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44 Cards in this Set
- Front
- Back
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Private law vs public law |
Private law affects individuals in society or is a relationship with private enterprises |
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Writs |
Complaints or label you put on legal action |
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Remedies |
Put people back in the position before they had been wronged |
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Statues |
Written down Codes |
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*What party needs to show the burden of proof? (Adversarial legal system) And why? |
Prosecution aka the initiating party Because otherwise the state(which has more resources) is too powerful. The defense could say nothing and still win |
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**Contrast Civil law to Criminal law |
-Civil law is concerned w/ civil right and civil duties and their enforcement. -All legal questions that do not involve crimes are civil law. Civil law deals w/ non criminal wrongs ex: divorce,torts. -Preponderance of evidence(50% + a drop) is needed -Is the person liable?! Criminal law: -Criminal law is an offense against the public -Beyond Reasonable doubt |
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Plaintiff |
Person accusing in a non criminal case |
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Prosecuter |
Person accusing in a criminal case |
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Person accusing in a noncriminal case is called... |
Plantiff |
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Person accusing in a criminal case is called... |
Prosecutor |
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**Compare Adversarial legal system to the Inquisitorial system |
look at notes |
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on one side we have rule of law on the other ________ |
absolute discretion |
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6th amendment rights |
-trail by jury -right to confront ones accuser -right to a speedy trail |
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**What does Due Process require? |
1)Notice: People need to know what the laws are. -no ex post facto laws. - Vaugeness doctrine 2)Hearing: one has the right to say their defense before an impatial tribuel before being subject to some penalty (6th amendment) 3)Legal Equality: laws be applied equally in like situations |
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10th amendment |
the powers not delegated to the state by the Constitution are reserved for the people |
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What is a Constitution? |
-establishes a body politic -identifies those whom the constitution was created - writes fundamental values -writes Basic Structures -identifies the legitimate powers of gov -amending law |
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Convent |
God a witness to an agreement |
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Article I of the Constitution |
Article 1: Powers of the legislative branch. Congress controls $ |
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Article II of the Constitution |
Article 2: Powers of the executive branch -power to grant pardons -make treaties -call congress into secession |
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Article III |
Article 3: Judaical Branch -appt. for life -salary cant decrease |
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Article IV |
Article 4: Relationships -All states treated the same -all states must be Republican |
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Article V |
Article 5: Amend |
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Article VI |
Article 6: Authority of the Constitution itself -Responsibility for debt -oaths |
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article VII |
Article 7: Ratification |
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Jurisdiction |
Authority of a court to hear and decide a case |
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Amendments and last two days of class must be covered |
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English influences on the American Constitution tradition |
A. Chartres, petitions, and enactments 1. Magna Carta 2. Petition of Rights 3. English Bill of Rights 4. Act of toleration B. Common Law ex: right to reasonable bail, Miranda rights C. Ecclesiastical Models of Governance ex: Congregation, rule by congregation |
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Common Law |
Originated in England. Precedents Stare decisis "Stand by the decision" |
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Equity |
A branch of Common Law developed in the middle ages. -common law=inflexible. Therefor Equity courts created to operate at their discretion |
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Civil Law |
Roman law later Canon Law Written codes or statues |
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Where does Common law come from? |
1. Christianity 2. Custom 3. Precedent 4. Principles from charters, petitions and enactments -Sir Edward Coke -Norman Origans -Sir William Blackstone: Commentaries on the law of England, |
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Commerce Clause |
Congress can regulate local (non-interstate) economic activities if they are part of a class of activities that do have an impact on interstate commerece |
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"Supremacy Clause" |
In article 6, Congress has the power to make all laws necessary and proper for carrying into execution the powers rested in the Constitution. Aka power to enforce laws. Judges can not apply statutes under the Supremacy clause, if this happens the Judges must decline Jurisdiction. |
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4th amendment |
no unreasonable searches or seizures --this originated from Common Law |
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Article 3 pyramid |
Us Supreme court Us circuit Court of Appeals Us District Court |
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Small Claims Court |
-Orginated in 1900s because of an influx of pepole living in the city. -doesnt have a jury -most of the time no lawyers to keep the cost down -no court reporter |
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Real vs personal property |
real = land or things on land personal= rings, family jewels fee absolute: greatest level of ownership one can have over property |
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Dormant Commerce Clause |
States can not regulate in a way that hurts a sister state. Ex: New Jersey dumps trash in a landfill but wont let Pennsylvania do the same thing in Jerseys landfill |
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William the Conquer |
1066, Common law begins, Norman invasion of England. French becomes the language of the courts |
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Popular Soverignty |
authority rests in the people |
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substantive law |
the rules and regulations themselves |
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procedural law |
the process for implementing the law |
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Jurisdiction authority over the parties and authroity to hear the case |
Supreme court can not interperat state consitution. Not always final authroity |
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federalism seperation between national gov and state and local gov |
Blackstone commentaries on the laws of England. Writing down common law. 1760s!! on the threshold of american independence. |
