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39 Cards in this Set
- Front
- Back
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What is "the law"? |
-Body of principles that society establishes to keep things running smoothly -The order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them |
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Where do our rights flow from? |
The Constitution (federal and state), statutes, local ordinances(cities, counties, and boroughs) |
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What type of jurisdiction do state trial courts have? |
General |
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Who files the answer to the complaint in a civil case? |
The defendent |
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What is the person who initiates a lawsuit in a civil case called? |
The plaintiff |
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Duty |
-Rights can exist only with a corresponding duty -A duty is an obligation of law imposed on a person to perform or refrain from performing an act |
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Right |
-Rights guaranteed by the constitution cannot be taken away without due process of law -Legal capacity to require another person to perform or refrain from an action |
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What law requires that a sheriff get a search warrant to search your home? |
The 4th amendment: The right to secure against unreasonable searches and seizures by the government (right of privacy) |
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What are the "sources" of American law? |
State constitutions, statues, and court decisions |
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How is statutory law created? |
-Through congress, state legislature, local government -Statutory law: legislative acts declaring, commanding, or prohibiting something (Ex: Securities Act of 1933 or the Sherman Antitrust Act) |
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What is a constitution? |
A body of principles that establishes the structure of government and the relationship of the government to the people who are governed |
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Do administrative regulations have the same force of law as statues? |
Yes - Rules made by state and federal administrative agencies For example: most rights related to wages, hours worked, and overtime pay have been promulgated by the Department of Labor. These regulations generally have the force of statues |
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Who establishes a court tribunal? |
The government - A court is a tribunal established by government to hear evidence, decide cases brought before it, and, provide remedies when a wrong has been committed. |
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The power given to courts to hear certain types of cases is called what? |
Jurisdiction - The power of a court to hear and determine a given class of cases; the power to act over a particular defendant |
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What is "substantive" law? |
-Creates, defines rights and duties, and regulates -The law that defines rights and liabilities |
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Original jurisdiction courts are generally what type of courts?? |
Trial |
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What is a deposition? |
(All of the above) Testimony of witness taken under oath conducted outside the courtroom can be used to impeach witness |
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What is voir dire?
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Jury selection |
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What can appellate courts do? |
(multiple choice) Affirm or reverse the ruling of a trial court |
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What are the situations where a federal district court can hear cases? |
(All of the above) 1. Where the U.S. is a party 2. Citizens from different states with damages over $75K 3. Matters of the U.S. Constitution, Federal Laws, or treaties |
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What are considered alternative means of dispute resolution? |
-Arbitration, mediation, minitrials, etc -NOT A CIVIL LAWSUIT |
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What is a mediator? |
Go between or messenger between opposing sides of a dispute, carrying to each side the latest settlement offer made by the other. The mediator has no authority to make a decision, although in some cases the mediator may make suggestions that might ultimately be accepted by the disputing parties. |
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How are the Court of Appeals grouped together? |
Geographically into 12 circuits - including a 13th circuit (The Federal Circuit - hears certain types of appeals from all the circuits, including specialty cases such as patent appeals) |
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When can the Supreme Court hear cases; what kind of court is it? |
(All of the above) 1. Final court in federal system 2. Court of appellate jurisdiction 3. Writ of certiorari - order of the U.S. Supreme Court granting a right to review by the court of a lower court decision |
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State courts are courts of general jurisdiction and can hear both civil and criminal cases |
True (General trial courts - have general and original jurisdiction) |
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In what situation does a university have a right to access a student's computer? |
In an emergency |
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When can a court declare a mistrial? |
When there is a Juror or Lawyer misconduct or when necessary to avoid great injustice |
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When are attorney's fees recoverable to the winner of the case? |
If parties have agreed to it contractually |
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Complicated cases are generally heard by the full panel of judges as opposed to the usual three judges (Court of Appeals) |
True - En banc: the term used when the full panel of judges on the appellate court hears a case |
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How many constitutions are in force in each state |
Two - The U.S. and State (true) |
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Both Congress and state legislatures can enact statutory law |
True |
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Administrative regulations are a type of law |
True - they have the force of statues |
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What do "precedent" and stare decisis mean? |
Precedent - A decision of a court that stands as the law for a particular problem in the future (the court relies on previous decisions) Stare decisis - "let the decision stand"; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future (not cast in stone, judges have some flexibility) |
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An injunction is an example of an equitable remedy |
True |
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Are law courts and equity courts separate? |
No - equity: the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England |
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What are appropriate ways to collect on a judgement? |
Garnisment |
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Is the right to privacy specified in the Constitution? |
No |
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What happened in the Yates case? |
The court found material error and determined a new trial was needed (Answer is false) |
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Is a party's right to remove a juror for cause unlimited |
yes |
