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32 Cards in this Set
- Front
- Back
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who initiates legal action in a civil lawsuit
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injured person (plaintiff)
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who initiates legal action in a criminal lawsuit
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the government
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what is the primary objective of the legal action in a civil lawsuit
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compensation for injury by the defendant
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what is the primary object of the legal action in a criminal lawsuit
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retribution or rehabilitation
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what happens if you lose a civil lawsuit
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you pay money
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what happens if you lose a criminal lawsuit
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you go to jail or undergo some form of mobile restriction
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how must you initiate the burden of proof in a civil lawsuit
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by a preponderance of the evidence (more likely than not)
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how must you initiate the burden of proof in a criminal lawsuit
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beyond a reasonable doubt
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what is the manner of expressing the verdict in a civil lawsuit
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liable or not liable to pay money
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what is the manner of expressing the verdict in a criminal lawsuit
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guilty or not guilty
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what are the two distinct bodies of the legislative branch
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the house of representatives and the senate
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what are the requirements for being a united states senator
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30 years of age, citizen of united states for 9 years, resident of the state of represenation
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what are the requirements for being a congressperson
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25 years of age, citizen of the united states for 7 years, resident of the state of representation
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what are the requirements to be president
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35 years of age, natural born citizen of the united states, resident of united states for 14 years
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what is the mission of the judicial branch
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to interpret the law
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what are the three levels of federal courts
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district court, courts of appeals, united states supreme court
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what is common law
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a source of state law in which the judge will decide their ruling based on previous cases and their outcomes
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what are the two levels of lower courts that congress created
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courts of appeals and district courts
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how does the courts of appeals work
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there are no trials and juries, and their only job is to look for reversible error of law
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what is certiorari
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what you must file for if you wish to have your case reviewed by the supreme court
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what two types of cases does supreme court most often review
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cases that raise federal question and cases that involve a "split in the circuits"
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what types of cases does the federal court have jurisdiction to hear
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cases involving federal law and cases involving citizens of different states where the amount in controversy exceeds $75000
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what are the primary forms of alternate dispute resolution
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negotiation, mediation, and arbitration
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what is absolutism
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any set of ethics that is based on rules, these rules are considered moral regardless of perspective or dilemma
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what is consequentialsim
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the ethical theory based on consequences, it states that in considering what action is ethical, the only thing that matters is its consequences
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what is deontology
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the ethical theory that states that an action can be determined ethical regardless of its consequences
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what is virtue ethics
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the ethical system concerned with the development of character traits
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what is ethics of care
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the ethical theory that places its emphasis on human interaction, a decision is ethical based on how well is promotes human relationships
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what does rule 401 of the federal rules of evidence define as relevant evidence
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evidence having the tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probably than in would be without the evidence
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by what means can jurors be legitimately removed from a jury
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for cause and peremptory (limited number, juror can be removed for any reason)
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what is the commerce clause
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power of congress to regulate those activities having a substantial relation to interstate commerce
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what is statutory law
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the body of law that congress creates
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