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57 Cards in this Set
- Front
- Back
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What are the 6 levels of legal certainty?
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Mere suspicion
Reasonable suspicion Probable cause Preponderance of evidence Clear and convincing evidence Beyond reasonable doubt |
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What is the exclusionary rule?
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Evidence obtained illegally cannot be used in court.
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What are 3 uses of the exclusionary rule?
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ID of suspects
Confessions Searches |
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What are 3 exceptions to the exclusionary rule?
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Good faith
Inevitable discovery Computer error |
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Name 1 GOOD influence from English practice
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A man's home is his castle; searches must be specific and have probable cause
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Name 1 BAD influence from English practice
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Tradition of general police powers
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What was the threshold for searches in New Jersey v. TLO?
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Search must be reasonably related to objective
Not excessively intrusive in light of sex and age of student and nature of infraction |
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What are the 3 purposes of private law?
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Remedy for inevitable harm
Define harms, prescribe remedies Facilitate interaction |
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What are 3 differences between public and private law?
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Public rules vs. Private rules
Basic areas of civil law Judge made law |
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What are 3 basic types of private law?
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Torts
Contract Property |
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What is a tort tale?
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Moralistic parables that prove that something needs to be done about an out of control legal system
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What are the characteristics of a typical tort tale?
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They are short
Emphasize stupidity of victim Emphasize defendant is blameless Centers on greed |
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How have caseloads grown?
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Cases today are more complex and take more time to settle
There are more cases but lower rate of lawsuits |
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What are the different types of tort reform?
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No fault compensation(cheaper to payoff than go to court)
Caps on damages(discourage frivolous suits) Loser pays Reform of punitive damages |
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What is the difference between a guiding and dispositive motion?
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Guiding influences the case down the line
Dispositive ends the case |
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What is a summary judgement?
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A dispositive motion that weeds out meritless cases and allows one side to win without going to court
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How do most civil cases end?
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Most end in settlement, only 7% are tried, and 1 in 4 cases end in a motion
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What are 3 types of negotiations?
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Best result
Appropriate result Ritualistic |
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What are the 3 tools of discovery?
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Deposition
Production of documents Interrogatory |
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What is privilege and why does it exist?
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A decision made by society that some info is private. People would be forced to be their own lawyers otherwise.
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What is the scope of the right to trial by jury?
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Only adult criminals charged with serious offenses
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What 3 places in the constitution mentions juries?
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Article III Section 2 (hear place of offense)
6th Amendment (no secret trials) 7th Amendment (jury in cases over $20) |
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What are the limits on a right to trial by jury?
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Doesn't apply to minors
No petty offenses Doesn't apply to some civil cases like family law or anti-trust |
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What has research shown regarding deliberations of 12 member juries vs. 6-8 member juries?
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Hung juries are more frequent with 12 member juries
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What is venire?
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Randomly drawn pool of jurors
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What is voir dire?
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Judges or attorney assess jurors ability to judge case impartially
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What are 4 exceptions in venire?
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Non-citizen or no speak English
Convicted felons Cause undue hardship Statutory exemptions |
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What is the fundamental purpose of juries?
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Resolve disputes
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Keypoints of Bushel's case
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Jury foreman refused to convict for unlawful assemble
He was held by court until they relented and accepted his verdict So Bushel(foreman) filed suit against court and won First major step towards jury independence |
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Keypoints of Trial of 7 bishops
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Juries as sole decider of facts
Nullified doctrine of seditious libel |
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Why does the moving party go first, last and gets a rebuttal?
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Because they have the burden of proof
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Who is the moving party?
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Civil cases-plaintiff
Criminal cases-prosecution |
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School of democracy
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Self-governing
Concern wider than yourself Ability to weigh and debate issues Confidence and willingness to participate |
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What do people learn in jury school?
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Habits and mind of a judge
Respect for subject at issue and rights Sense of responsibility How to govern How to deliberate and judge |
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What are the benefits of a diverse jury?
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Quality of decision making
Less prejudice Enhanced legitimacy of verdicts |
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What 2 political roles does a jury have?
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Enhance legitimacy of legal system
Citizens take a direct role in government |
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Hung jury
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Unable to reach a unanimous decision
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Jury nullification
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Jury reaches a verdict, but decides the law doesn't apply in this case
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How are collateral attacks different from appeals?
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Are only filed AFTER the first appeal
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The 4 steps judges use in engaging in equal protection review
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Identify the groups
Choose level of scrutiny Find purpose or goal of statute Use scrutiny lvl to assess connection tween classification and goal |
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3 levels of scrutiny and standard of justification
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Strict-necessary connect, compelling state interest
Intermediate-substantially related to imp state interest Rational-rationally related to legitimate state interest |
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What was accomplished in 13th amendment?
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Outlawed slavery
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What was accomplished in 14th amendment?
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Birthright citizenship
Repealed 3/5 clause-granted equal protection |
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What was accomplished in 15th amendment?
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Right to vote extended to ALL citizens
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4 types of racial classification cases
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Race specific-disadvantaged
Non race specific-disadvantaged Race specific-facially neutral Race specific-benefits minority |
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Enforcement clause
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Transferred protection of rights to federal government
Incorporated bill of rights onto states |
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What standard was handed down by SC in Adarand case?
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Standard for racial classification-strict scrutiny
compelling interest narrowly tailored |
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How did the SC rule in Bakke?
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Justices had to compromise: use of race in college admissions was permissible as ONE of several criteria
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Justice Elena Kagan
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Appt by Obama
Liberal Attended Harvard First woman Dean of Harvard 2003 Clerked for Thurgood Marshall |
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Justice Sonya Sotomayor
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Appt by Obama
Moderate Liberal Attended Yale Inspired by Perry Mason Prosecutor in NYC in 1980s |
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Justice Samuel Alito
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Appt by W. Bush
Conservative Attended Yale Has a sense of humor US prosecutor from 1977-81 |
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Chief Justice John Roberts
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Appt by W. Bush
Conservative Attended Harvard Grew up in Long Beach, IN Clerked for CJ Rehnquist |
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Justice Stephen Breyer
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Appt by Clinton?
Liberal (inconsistent) Stanford undergrad-Harvard Law Married into British aristocracy Clerked for Justice Arthur Goldburg 64-65 |
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What has been the one consistent trend in the court's history?
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Increase in power and prestige of the court
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The Developmental Period 1789-1800
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Beginning of nation, Federalists&Anti-Federalists
Mostly hear admirality&martime disputes Met in basement of Senate bldg Use seriatim opinions Chisholm v. Georgia 1793 |
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Chisholm v. Georgia 1793
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Developmental Period
Guy sues state of GA over Revolutionary War debt Ruled in favor of plaintiff Removed fed jurisdiction when person from one state sues another state Helped ratify 11th amendment |
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The Marshall Court 1801-1835
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Westward expansion, war of 1812
Democrats and Republicans Justice John Marshall-longest serving&most imp justice ever Seriatim replaced by court opinions Est. federal supremacy, expands&defines role of gov't, focus on interpreting constitution Marbury v. Madison 1803 |
