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51 Cards in this Set
- Front
- Back
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Law
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Rules and regulations that keep society orderly
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Public Law
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the legal relationship between a government and its people
i.e. when a government sues a citiizen |
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private law
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deals with individuals
i.e. when a business sues a person and vice verza.- usually looking for a monetary remedy |
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Civil
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addresses the rights that we as citizens have
ie. contract breaches |
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Criminal
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when there is a wrong committed against another citizen
seeking a punishment, usually a fine or jail time |
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4 categories of criminal law
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violation-speeding ticket, no jail time
misdemeanor- up to 12 months and up to $500 fine felony- 1 yr or more in prison capitol offense- if convicted= dealth penalty but must also have an aggrivated offense (rape+murder) treason- aiding the enemy or declare war on US. =death penallty |
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burden of proof
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in criminal and civil law the prosecutor must find the proof to make the person innocent/guilty beyond reasonable doubt
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Preponderance of Evidence
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more likely than not, not everyone has to agree. must be at leasat 50%
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substantive law
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creates the laws that everyone has to comply with
- known as the 'black letter law' |
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Procedural law
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laws that enforce the substantive law.
ie. what evidence can be brought into the court statute of limitations- how long you have to sue someone before the claim is void |
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Common law
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made by judges, supreme court,and also is based on history
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statutory law
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made by legistlators
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KRS
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Kentucky revised statutes
-revised every 2 years |
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Law vs Equity
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derived from the king's court in England
when the kind couldn't figure out some situations, he handed the cases to his chancellor i. known as equitable remedies ie. remedies that were equal to the kings decision |
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4 purposes of law
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gives us structure
influeces behavior give us expectations promotes equality |
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characteristics of law
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must be flexible as society changes
consistent- ensure that the law is enforced evenly |
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sources of law
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statutes- made by legislators
case law- from previous cases (90% of all laws) executive orders- our president, governor can make laws that can be enforced pocket part- updated pamphlets put in the back of legal books the constitution |
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ethics
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these are standards that are higher than laws
i. what society expects based on fairness and justice |
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trial court
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present case to judge OR jurty
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bench trial
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no jury, just judge aka divorce claims
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jury trial
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with jury and judge
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trial
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witnesses are brought in, and a decision must be made
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appellate courts
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you appeal to this court if you believe there was a mistake made, no new trials will be given. they then publish the opinion and it is known as case law.
attorney's f ile a brief saying what was done wrong and they use past cases to support their decision both attornies get to prove their point case is not published unless they feel the same situation may occur in future |
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Reversal Error
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overturned what the trial court ruled
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harmless error
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there was a mistake in the preceedings but it did not affect the outcome of the case
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remand it back
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make a decision they didnt make
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affirm
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judge was right/ right ruling was made
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starrie decicis
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let the decision stand
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precedent
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the ruling was made and we are going to keep it
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plaintiff
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files the suit, you are the petitioner
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defendant
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your being sued
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judge selection process
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they are appointed and the nrun for election, if elected they are appointed for life in the federal system
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district court
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court of limited jurisdiction and authority
ie civil cases less than 7000, small claims of 1500 |
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probate court
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enforce a will, name change, and appoint guardians
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forcible detainer
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someone is keeping you from your property
ie not paying rent |
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domestic violence
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civil decision, seeking restraining orders b/t family members
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mental division
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order people to seek treatment; tried by jury where the accused can take a stand and explain
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juvenile court
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under 18,no jury trials
public offense: shooting, stealing etc. (can be tried as adult) status offense: running away, skipping class, uncontrollable |
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DNA
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(depend, neglect, abuse)
social services get involved |
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Constitution
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1788, Supreme Law of the Land, has 27 amendments
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Pre-amble
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set forth what our fore fathers wanted to accomplish
1) form a more perfect union 2) establish justice 3) ensure domestic peace 4)provide a common defense 5) promote general welfare of the people |
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Role of Preamble
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Establish National Gv't
Control relation b/t state and feds Define and preserve personal liberties enables the government to keep going |
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Commerce Clause
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congress has authority to regulate commerce internationanlly and between states
not within states |
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General Rule about Gov't Power
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the government cant regulate content but it can regulate context
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2nd Amednment
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citizens have the right to bare arms, cant be concealed.
in ky you can have it in your glove box, not considered concealed |
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4th amendment
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procects us against unreasonable searches
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5th amendment
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cant take property without paying what it is worth- Imonant domain
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6th amendment
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right to a speedy trial, lawyer, contront your prosecutor
if you cant afford a lawyer, the state will apoint you one |
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8th Amendment
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excessive bail and cruel and unusual punishment
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14th Amendment
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protects us from the gov't by saying that there must be a due process to follow
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Business Self incrimination
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businesses can self incriminate themselfves.
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