Test 1 Flashcards
Sovereign
Person/thing that rules
13th amendment
Abolish slavery
19th amendment
Women’s right to vote
Brown vs board of education
Desegregation
Needs of the legal system
Reasonable
Flexible
Practical
Published
Final
House of Reps is responsible for?
Bills for raising revenue
Impeaching federal officials including judges
Senate is responsible for ?
Advise and consent with respect to all executive federal appointments
Sole tier of impeachments
Three branches of government
Legislative
Executive
Judicial
What is a courts jurisdiction?
Power to hear cases and render decisions
Could be physical area, subject matter as defined but constitution or statute
In personam over this person
Judicial gloss
Judges interpretation of law, is as binding as the law itself
Stare decisis
Let the decision stand
What is the burden of proof for civil vs criminal trials
Civil more then 50% does not have to be 100% preponderance of guilt
Criminal beyond reasonable doubt almost 100%
Inferior trial courts
Justice of the peace
Municipal courts
Traffic court
Small claims
Probate
Created by state statue and limited subject matter jurisdiction
Courts of general jurisdiction
Trial courts with evidence, witnesses, sometimes a jury
State Appellate courts
Never hear cases
Hear appeals based on legal arguments only
Determine if law was misapplied, serious defect in trial
State supreme courts
Created by constitution of state hears appeals from appellate court
Ultimately determine common law
Federal trial courts of limited jurisdiction
Bankruptcy
Tax
US claims
US states district courts
Created by federal statute
Federal trial courts
>$75,000
Or federal question
US court of appeals
11 district courts
Court of appeals for DC
Federal circuit court of appeals - hears appeals from all specialized federal courts
US Supreme Court
Created in article III of constitution
Hears appeals from federal appellate courts
Decisions are binding in ALL other courts
Role of a lawyer
Officer of the court
Zealous advocate of client
Confidant
Elements of a civil suit
Duty
Breach
Damage
Causation
Remedies in a civil trial
Money, Compensation and punitive
Specific performance (finish a contract etc)
Injunction (stop doing something)
Anatomy of civil suit
Interview with client/lawyer
Lawyer investigates
Negotiate a settlement if fails-
File civil suit
Defendant answers
Pre trial proceedings
Trial
Appeal
What are the pretrial proceedings?
Methods used to get facts of a case
Deposition
Interrogatories
Production of things and documents (pics/reports etc)
Request for admission
Physical or mental exams
What freedoms are guaranteed in 1st amendment
Speech
Press
Assembly
Religion
To petition the government
2nd amendment
Right to bear arms
3rd amendment
Soldiers cannot be housed in personal homes without consent during peace times
4th amendment
Freedom from searches.
5th amendment
Right to die processs and freedoms from incrimination of oneself
Plead the 5th
6th amendment
Right to a speedy trial
7th amendment
Trial by jury
8h amendment
Protection against cruel and unusual punishment
10h amendment
Powers not delegated by the US constitution are relegated to the states.
What is habeas corpus
Court order against unlawful and indefinite imprisonment
Ex post facto laws
You can not punish someone for something if it was not illegal when it was committed.
No Bills of attainer
You can not punish someone without judicial trial
What are the 3 levels of torts
Intentional - simple duty to avoid
Negligence - reasonable duty to avoid
Strict liability- strict duty to avoid
What is negligence
Wrongs citizens have a reasonable duty to avoid, when you do anything with a foreseeable risk of harm to another person or their property you must act with reasonable care
Intentional torts
Assault
Battery
Trespass
Conversion
False imprisonment
Libel or slander
Defamation of character
Invasion of privacy
Fraud
Emotional distress (intentional)
Interference with contract
Interference with business contract
What is the difference between a tort and a crime
Torts are determined by common law/civil law
and crimes are defined by a statute
What is strict liability
The harmful results of certain activities regardless of intention
Ultra hazardous activity: blasting, toxic chemicals etc
What is the purposes of criminal law
Deterrence -don’t do it again
Protection to the public
Retribution to the one seeking justice
Rehabilitation of the criminal
Defenses to torts
Assumption of risk - victim knew there was a risk (hit by a golf ball on golf course)
Contributory negligence(common) competitive negligence (statutory)-no one person at fault
Misuse or abuse of the product
Necessity
Privilege
True
Mens rea (particular mental state)
Intention of knowledge of wrongdoing in a crime
General intent
Specific intent
Gross recklessness
No intent
Substantive
Defines criminal activity and provides sanctions. Most have actus reus and mens rea
Mens rea
Mental state
General intent
Specific intent
Gross recklessness
No intent-strict liability (actus reus only)
Classes of substantive crimes
Mala in se -evil in and of itself - murder, arson serious moral failure
Mata prohibita - prohibited wrongs- crimes that are only crimes because of a law - not paying taxes, speeding, noise
Procedural law
Methods by which the laws are enforced and how the legal proceedings are conducted.
Which ammedments refer to procedural law
4th, 5th, & 6th
Sanctions for criminal law
Fines
Injunctions/restraining orders
Supervised probation
Incarceration
Loss of rights: voting, bear arms, etc
Death
Defenses for criminal trial
Self defense -varies by state
Justification - speeding to ER
Insanity- includes intoxication
Duress- direct threat -gun to head
Coercion-threat to someone close to you
Defense of negligence tort
Assumption of risk
Contributory negligence -common law
Comparative- statutory
Defense of strict liability
None in ultra dangerous situations
Misuse or abuse of product
Necessity
What is an adversarial system
Not an objective search for the truth
Article 1 did what?
Created legislative branch of government, congress and its specific powers
Article 1 did what?
Created legislative branch of government, congress and its specific powers
