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51 Cards in this Set

  • Front
  • Back
Three Branches of Government
who they are & what they do
Judicial Branch – judges – review and interpret
Executive Branch – (enforce) president (government) - commander and chief of armed forces
Legislative Branch – congress and senate – make laws
Laws are used to
govern and give order in society (how we act)
Where do laws come from?
the constitution of the US and individual states
Why do laws come from the constitution of the US and individual stated?
because those documents give us our rights and responsibilities
If there is no “teeth” to the law,
there is NO law.
federal regulations that have been promulgated (declared official) by legislature
federal statutes created by
the federal government
example of federal statutes
workers rights, environment regulations
a law enacted by a city or town
when court hears case and makes decision and makes opinions, that is binding until higher courts go against it.
what is jurisprudence
[either or]
a: science of law
b: philosophy of law
why is juris prudence important?
helps judges and lawyers make decisions in complicated situations

A: Science of Law means
the mechanics of law; how does a court case happen/work

B: Philosophy of Law means
why do we have laws? what are the meanings behind it?
positive or legal formalism is a ..
rule and authority based system of laws
positive or legal formalism
is the theory that:
law is the set of rules adopted by the lawful authority which governs that nation
positive or legal formalism is based on:
precedent [prior court decision]
we base US jurisprudence on the basis that :
it is rule oriented, authority originated, & precedent originated

[*there are other theories]
criminal law is when someone
violates statute which was enacted by legislative
teeth of criminal law:
* defendant is put on books to protect society
* fines &/or imprisonment
all decisions to bring/drop/settle a case is brought forward by who?
the governement (prosecuter)

in PA is the Commonwealth of PA.
plea bargaining
decision to settle a case
State Crime
happens locally
Federal Crime
crimes against the nation

(ex: shipping drugs from one state to another, robbing a bank, counterfeiting money, robbing a post office.)
Civil Law means that there is no
no crime/ no indication someone broke the law
Civil law is the allegation
by person A that person B caused a loss or injury

ex: car accident, breach of contract
not guilty DOES NOT MEAN
you are innocent
2 kinds of
"Burden of Proof"
and what kind of law is with it?
CR - beyond a reasonable doubt
CV - Preponderance (majority) of the evidence
Beyond a Reasonable Doubt

(law & meaning)
CR - – the standard proof in a criminal case which requires the prosecutor to prove each essential element to the point where no member of the jury has any reasonable doubt as to its existence
Beyond a Reasonable Doubt is the burden who has ?
the government has when prosecuting a criminal case
Beyond a Reasonable Doubt has to have more or less lean that Proponderance of the Evidence?
why does there have to be more of a lean of evidence for a CR than CV
because the defendant's life and liberties are on the line.
penalties for a CV case are
monetary or material in nature
penalties for a CR case are
life or death; the ability to have your liberty taken away from you
Preponderance(majority) of the evidence (POE)
than half (significantly less than CRIMINAL)
CR or CV Case?

CR or CV Case?

Substantive law
legal principles (why someone can be arrested or sued)
procedural Law
legal rules (how someone can be arrested or sue)
Actions "At Law"
monetary damages (someone sues another for money)
Actions "In Equity"
plaintiff asking court to order other party to do something or not do something
Specific performance

(what kind of order and what does it do?)
equitable order; directing defendant to fulfill terms of
the contract
local rules and regulations enacted by authority
Statutory Interpretation is performed only by
courts and nobody else
Statutory Interpretation means to
interpret laws enacted by legislature when exact meaning of law is not perfectly clear and cannot be used in every situation
Commerce Clause:
Congress shall have power to regulate commerce among the states (business actions & transactions) when there are multiple states involved
Commerce Clause

Art. 1, Sec. 8
Commerce Clause prohibits states from
overacting laws that discriminate against or unduly burden the interstate flow of commerce from articles of business
legal theories that arise from precedents.
"let the decision stand"
STARE DECISIS is the decision
by higher court in previous case must be followed by lower court in that jurisdiction.