4050477
Description
Flashcards by Felicitas Bussol, updated more than 1 year ago
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Created by Felicitas Bussol
over 8 years ago
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| Question | Answer |
| 3 Branches of Govt. | Executive Legislative Judicial |
| Difference between primary law and secondary law | Primary law tells what the law is and provides first hand info. Secondary is the media that discusses those laws (ex:legal journals, txt books) |
| Steps to brief a case | 1.Citation 2.Facts(What happened before court) 3.Procedural history 4.Issues(what courts have to answer, sentence usually begins with "whether") 5.Decision(Issues answer) 6.Holding(the rule of law) 7.Reasoning(elaborates holding, applies laws to facts of case) |
| What is Common law | Judge made law, the ruling in a judicial opinion |
| How is case law established? | its the basis for the doctrine of precedence, or stare decisis. They clarify the law where legal principles haven't been codified into statutes. |
| what is state decisis and precedence? | The following of past case decisions in future judicial cases where similar facts and legal issues are present. "To stand by the decision" |
| What are the primary sources of law? | 1.Case Law 2.Statutory Law 3.U.S. Constitution |
| What is the highest/supreme law of the land? | The US Constitution |
| What is the difference between Bench trial and Jury trial? | Bench is decided by a judge and jury by jurors |
| Whats the purpose of Appellate court? | To review the trial to make sure no errors of law where made. |
| Whats the difference between binding authority and persuasive authority? | Binding is bound to follow decision from another court in the same jurisdiction. Persuasive outside the jurisdiction? |
| Different ways to establish personal jurisdiction | 1.In personam(courts authority over party) 2.In rem(courts authority over property) 3.Through minimum contacts(what ties the party has to that state) |
| Whats subject matter jurisdiction? | Court's authority over res, the subject of the case |
| What is Federal Question? | The jurisdiction given to Federal courts in cases involving interpretation and application of the US constitution |
| 2 requirements to have a case heard in Federal court | 1.Federal Question 2.Diversity of jurisdiction and over $75k |
| What is domicile | The place a person intends to hold permanent resicende |
| What is the difference between concurrent and exclusive jurisdiction? | Concurrent jurisdiction exists in both state and federal, unless statutorily prohibited. Exclusive jurisdiction only one court has authority to hear specific cases( only federal can hear a bankruptcy case) |
| Whats venue? | The county where facts are alleged to have occurred and in which trial will take place |
| What is the difference between criminal and civil law? | Criminal: crime against society Civil: crime against a person |
| What is the difference between substantive and procedural law? | Substantive is the subject or content area of law Procedural are the rules that enforce the substantive law |
| What is at stake in criminal vs civil? | criminal: freedom civil: damages |
| What is the burden of proof in criminal vs. civil? | criminal: beyond a reasonable doubt civil: by a preponderance of evidence |
| Who are the parties involved in criminal vs civil? | Criminal: prosecutor/govt. vs defendant Civil: plaintiff vs defendant |
| What is the source of law in criminal vs civil? | Criminal: criminal statutes Civil: case law/common law |
| What is the outcome in a criminal vs civil case? | Criminal: Guilty / Not guilty Civil: Liable / Not liable |
| What is the remedy in criminal vs civil? | Criminal: Death, prison, restitution Civil: Damages |
| Right to appeal in criminal vs civil? | Criminal: state:no / defendant: yes Civil: both parties: yes |
| What is the litigation process? | 1. Pretrial 2.Trial 3.Appeal |
| What is cause of action? | The fact that enables a person to bring an action against another |
| What is affirmative defense? | Fact or set of facts other than those alleged by plaintiff/prosecutor, they would defeat the legal consequences if proven. |
| Impartial vs partial juror | Impartial: no prejudice, gives fair verdict Bias: mental condition prevents to be fair |
| What is indictment? | the list of charges |
| What is Arraignment? | Where indictment is read, usually takes about 30-45 days after arrest |
| When does magistrate court(where bond is set) happen? | within 24-48 hours of arrest |
| What is a statement of action? | the nature of the action includes: 1.Legal theory 2. Applicable law statement 3. Demand for relief seemed |
| What is ADR methods? | Alternative Dispute Resolution, trying to find a different remedy to avoid court. 1.Arbitration:binding 2.Mediation:not binding |
| What is pleadings and what is it composed of? | document prepared in beginning of litigation process drafted by both parties, served to opposing party and filed. Includes Complaint, answer to complaint and reply |
| What is a summons? | A notice to appear in court and should be answered within 20 days |
| What are federal rules of civil procedure and what are examples of the rules? | specific set of rules followed in federal courts. The basis for most state's codes, but may differ from state to state. Ex: Time limitations and documents needed by court |
| What is a default judgement? | When a party doesn't respond in time they enter a default judgement. |
| What is Rule 12 of federal rules? | motion to dismiss the plantiff's suit because pleadings fail to state a claim upon which relief can be granted |
| what is a motion? | A procedural request or application presented by attorney in court. |
| What is motion for summary judgement? | Motion by either party for judgement based on all court documents not just pleadings |
| What is motion in limine? | Request that certain evidence not be raised in trial, as it is arguably prejudicial, irrelevant or legally inadmissible evidence |
| What is discovery? | The process of investigation and collection of evidence |
| Discovery in civil vs criminal | Civil: Interrogatories, Depositions and Request for Admition Criminal: witness statements and evidence |
| what is request for admission? | request that the party stipulate ti certain information thats not in dispute to conserve the courts time |
| What is Voire dire? | the process of selection of jury |
| What is Challege and Peremptory challenge? | Challenge: attorneys objection of a juror Peremptory challenge: objection of a juror without a reason, only a specific number allowed to attorneys |
| What is a pretrial conference? | Meeting between parties and judge to identify legal issues, stipulate to uncontested matters and encourage settlement. |
| Advantages of ADR methods? | 1. Conserve courts time and money 2.save parties expense and time of trial 3. litigants may achieve greater satisfaction in the outcome |
| Stages of Trial | 1.Opening statements(explain case and what they want to prove, plantiff first) 2.Witnesses called(plaintiff first) 3.Defendant asks for motion for directed verdict 4.Closing Arguments 5.Judge gives jury instruction(relevant laws) 6.Jury decide verdict and judge announces judgement. |
| Criminal Stages | 1.Crime 2.Arrest 3.miranda rights 4.prosecutor decides charges 5.indictment 6.arraignment 7.plea arrangement 8.trial |
| pretrial process | 1.plantiff initiates statement of action 2.attorney determines court/defendant 3.prepare pleadings 4.respond back and forth 5.discovery 6.pretrial conference 7.voire dire 8.trial |
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