The Americal Legal Systen Flashcards

0
Q

What are the 2 basic subsystems of law?

A
  1. Criminal Law or Public Law

2. Civil Law

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1
Q

Law

A

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)
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2
Q

What are the four main sources of Law?

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

What are the 2 types of constitutional Law?

A
  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
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4
Q

Explain the Bill of Rights

A

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
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5
Q

Statutory Law

A
  • 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
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6
Q

Administrative Law

A

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

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7
Q

Common Law

A

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

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8
Q

what is the meaning of state decisis?

A

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

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9
Q

Name a few other sources of legal authority.

A
  1. professional association practice standards or guidelines

2. Accreditation standards and guidelines

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10
Q

Wt is jurisdiction?

A

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
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11
Q

what is diversity jurisdiction?

A

diversity jurisdiction happens in civil cases with parties from different states

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12
Q

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

A

52 Court Systems

  • 1 Federal
  • 50 State
  • 1 District of Columbia
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13
Q

What are the Levels of Jurisdiction?

A
  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
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14
Q

What is appeal?

A

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.
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15
Q

What is due process?

A

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.

16
Q

What are the 2 types of Due process?

A
  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.
17
Q

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

A

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

18
Q

What is civil law?

A

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

19
Q

what is another word for tort?

A

A wrong

20
Q

What is the standard of proof for a criminal case?

A
  • Beyond a reasonable doubt
  • the burden of proof is greater
  • the stakes for the defendent is higher
21
Q

What is the standard of proof for a civil case?

A
  • preponderance of evidence (greater weight)

- burden of proof is lower

22
Q

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

A

-defendant is found guilty

23
Q

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

A

-the defendant is found liable

24
Q

What are the remedies for a criminal case?

A
  • incarceration sentencing
  • monetary fines
  • public records filed
25
Q

What are the remedies for a civil case?

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