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44 Cards in this Set
- Front
- Back
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What is Jurisdiction?
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The granted authority to a legal body or political leader to make lawful decisions within a defined area of responsibility
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What are the state and federal powers?
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State - Reserved Powers, powers that are specifically reserved to state as written in the constitution
Federal - Enumerated Powers, powers that are granted to the federal government as written in the constitution. (art. 1 Section 8) |
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What is the Supremacy Clause?
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Federal Law always overseas state law
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What is Police Power?
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The capacity of a state to regulate behaviors and enforce order within its territory.
Often framed in terms of public welfare, security, morality, and safety |
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What is the Commerce Clause?
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Powers Granted to the US National Government to regulate commerce with foreign nations, among the states, and with the Indian tribes.
*allows the Gov't to make divisions like the DEA to regulate anything that deals with the movement of anything between boundaries |
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Any Case begins where? and what is determined?
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Trail level courts
There is a determination of facts |
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In the Federal System how many circuits of appeals do we have?
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13
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What is Case Law?
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Law that is generated by the interpretation of law through cases held in the appeals court (applet court).
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The Federal Court System handles what kinds of cases?
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Cases that are within its jurisdiction and only its jurisdiction.
Civil Rights, Copyrights, Bankrupt, and Antitrust cases (all civil federal cases) |
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Why don't we uphold the establishment clause regarding "one nation under god"?
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Because that case law was derived in the 9th circuit appeals court, and we are in the 6th circuit.
Thus, We are not under the jurisdiction of the 9th circuit. |
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How many supreme judges must vote for an appeal to be herd in the Supreme court?
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4 out of 9
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The State Court System, what are the different levels of the court system?
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Lower level - "District Courts"
Upper Level - "County/Circuit Courts" In State Law Circuit courts are trial level courts where as in federal law circuit courts are appeals courts |
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What is the Jurisdiction of District courts in Michigan?
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Misdemeanor cases if criminal and civil cases regarding damages Less Than $25,000
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What is the Jurisdiction of Circuit courts in Michigan
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Felony Cases if criminal and Civil cases regarding damages Greater Than $25,000
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What is a Criminal Case?
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Cases that regard crime and punishment
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What are Civil Cases for?
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To help solve disputes peacefully
-Usually people sue for money or an Injunction (an order to stop action) |
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What is a Plaintiff?
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The party bringing the case to court.
The plaintiff holds the burden of proof |
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What is a Defendant?
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The party being sued
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How do we classify Misdemeanors and Felony's?
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1 criteria - Length of punishment
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What is a Misdemeanor?
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A crime for which punishment is Less Than 1 year
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What is a Felony?
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A crime for which punishment is Greater Than 1 year
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What is Venue?
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The significant location of an event.
ex. A law Civil Suit >$25000 that happened in Washtenaw county. The plaintiff is from Wayne county, defendant from Ingham. The jurisdiction is the State Circuit court, the Venue would be the Washtenaw county court. |
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What is Burden of Proof?
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A certain percentage of certainty that is needed to prove someone guilty.
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What is the percentage of proof/standard needed to convict someone in a criminal case?
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Beyond a Reasonable Doubt
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What is the proof/standard needed to convict someone in a civil case?
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Preponderance of the evidence
(who is right or wrong) |
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What is Arbitration and some of its factors?
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The settling of a case outside of court without a judgment.
-Both sides must agree to arbitrate -No jury is allowed to sit in |
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What is the statute of Limitations?
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A time limitation, a time frame, in which a plaintiff can actually bring upon a suit.
~6 years (in a civil case) |
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What are Jury Instructions?
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a set of legal rules that jurors should follow when the jury is deciding a civil or criminal case.
ex. The judge will say if you believe "A" set of facts then you must reach "X" verdict, If you believe "B" set of facts you must reach "Y" verdict. |
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Who carries the Burden of Persuasion in a civil case?
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The plaintiff
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Who carries the Burden of Persuasion in a Criminal Case?
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The prosecutor
(in criminal cases the defendant is innocent until proven guilty) |
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In criminal cases what doesn't have a statute of limitation?
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Murder
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What are the 3 types of law that are brought up in cases?
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1) Contract Law - disputes over contracts
2) Tort Law - Civil disputes 3) Statutory Law - discrimination upon statutory right |
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What are the 3 types of Discovery?
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1) Depositions - the collection of data through the interrogation to determine facts
2) Interrogatories - Submission of ?'s written out in advance, to be answered under oath 3) Request for documents "Subpoena Power" |
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How do the rules of relevance and hearsay play into jury decisions?
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Relevance - Only facts giving a direct bearing on the ruling of a case can be used
Hearsay - Out of court statements offered in court cannot be used as legit evidence |
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What are the 3 elements of a Contract?
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Competent Parties - 2 or more parties that are able to enter an agreement. (mentally impaired and minors are NOT competent)
Consideration - Where both parties are getting something in exchange for something else Mutual Assent / meeting of the minds - Both parties must be agree upon the terms and have a clear understanding. |
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What is the Statute of Frauds?
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A list of 6 types of contracts that MUST be in writing in order to be upheld. (to prevent fraudulent cases)
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What are the 6 types of Contracts that are included in the Statute of Frauds?
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1) Contracts for sale of goods > $500
2) Contracts for sale of services > $5000 3) Contracts in marriage (prenuptial agreement) 4) Debts of another person (cosigner) 5) Contracts that cannot be fully performed within 1 year or less 6) Contracts regarding interest in real property |
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What does Lawful Imply?
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That whatever is being conducted is legal and enforceable under law
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What is Breach of Contract? and what are the 2 requirements?
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When one party does not preform up to the standards of another party
1) is there non-performance under contract? 2) Where one party does not meat REASONABLE EXPECTATIONS of another party |
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What are the 3 possible outcomes when there is a breach of contract?
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1) Damages
2) Specific Performance 3) Injunction |
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What are Damages?
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Usually a dollar amount that is required to fix the wrong doing in the contract.
(what ever it takes to fulfill the contract) |
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What is Specific Performance?
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A form of equitable relief that a court orders one party to comply with a definite and certain performance under contract
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What is an Injunction?
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A court order to stop someone from doing something
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What is the max interest rate a person can charge another person for borrowing money?
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5%, But when entering upon land contracts up to 11% interest may be charged
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