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20 Cards in this Set
- Front
- Back
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*What are the 3 levels of federal courts?
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From lowest to highest: District courts, courts of appeal, US Supreme court
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What are the other 2 federal courts that can appeal straight to the supreme court?
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Court of appeals for armed services, state supreme courts
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So where would you bring a malpractice suit at the federal level?
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District court
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What is the punishment in a criminal case? Civil case?
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Restriction on liberty. Civil = Damages
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What is the burden of proof in a criminal case? Civil case?
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Beyond a reasonable doubt. Civil = preponderance of the evidence
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What does a criminal law typically deal with? Civil law?
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Broken laws, crimes & punishment, harm to society. Civil = everything else, individual harm (not covered under criminal law- rape is criminal tho individual)
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What is real property? Civil property?
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Lands and things fixed permanently to it (status of mobile homes on wheels differ from state to state) Civil is everything else.
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What is a system of rules that defines socially acceptable behavior and sets punishment for violations?
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Law
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*What are the 2 types of civil law?
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Contracts and torts
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*What is a contract?
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A legally binding agreement
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Can a gift fall under contract law
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No- a contract involves something of value for something of value
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**What is a tort?
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A noncontractual civil wrong committed against a person or his/her property for which a court may award a remedy in damages
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Can a defendant be punished with prison in a civil case?
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No – civil punishment is in damages.
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What does constitutional law entail?
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Constitution & its interpretation
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What does statutory law deal with
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Statutes = laws enacted by a legislative body
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*Who enacts statutes?
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A legislative body
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*How do you recognize a statutory law?
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ACT – Federal Tort Claims ACT
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*What is one major statutory law that is not called an act?
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UCMJ
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What is common law
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Judge enacted law, or case law
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*How do you recognize a common law?
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The “v.” (it’s a case) Schloendorff v. Society of NY hospital, Roe v. Wade, Matter of Quinlan
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