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Law Education > unit one test review > Flashcards

unit one test review Flashcards

1
Q

criminal laws

A

regulate public conduct and set duties owed to society

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2
Q

felony

A

serious crimes, charged with more than a year

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3
Q

misdemeanor

A

a year or less (assualt, etc)

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4
Q

civil laws

A

regulate civil action

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5
Q

civil action

A

claim against another individual

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6
Q

defendant

A

person on trial

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7
Q

plaintiff

A

no prosecutor in civil court because it’s between individual citizens, person who brought the charge

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8
Q

prosecutor

A

lawyer for the government

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9
Q

beyond a reasonable doubt

A

if the jury/judge has any reasonable doubts about guilt then they must vote not to acquit

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10
Q

preponderance of evidedence

A

needs only to decide it is more likely than not the plaintiff’s complaint is true

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11
Q

limited government

A

fundemental notion in constitution

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12
Q

separation of powers

A

division of powers among the executive, legislative, and judicial

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13
Q

statutes

A

legislative branch, basic laws

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14
Q

checks and balances

A

to keep each branch in line

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15
Q

veto

A

president’s power to veto or refuse to approve laws

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16
Q

unconstitutional

A

courts can declare a law unconstitutional

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17
Q

judicial review

A

enables a court to declare unenforceable

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18
Q

federalism

A

division of power between the state and government rights

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19
Q

bill of rights

A

first 10 amendments of the constitution

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20
Q

supremacy clause

A

fed/national laws are supreme to state laws

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21
Q

bills

A

proposal of a law

22
Q

legislative intent

A

what the lawmakers want the law to do

23
Q

precedent

A

cases that have happened to use as examples

24
Q

advocacy

A

active support for a case

25
Q

initiative

A

voters propose a law through petition

26
Q

referundum

A

voters decide on a legislative act directly

27
Q

recall

A

removal of elected officials

28
Q

lobbying

A

process of convincing lawmakers to vote a certain way

29
Q

trial courts

A

hear testimony, consider evidence, and decide facts

30
Q

plaintiff

A

party bringing legal action

31
Q

prosecutor

A

state/government initiates case and serves as this

32
Q

defendant

A

party responding to plaintiff

33
Q

adversary system

A

parties represent to an impartial judge/jury (protectionof rights is most important)

34
Q

inquisitional system

A

judge plays active role in gathering/presenting evidence (europe and asia) (pursuit of truth is most important)

35
Q

plea bargain

A

ongoing, can happen up to trial

36
Q

voir dire

A

jurors are assigned to cases after this, to speak the truth

37
Q

removal for cause

A

opposing attorney can request removal of jurors if partial

38
Q

peremptory challenges

A

“wild cards”. have jurors removed without cause, limited amt of these

39
Q

appeals court

A

majority opinion, decision of the court with dissenting opinion states reasons why

40
Q

error of law

A

if umpire calls you out on 2 strikes-error of law
says the ball is over the plate when it’s not-error of facr

41
Q

dissenting opinion

A

states reason for disagreement

42
Q

concurring opinion

A

agree but for different reasons

43
Q

probate courts

A

courts handle cases involving wills and claims against the estates of persons who die with or without a will

44
Q

due process of law

A

14th amendment, no state can deny a person of life, liberty, or process without this

45
Q

petitions for certiorari

A

to be informed of, appeal former case, have to est. error of law

46
Q

state decisis

A

must follow precedent

47
Q

bar associtions

A

organization that regulates licensing and conduct of lawyers

48
Q

retainer

A

fee you pay for lawyer’s service

49
Q

contingency fee

A

based on how much you win (30-50%) goes to lawyer

50
Q

attorney client privilege

A

information passed between the two parties. info is confidnetial so the lawyer can defend client to the best of their abilities

51
Q

disbarred

A

violated the practice of being a lawyer , ethical, criminal, etc

52
Q

legal malpractice

A

if you can prove that the lawyer didn’t do things they should’ve, you can sue them

Law Education (4 decks)

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