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78 Cards in this Set
- Front
- Back
what is race?
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family, tribe, or nation belonging to the same stock (background)
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what is segregation?
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to seperate or set apart from others
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what is de jure segregation?
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enforced by law, intention is present
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what is de- facto segregation?
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-segregation in reality
- may be a voluntary situation (may not have meant to, but that was how it is/reality) |
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what is discrimination?
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-to make a difference in treatment or favor on a basis other than individual merit (grouping)
-acting upon that mental picture from the sterotype |
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what is a streotype?
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-you have a mental picture held concerning members of a group that represents an oversimplified opinion
-lacks critical judgement |
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what is desegregation?
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breaking down the barriers of segregation
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what are the 2 types of segregation?
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de-facto and de- jure
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what is the definition of prejudice?
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a formed opinion with out a basis
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what is integration?
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bringing together as equals
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is it possible to to desegregate with out integration?
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yes
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what is the definition of "racist"?
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-thinking that your race is superior to someone elses
(racial differences produce an inherent superiority of a particular race) |
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what is the definition of "law"?
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rules and regulations that governs ones conduct within a society
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what are the 3 branches in the U.S. and what are their functions?
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-executive..enforces the law
-legislative..makes the law -judicial..interprets the law |
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what is the highest court in the U.S?
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supreme court
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how many articles were in the original u.s. constitution?
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7
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how is the u.s constitution set up?
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set into articles
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what is the purpose of the u.s. constution?
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-set up government
-state the purpose of each branch |
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laws that are written/ codified by the legislative branch are called what?
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stautory laws
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this branch is said to also be able to make laws. which branch is it and under what conditions?
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judicial branch .... if they do not agree with the legislative law that was passed they can revise it, therefore "making" the new law
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what is a case law?
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where the judicial branch does not agree with the legislative law and therefore revises it and is said to have made the "new" law.
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what is a common law?
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custom/ tradition. "it has alway's been done that way and we will continue to do the custom/ tradition law
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under which type of law do "contracts" take place?
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common law
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it is said that you generally have what first before laws follow?
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conduct (somebody does something to you, then there is a law about it)
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what are the 3 types of laws and which one normally comes first?
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.common- this one is normally first
.case .statutory |
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in what year was the u.s. constituion created?
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1782
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what is the supreme law of the land and what kind of law is it an example of?
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u.s. constitution...statutory law
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congress is set up into what two parts? what branch is congress under?
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-it is set up into house of reps. and the senate
-it is under legislative |
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supreme court is under which branch?
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judicial branch
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which branch is the president, v.president, and cabinet under
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executive branch
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which branch also has the duty of making sure that no one branch gets to much power? what concept helps enforce that idea?
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executive branch---checks and balances
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judicially, what are the 2 sytems that we have today?
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federal and state
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what is the structure of the federal system set up? by whom?
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set up into 3 levels....by th eu.s. constitution
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what are the 3 levels under the federal system?
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-u.s. supreme court
-u.s. court of appeals -u.s. district court |
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under which court is it considerd trial level in which you have a judge and a jury?
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u.s. district court
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what type of cases are presented under the federal system
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civil and criminal case
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in a civil case under the u.s district court the two parties are called?
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-the plaintiff (files complaint)
-defendent |
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in a criminal case under the u.s district court the two parties are called?
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-prosecution (files complaint)
-defendent |
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which symbol indetifies the plaintiff or the prsecutor? defendent?
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plaintiff or prosector- pie
defendent- triangle |
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what is the structure of the state system?
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judicial structure varies from state to state...but must have the bare minimum of 2 levels of court
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even though they can have more, what are the 2 levels of court that states are required to have?
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trial and appellate
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does a states law have jurisdiction (effect)over another state?
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no
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true/false
the name of the state courts (trial/appelate) are generally the same for each state |
false
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who governs the state sytem? federal?
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-states govern themselves
-u/s. constitution governs federal |
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why are there branches?
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so no one branch has more power than the other....that's why we hve checks and balances
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what is the purpose of a trial level court? what parties are involved?
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-to allow the parties their day in court
-defendent and plaintiff |
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what is the difference between a criminal case and a civil case? give an example.
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~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 |
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true/false
out of one incident, more than one lawsuit can be presented |
true
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why do people/ parties end up settling?
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-money
-risk(judge/jury may not agree) -time |
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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
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burden of proof
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burden of proof has to be beyond a reasonable doubt for which level?
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criminal level
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at the civil level, the burden of proof must be...?
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by a preponderance (superiority in weight) of the evidence
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a title of a case is also know as what?
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caption
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if the scale is even in a criminal case between the two parties...which side would win? why?
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defendent...the prosecutor didn't show the burden of proof (beyond a reasonable doubt)
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if you are in the federal system...which court would you file your case in?
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u.s. district court
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what are the two ways to get into the federal juurisdiction (sysytem)?
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-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) |
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where is the record made?
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at the original jurisdiction/ trial level court
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out of one incident, why can there be more than one lawsuit?
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b/c the intrest's that are being presented or protected are different.
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the title or caption of cases must alway's be what?
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underlined
bold or italizied |
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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 |
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what are the 2 types of trials?
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jury and non- jury trial
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a non- jury trial is also called what?
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judge trial or bench trial
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jury or non-jury?
~the judge is the finder of law and fact |
non jury
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in a jury trial who is the finder of law? finder of facr?
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law- judge
fact- jury |
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what is an example of finding "fact"..."law"
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fact- credibility
law- if certain evidence should be dismissed or not |
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what is the benefit of the two parties settling?
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they have control
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the idea that if one party is not satisfied, they can seek another trial, is called what?
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an appeal
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how many circuit courts are there in the whole U.S. for the court of appeals? district court? supreme court?
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court of appeals- 13
district court-94 supreme court- 1 |
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what are the 3 NO's when a case reaches the appalete level?
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No new evidence
No witneses No testimony |
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what is the purpose of the appalete court?
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reviews what happened at trial level (records)
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what are the 3 risks or things that an appellate court can do?
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affirm (agree)
reverse (disagree) remand (send it back down) |
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what are the two reasons that a case may be remanded?
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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) |
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what are briefs?
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persuasive reports filled by each side trying to convince the court to rule in your favor
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at the appellate level, what are the 2 things that they can request?
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*an oral argument (attorney's appear before court and respond to questions asked by the court)
*more info. |
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at the appellate level the two parties are called what?
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*appellant- (dissatisfied party that filed complaint)
*appelle- (the party whom the appeal has been filed) |
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the legal form filled by the appelant is called what?
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writ of certurari...(may say "supreme court please hear my appeal"
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petitionary vs. respondant is used for which court?
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all of the courts
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in which court is discretionary appeal of importance?
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supreme court... they have to have national importance/ they decide if they will take that case or not)
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