The Americal Legal Systen

Question 0

What are the 2 basic subsystems of law?

Answer 0

1. Criminal Law or Public Law

2. Civil Law

Question 1

Law

Answer 1

Minimal acceptable standard of conduct in society

• principles & rules organized by society to control human conduct, avoid conflict bw individuals & bw individuals and government
• rules must be followed or citizens are subject to sanctions (legal consequences)

Question 2

What are the four main sources of Law?

Answer 2

1. Constitutional
2. Statutory (congress, fed govt, state legislatures)
3. Administrative (govt agencies)
4. Common (court)

Question 3

What are the 2 types of constitutional Law?

Answer 3

1. Federal Constitution- pre-eminent source of legal authority. All other laws and regulations are subordinate. Supreme court makes the final decision in interpretation and enforcement
2. State Constitution

Question 4

Explain the Bill of Rights

Answer 4

The first ten amendments to the constitution.

• Personal rights and freedoms outlined in the amendments to the constitution
• some rights are now recognized but not expressly defined in the Bill of Rights are derived from Supreme Court decisions

Question 5

Statutory Law

Answer 5

• laws created by congress and state legislatures are known as statutes
• organized in the United States Code (U.S.C0 by topic or titles
• Ex Title 9

Question 6

Administrative Law

Answer 6

Legislatures delegate responsibilities to government agencies
Ex: FDA, CMS, OSHA, MSOT
-agencies such as these fill in details left out by the legislature by creating regulations or rules
-further, they have enforcement and management roles

Question 7

Common Law

Answer 7

Judicial case law or common law involves decisions made by courts that create legal precedent.

Question 8

what is the meaning of state decisis?

Answer 8

to stand by a decision. Courts are bound to abide by decisions made previously by courts of equal or higher power. This provides consistency

Question 9

Name a few other sources of legal authority.

Answer 9

1. professional association practice standards or guidelines

2. Accreditation standards and guidelines

Question 10

Wt is jurisdiction?

Answer 10

The power or authority to interpret or administer the law

• States have broad jurisdiction over state matters such as family law, most criminal cases, and civil torts.
• Federal courts: limited jurisdiction; over issues specific to federal interests

Question 11

what is diversity jurisdiction?

Answer 11

diversity jurisdiction happens in civil cases with parties from different states

Question 12

How many court systems are there? how many of those are federal? state? district of columbia?

Answer 12

52 Court Systems

• 1 Federal
• 50 State
• 1 District of Columbia

Question 13

What are the Levels of Jurisdiction?

Answer 13

1. courts of Original Jurisdiction: u.s. district courts, stat trial courts
2. Courts of Middle Appeals: courts of appeal, state courts of appeal
3. Courts of final appeals: u.s supreme court; state supreme court

Question 14

What is appeal?

Answer 14

the losing party in a trial court may take the case to an appellate court

• the appellate court looks for mistakes of law
• the appellate court may reverse a court’s decision or “remand” it back to the trial court.

Question 15

What is due process?

Answer 15

Due process deals with fundamental fairness. Everyone should be treated the same under the law. Everyone should have the opportunity to challenge actions against them.

Question 16

What are the 2 types of Due process?

Answer 16

1. Substantive Due Process: whether a legal action or legislation is fair
2. Procedural Due Process: a person must be informed of the action against them and given the opportunity to respond to their case.

Question 17

What is criminal law and what is another name for it?

Answer 17

Criminal law is also called public law. It is brought by society against someone accused of breaking a criminal law

Question 18

What is civil law?

Answer 18

Civil law involves private legal actions called torts (wrongs).

Question 19

what is another word for tort?

Answer 19

A wrong

Question 20

What is the standard of proof for a criminal case?

Answer 20

• Beyond a reasonable doubt
• the burden of proof is greater
• the stakes for the defendent is higher

Question 21

What is the standard of proof for a civil case?

Answer 21

• preponderance of evidence (greater weight)

- burden of proof is lower

Question 22

What is the terms for culpability (guilt) of a criminal case?

Answer 22

-defendant is found guilty

Question 23

what is the terms for culpability (guilt) of a civil case?

Answer 23

-the defendant is found liable

Question 24

What are the remedies for a criminal case?

Answer 24

• incarceration sentencing
• monetary fines
• public records filed

Question 25

What are the remedies for a civil case?

Answer 25

• attempt to make the injured plaintiff whole
• restitution
• monetary damages
• special damages (out of pocket expenses)