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103 Cards in this Set
- Front
- Back
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Law
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the rules and regulations made and enforced by the government that regulate the conduct of people within a society
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Jurisprudence
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the study of law and legal philosophy
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A democratic government can/can't function effectively inless its laws are respected
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can't
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Four values in most laws
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moral
economic political social |
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7 goals laws seek to accomplish
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protecting basic human rights promoting fairness
helping resolve conflicts promoting order and stability promoting desirable social and economic behavior representing the wills of the majority protacting the rights of minorities |
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Everything that is immoral is also illegal (T/F)
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False
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Criminal Law
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Breaking criminal law can lead to jail, the violator being charged with a felony or misdemeanor, and a trial of the state/government against the person being charged
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Examples of criminal offenses
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murder
robbery assault minor theft |
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What is the more serious criminal charge?
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felony
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What is the more minor criminal charge?
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misdemeanor
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Define "Felony"
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a criminal offense of a more serious degree (goes on your permanent record)
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Noone is above the law (T/F)
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True
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What is the penalty for a felony?
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a term of more than one year in prison (366+ days)
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Define "civil law"
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if broken it results in loss of money of the individual or group of individuals that loses.
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What cases would a civil law cover?
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divorce
real estate contracts marriage neglegence consumer protection |
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Define "Misdemeanor:
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a criminal offense of a less serious degree (goes on your criminal record)
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Waht is the penalty of a misdemeanor?
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a term of one year or less (365- days)
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the burden of proof in a criminal case?
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proof beyond a reasonable doubt
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the burden of proof in a civil case
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preponderance of evidence
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What does proof beyond a reasonable doubt mean?
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if the jury (or judge in a case tried w/o a jury) has ANY reasonable doubt about the defendant's guilt, then it must not vote to convict
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What does preponderance of evidence mean?
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Whether there is more evidence against the defendent or for the defendent
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Define civil action
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a lawsuit brought by a person who feels wronged or ingured by another person
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define "defendant"
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person accused of committing the crime
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define plaintiff
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the person or company harmed (against the defendant)
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define prosecutor
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the government's attorney in a criminal case
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What is the difference between teh two burdens of proof?
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In a civil case, a defendant loses money
In a criminal case, teh defendent suffers jail time or loses their life |
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What does judicial review do?
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It enables a court to cancel any law passed by congress or a state egeslature that conflicts with the Constitution and it gives courts the power to declare executive action
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Waht are the reasons that a court can declare a law unconstitutional?
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1) the government passed a law which the constitution has not given it the power to pass
2) the government passed law that violates somebody's rights |
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Under the laws of a non-duty to act state, you must still do some minimal action if...
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you caused the situaiton
you have a relationship with the person it's your job |
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What are the four questions to ask to see if a law is a good law or not?
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Is the law clear and understandable?
Is the law enforcable? Does it contradict any other laws? Is the penalty unreasonable? |
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What is the Holding of a case?
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the legal answer to the question (Issue)
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What is the Issue of a case?
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the legal question which brings the case to court
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What questions make up the Issue of a case?
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Who is responsible for the situation?
How forseeable was the situation? What was the cause and effact(s) of the situation? |
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If an effect is so far removed from teh cause of a situation, then nobody is to blame? (T/F)
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True
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What are the three roles of a trial court?
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to listen to testimony
to consider evidence to decide the facts |
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What is the name of the party bringing and trying the legal action in a criminal trial?
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prosecutor
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What is teh name of the party bringing the action in a civil trial?
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Paintiff
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Explain the theory behind the adversary system
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The trier (judge/jury) will be more able to determine the truth if opposing parties persent two different points of view on the same set of facts.
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How does the inquisitional system differ from the adversary system?
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In the inquisitional system the judge is active in questioning witnesses and controlling the court process( gathering/presenting evidence)
In the adversary system teh judge keeps the trial legan and protects teh rights of the individuals present, leaving evidence gathering and witness questioning to the attorneys |
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hung jury
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when the people of the jury cannot reach a unanimous decision
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the plaintiff/defendant decides to have a jury in a ___case
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civil
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teh defendent decides whether to have a jury trial in a ___ case
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criminal
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three requirements for serving on a jury
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must be 18years old
must ba a us citizen must be a resident of the state |
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define "Voir Dire"
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when opposing lawyers question each prospective juror to discover the prejudices or preconcieved opinions concerning the case
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define dissenting opinion
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an opinion stating the reasons for which a judge disagrees with the majority's opinion
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under which circumstances would you ba allowed to appeal a case?
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error of law
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what is the highest court in the land?
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the US Supreme Court
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trial courts
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listen to testimony, consider evidence, and decide the facts in disputed situations and the evidence can be provided by witnesses called to testify in the case
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teh adversary system is a ___ between two opposing sides
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contest
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what are Allegations?
