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78 Cards in this Set

  • Front
  • Back
what is race?
family, tribe, or nation belonging to the same stock (background)
what is segregation?
to seperate or set apart from others
what is de jure segregation?
enforced by law, intention is present
what is de- facto segregation?
-segregation in reality
- may be a voluntary situation (may not have meant to, but that was how it is/reality)
what is discrimination?
-to make a difference in treatment or favor on a basis other than individual merit (grouping)
-acting upon that mental picture from the sterotype
what is a streotype?
-you have a mental picture held concerning members of a group that represents an oversimplified opinion
-lacks critical judgement
what is desegregation?
breaking down the barriers of segregation
what are the 2 types of segregation?
de-facto and de- jure
what is the definition of prejudice?
a formed opinion with out a basis
what is integration?
bringing together as equals
is it possible to to desegregate with out integration?
yes
what is the definition of "racist"?
-thinking that your race is superior to someone elses
(racial differences produce an inherent superiority of a particular race)
what is the definition of "law"?
rules and regulations that governs ones conduct within a society
what are the 3 branches in the U.S. and what are their functions?
-executive..enforces the law
-legislative..makes the law
-judicial..interprets the law
what is the highest court in the U.S?
supreme court
how many articles were in the original u.s. constitution?
7
how is the u.s constitution set up?
set into articles
what is the purpose of the u.s. constution?
-set up government
-state the purpose of each branch
laws that are written/ codified by the legislative branch are called what?
stautory laws
this branch is said to also be able to make laws. which branch is it and under what conditions?
judicial branch .... if they do not agree with the legislative law that was passed they can revise it, therefore "making" the new law
what is a case law?
where the judicial branch does not agree with the legislative law and therefore revises it and is said to have made the "new" law.
what is a common law?
custom/ tradition. "it has alway's been done that way and we will continue to do the custom/ tradition law
under which type of law do "contracts" take place?
common law
it is said that you generally have what first before laws follow?
conduct (somebody does something to you, then there is a law about it)
what are the 3 types of laws and which one normally comes first?
.common- this one is normally first
.case
.statutory
in what year was the u.s. constituion created?
1782
what is the supreme law of the land and what kind of law is it an example of?
u.s. constitution...statutory law
congress is set up into what two parts? what branch is congress under?
-it is set up into house of reps. and the senate
-it is under legislative
supreme court is under which branch?
judicial branch
which branch is the president, v.president, and cabinet under
executive branch
which branch also has the duty of making sure that no one branch gets to much power? what concept helps enforce that idea?
executive branch---checks and balances
judicially, what are the 2 sytems that we have today?
federal and state
what is the structure of the federal system set up? by whom?
set up into 3 levels....by th eu.s. constitution
what are the 3 levels under the federal system?
-u.s. supreme court
-u.s. court of appeals
-u.s. district court
under which court is it considerd trial level in which you have a judge and a jury?
u.s. district court
what type of cases are presented under the federal system
civil and criminal case
in a civil case under the u.s district court the two parties are called?
-the plaintiff (files complaint)
-defendent
in a criminal case under the u.s district court the two parties are called?
-prosecution (files complaint)
-defendent
which symbol indetifies the plaintiff or the prsecutor? defendent?
plaintiff or prosector- pie
defendent- triangle
what is the structure of the state system?
judicial structure varies from state to state...but must have the bare minimum of 2 levels of court
even though they can have more, what are the 2 levels of court that states are required to have?
trial and appellate
does a states law have jurisdiction (effect)over another state?
no
true/false
the name of the state courts (trial/appelate) are generally the same for each state
false
who governs the state sytem? federal?
-states govern themselves
-u/s. constitution governs federal
why are there branches?
so no one branch has more power than the other....that's why we hve checks and balances
what is the purpose of a trial level court? what parties are involved?
-to allow the parties their day in court
-defendent and plaintiff
what is the difference between a criminal case and a civil case? give an example.
~criminal- protects intrest of society (sending someone to jail).. ex)state of calif. vs. john jones

~civil- protects intrest of individual(outcomes include money)..ex)mary smith vs.john jones
true/false

out of one incident, more than one lawsuit can be presented
true
why do people/ parties end up settling?
-money
-risk(judge/jury may not agree)
-time
this is different in a criminal case than in a civil. it would be greater in a crminal case b/c of the penalties and what is at state
burden of proof
burden of proof has to be beyond a reasonable doubt for which level?
criminal level
at the civil level, the burden of proof must be...?
by a preponderance (superiority in weight) of the evidence
a title of a case is also know as what?
caption
if the scale is even in a criminal case between the two parties...which side would win? why?
defendent...the prosecutor didn't show the burden of proof (beyond a reasonable doubt)
if you are in the federal system...which court would you file your case in?
u.s. district court
what are the two ways to get into the federal juurisdiction (sysytem)?
-federal question(concerns u.s. constitution)
-diversity of citizenship (~2 parties can't be from the same state and has to be a claim over $75,000)
where is the record made?
at the original jurisdiction/ trial level court
out of one incident, why can there be more than one lawsuit?
b/c the intrest's that are being presented or protected are different.
the title or caption of cases must alway's be what?
underlined
bold
or
italizied
give an example of a federal case caption...pretending that is underlined
give an example of a state case
federal- USA vs. john jones
state- state vs. john jones
what are the 2 types of trials?
jury and non- jury trial
a non- jury trial is also called what?
judge trial or bench trial
jury or non-jury?
~the judge is the finder of law and fact
non jury
in a jury trial who is the finder of law? finder of facr?
law- judge
fact- jury
what is an example of finding "fact"..."law"
fact- credibility
law- if certain evidence should be dismissed or not
what is the benefit of the two parties settling?
they have control
the idea that if one party is not satisfied, they can seek another trial, is called what?
an appeal
how many circuit courts are there in the whole U.S. for the court of appeals? district court? supreme court?
court of appeals- 13
district court-94
supreme court- 1
what are the 3 NO's when a case reaches the appalete level?
No new evidence
No witneses
No testimony
what is the purpose of the appalete court?
reviews what happened at trial level (records)
what are the 3 risks or things that an appellate court can do?
affirm (agree)
reverse (disagree)
remand (send it back down)
what are the two reasons that a case may be remanded?
1. clarification (wasn't clear what district judge wrote/said)
2. for after discovered (new evidence or witness brought forth...since no new evidence can be presented at appellate level)
what are briefs?
persuasive reports filled by each side trying to convince the court to rule in your favor
at the appellate level, what are the 2 things that they can request?
*an oral argument (attorney's appear before court and respond to questions asked by the court)

*more info.
at the appellate level the two parties are called what?
*appellant- (dissatisfied party that filed complaint)
*appelle- (the party whom the appeal has been filed)
the legal form filled by the appelant is called what?
writ of certurari...(may say "supreme court please hear my appeal"
petitionary vs. respondant is used for which court?
all of the courts
in which court is discretionary appeal of importance?
supreme court... they have to have national importance/ they decide if they will take that case or not)