Midterm Review Flashcards
What are the 3 “levels” of government?
From highest to lowest
1- Federal Government
2- States Government
3- Local Government
What are 3 things areas where the federal government is allowed to regulate
1- Money
2-Immigration
3- Military
Why do most federal statutes include the element that the crime is somehow affect “interstate commerce or communication”?
Because it allows congress to pass law without violating the US constitution.
For each branch of government, name one type of liability that it can create
Executive : Administrative law
Legislative : Statutory law
Judicial : Case Law
The chain of command for the federal system is:
- Supreme court of the U.S ( appellate)
- *United States court of appeals for – circuit (appellate)
- District Court of the U.S. (Trial)
The chain of command for the Maryland court system is
- Maryland Court of Appeals (appellate)
- Maryland Court of Special Appeals (appellate)
- Circuit Court for ________ County/City (trial)
- District Court of Maryland (trial)
If a criminal case is appealed from the US District Court for the Eastern District of Virginia, where would it be appealed to?
United States court of appeals for – circuit (appellate)
If Bob lives in Baltimore City and never leaves, what are six forms of liability he has to follow?
Case law of FED, Statutory law of Fed, Administrative of of FEd, Common law, case law, Statutory law.
If a federal law conflicts with a local law, which prevails?
The Federal law would prevail.
If a federal legislative statute conflicts with a judicial interpretation of the US Constitution, which prevails
The constitution will prevail
What can bring case in the following
**Criminal : The government is always the prosecuting party.
**Civil : Almost any person or entity can be a party
What is the intermediate appellate court for the State of Maryland?
Maryland Court of Special Appeals (appellate)
Name the court that decided this opinion:
Schneckloth v. Bustamonte, 412 US 218, 219 (1973)
US supreme court
Report at Maryland Courts
“MD” - Maryland Reports - Court of Appeals
“MD.App.” - Maryland Appellate Reports - Court of Special Appeals
Report at the United States Supreme Court
United States Reports - “U.S.“
Supreme Court Reporter (West) - “S. Ct.“
Lawyers’ Edition (Lexis) - “L. Ed.“
Which court decided “Bob V State”, 11 MD.222(2016)
MD court of appeals
Expert witness TESTIMONY according to MD Rule 5-702
1- Whether the witness is qualified as an expert by knowledge, skill, experience, training, or education
2-The appropriateness of the expert testimony on the particular subject, and
3- Whether a sufficient factual basis exits to support the expert testimony.
What determines whether a scientific method will be admitted in MARYLAND court
The Frye-Reed Test
The Frye-Reed Test
1- Is this a “novel” scientific technique? (If it has been accepted by the appellate courts, it is not “novel”)
2- If it’s a novel, then has it been accepted by the scientific community as reliable?
What is the CFAA and what is its statutory citation?
Computer Fraud Abuse Act -
18 USC 1030
What makes a computer a “protected computer” under the CFAA?
Computer either exclusively used or that is affected
** The US government
** A financial institution
Computer used in or affecting
**Interstate commerce and communication
**Foreign commerce or communication of the United States
What is the broadest provision of the CFAA
18 USC 1030 (a) (2) (c)
What are the two different interpretations of the word “access” that courts have?
Entry and Interaction
**Entry : You access a computer when you actually entered
**Interaction : You some way interacted with tje computer
Only BigCorp. employees are allowed to access BigCorp. files.
In CFAA terms, what have you done if you are not a BigCorp. employee, but you access BigCorp. files
If you did NOT work there, and did NOT have permission to access the computers,
In CFAA terms:
ACCESS WITHOUT AUTHORIZATION