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unproven statements
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waht is a motion?
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an oral request
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Most civil cases result in out-of-court settlements or trials by judge (T/F)
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true
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Most criminal cases are brought to trial court. (T/F)
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No. Most are not brought to trial, but are disposed of by a plea-bargain
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what is a plea-bargain?
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a pre-trial agreement between the government (prosecutor) and the defendant
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In non-jury trials the judge...
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determines the facts of the case and renders a judgement
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in jury trials the judge...
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is required to instruct the jury as to the law involved in the case
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in criminal trials, the judge...
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sentances individuals convicted of committing crimes
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What is removal for cause?
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the requested removal of a juror by an opposing attorney when a juror appears incapable of rendering a fair and impartial verdict
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What is a preemptory challenge?
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The requested removal of a potential juror by an opposing attorney without stating a cause
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define petitions of certoriari
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requests of lower courts to send up its records
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How many Us Supreme court judges must agree to HEAR a case?
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4
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How many cases are appealed to the US USpreme Court every year?
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around 8,000
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Define Prededent
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the written decision/ruling issued when an appeals court decides a case
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define dissenting opinion
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a document issued separate from the majority opinion by an appellate court judge stating the reason that they disagree
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define concurring opinion
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a document written by judges in appellate courts who agree with the majority but for different reasons, that states those reasons
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How many Us Supreme court judges must agree to HEAR a case?
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4
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What is the purpose of courts?
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to uncover the truth
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How many cases are appealed to the US USpreme Court every year?
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around 8,000
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What happens at trial courts?
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This is where the case begins, evidence is introduced, witness testimony is presented, facts are weighed by the judge (in civil and criminal courts) and jury, and a decision occurs.
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Define Prededent
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the written decision/ruling issued when an appeals court decides a case
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A defendent can bring their case to an appeals court even if there is no decision made in the preceding trial court (T/F)
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No. Only if there has been a decision in the previous court will an appelate court take a case
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define dissenting opinion
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a document issued separate from the majority opinion by an appellate court judge stating the reason that they disagree
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State trial courts typically decide...
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state laws or state issues
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define concurring opinion
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a document written by judges in appellate courts who agree with the majority but for different reasons, that states those reasons
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there are __ state trial courts in Illinois
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2
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What is the purpose of courts?
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to uncover the truth
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What happens at trial courts?
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This is where the case begins, evidence is introduced, witness testimony is presented, facts are weighed by the judge (in civil and criminal courts) and jury, and a decision occurs.
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A defendent can bring their case to an appeals court even if there is no decision made in the preceding trial court (T/F)
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No. Only if there has been a decision in the previous court will an appelate court take a case
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State trial courts typically decide...
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state laws or state issues
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there are __ state trial courts in Illinois
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2
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Dupage county circuit court is the __ judicial circuit court
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18th
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Federal trial courts typically decide __ laws dealing with...
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federal
treaties, constitutional interpretation US Agencies citizens of different states |
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There are __ Federal US District Courts in Illinois
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3
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There are __ Federal US District Courts in the US
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94
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Appeal courts use no... and only...
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no new evidence
testimony witnesses jury transcripts from the trial court |
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What is error of law?
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wrong objections
poor jury instructions wrong evidence ruling (all are reversible errors) |
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What is error of fact?
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poor logic in deciding verdict
incorrect assessment of evidence believability of evidence |
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State appeals courts
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hear appeals from state trial court
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There are __ appeal divisions in Illinois
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5
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DuPage County always appeals to
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Illinois Appelate Court for the Second Appellate District
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Federal Appeals court
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hears appeals from federal trial courts
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The only federal trial court in Illinois is the
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US District Court for the Northern District of the State of Illinois
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there are __ different federal circuits
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13
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Illionis is in the __cicruit court of appeals
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7th
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State: There are __trial courts, __ middle appellate courts and __end appeals courts
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22, 5, 1
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Federal: There are __ trial courts, __ middle appeals courts, and __end appeals courts
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94, 13, 1
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There are _ members of the Supreme court
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9
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there are _ supreme justice, and __ associate judges
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1, 8
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How do you become a Supreme Court Judge?
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Nominated by president
No prior experience needed 2/3 senate approval |
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How long is one a Supreme Court Judge?
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Life
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Cases the Supreme Court Wants
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Constitutional Interpretation
National Policy/Social Issues Different lower federal trial and appeals court decisions any case involving "original jurisdiction" |
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What are cases involving original jurisdiction?
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cases between states, public embassadors, the US is a perty to the case, etc.
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what are the three times a judge can overule the verdict of a jury?
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excessive civil fine
failure to follow legal instructions decision is against manifest weight of the evidence |
