deals with individuals or agency.
deposition
may have to respond orally to questions from an attorney. opportunity for both sides to ask questions
interrogatories
written questions from a party to which you must respond to in writing
NM administrative code
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
NM register
the official publication for all notices of rule making and filings of adopted, proposed, and emergency rules in the state
what courts publish opinions
the NM supreme court publishes opinions
how useful are social workers
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
majority opinion
an opinion written by on justice about a case in which the majority of other justices have joined
concurring opinion
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
dissenting opinion
an opinion written by a justice who disagrees with the result reached by the majority.
procedural history
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
The Bill of Rights
the first ten amendments to the constitution
14th amendment
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
requirement of state action
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.
does the bill of rights apply to the states
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.
due process
5th and 14th amendments stating that no one be deprived of life, liberty or property without due process law.
procedural due process
that Gov use reasonable and fundamentally fair procedures before depriving individuals of a protectable interest like home can’t be searched without cause
substantive due process
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.
equal protection
part of the 14th amendment guarantees all person equality under the law
acceptalble/ reasonable classifications
classifications made by government are presumed to be consitutional
suspect classifications
classifications that must meet a higher standard than readableness to pass constitutional muster race, national origin , gender, ect
Civil law concerns
disputes between individuals, they are either tort or contract.
criminal cases
society or individual has been harmed and is seeking redress.
trial courts
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
magistrate courts
do not have records, no transcripts of proceedings
municipal courts
enforce the municipality criminal ordinances
metropliton courts
bernallio count is the only county in the state with a metropolitan court
probate court
is the settlements of estates, determining heirship, and the appointment and removal of guardians
district courts
are trial level courts of general jurisdiction, NM is divided into thirteen judicial districts, hears both civil and criminal
appellate courts
assumes that the trial courts finding are correct reviews the transcripts of the trial and reads briefs
court of appeals
created in 1965 severs as an intestate appellate court between district courts and the supreme court
Supreme court
is the final court of appeal in NM it can decide on cases it chooses too
judicial selection
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
Judicial performances evaluation commission
was created by order of NM supreme court to improve judges, provides useful credible information to voters on all judges
