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63 Cards in this Set
- Front
- Back
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Defendant |
In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime. |
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Affirmative defense |
a defense whereby the defendant offers new evidence to avoid judgement. |
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Common Law |
Body of law that has evolved from judicial decisions in cases that do not involve constitutional, statutory, or administrative regulation interpretation. |
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Plaintiff |
A person who initiates a lawsuit |
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Administrative Law |
Rules and regulations created by administrative agencies |
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LAW |
the types of conduct that are either prohibited or required. |
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Legislative Branch |
Makes Laws |
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Executive Branch |
Enforces Laws |
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Judicial Branch |
Interprets Laws |
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Separation of Powers |
Describes the division of power among the legislative, executive and judicial branches |
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Checks andBalances |
Guard against concentration of powers in the same department |
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Congress |
Makes laws; but President can veto |
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Executive Branch |
Administers laws; but congress allows for funding |
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Federalism |
The constitution divides power between the national government and the states |
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1st Major Function of Constitutional Law |
Establish a governmental organizational structure |
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2nd Major Function of Constitutional Law |
Protect individual rights from governmental overreaching |
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Bill of Rights |
The first 10 amendments- Freedom of speech, privilege against self incrimination, freedom of religion, etc. |
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Supreme Law of the Land |
The Constitution |
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Judicial Review |
The court's power to review statutes to determine if they conform to the federal or state constitution
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Final arbiter of what the state constitution means |
The supreme state court
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Statutes |
Laws enacted by Congress (Federal) or State Legislature |
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Rules that govern future conduct |
Statutes and ordinances |
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Title VII of 1964 |
Civil Rights act makes it unlawful for employers to discriminate based on sex |
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Administrative Law |
created by administrative agencies |
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Enabling Act |
A statute that create the agency |
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Regulations |
Created by administrative agencies and directed toward a special group and narrowly drawn |
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Structure of an agency |
Set by the Legislature |
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EPA |
Environmental Protection Agency |
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EEOC |
Equal Employment Opportunity Commission |
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OSHA |
Occupational Safety and Health Administration |
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IRS |
Internal Revenue Service |
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Fourth Branch of Government |
A term referring to Administrative agencies because they combine legislative, executive and judicial functions |
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Common Law |
Judge made laws; laws created by courts |
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Federalism |
Governing authority is split between a single national government and several regional governments (ie states) |
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Federal Law is used when a client's problem involves: |
U.S. Constitution (right to bear arms) Federal statute (eg internal revenue code or the federal code of civil procedure) Regulation of a federal agency |
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Federal Issue or Federal Question |
When a client's problem involves either: The US Constitution A federal statute, or a regulation of a federal ageny |
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Preemption |
The power of the federal government to preven the states from passing conflicting laws and at times to prevent the states from passing any laws on a particular subject. AKA "Doctrine of Preemption" |
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"Gap Filler" Legislation |
Exception to Federal governments power: Legislation that is allowed even in areas preempted by federal law. States can enact laws that don't conflict with federal law nor unreasonably burden interstate commerce |
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Civil Harm |
Crime against an individual |
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Criminal Harm |
Crime against Society |
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Names of parties in Civil suit |
Usually between individuals but governmental units can become plaintiffs too |
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Names of parties in Criminal suit |
Government attorneys prosecute the accused party, defendant on behalf of the state, people or commonwealth Prosecutors aka district attorney, states attorney, attorney general |
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Standard of Proof
Civil preponderance of the evidence |
Proof must indicate that it is more likely than not the defendant committed the wrong |
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Standard of Proof
Criminal beyond a reasonable doubt |
The proof must be so conclusive and complete that all reasonable doubt regarding the facts are removed from the jurors minds |
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Sanctions/Remedies Civil |
Damages- defendant pays plaintiff for harm done Injunction-court orders the defendant to take some specific action or to cease acting in a specific way. |
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Sanctions/Remedies Criminal |
Loss of liberty - unsupervised probation to death Financial Penalty - fines or restitution |
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Punishment for Felonies |
punishment of one or more years in prison |
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Punishment for Misdemeanors |
generally, if incarcerated then less than 1 year in jail |
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Prima facie case |
Criminal case it is the elements of the prosecutions case In civil case, it is the plaintiff's cause of action |
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Bad act |
Actus Reus (different acts give rise to different crimes) |
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Bad Intent |
Mens Rea (different types of intent give rise to different crimes |
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Sovereign Immunity |
Prevents people from suing the government |
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Compensatory Damages |
compensate for harm done eg cost of medical bills, pain and suffering |
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Punitive damages |
Punish the defendant and serve as a warning to others |
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Substantive Law |
Defines our legal rights and duties (eg obey speed limits) |
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Procedural Law |
Rules that govern how the legal system operates |
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Statute of Limitations |
The prescribed time in which a lawsuit must be file before the right to bring it is lost. |
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A cause of action based on negligence |
Duty, Breach, Causation, and Harm |
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Court Clerks |
Responsible for keeping the court files in property condition and ensuring that the various motions filed by lawyers and the actions taken by judges are properly recorded |
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Head Cleark |
Responsible for running the central records section of the courthouses; his or her assistants are assigned to sit in on the actual courtroom proceedings |
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Court reporter |
Prepares verbatim transcripts of courtroom proceedings. Most reporters use a stenotype machine rather than the shorthand. |
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Baliffs |
Responsible for maintaining order in the courtrooms. They are also responsible for watching over the juries when they are in recess or when they are kept in isolation |
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Sheriffs and Marshalls |
Serve as officers of the court. They serve summonses and other documents, collect money as required by court judgments and otherwise help in carrying out the court's orders |
