Flashcards
Sem título
Flashcards do conjunto (59)
- 1What is Jurisprudence?study and theory of law
- 2what is natural lawlaws base on what is inherently right and what is inherently wrong
- 3what is sociological lawpurpose of law is to shape social behavior
- 4What are 2 classifications of law?Substantive and Procedural
- 5define substantive lawestablishes and defines the rights, duties and obligations of individuals and the state
- 6define procedural lawits the first step you need to take to access coursts to get your substantive rights
dont give you any rights
the rules by which substantive law is enforced - 7define Civil lawaction between private parties for private wrongs
- 8give some examples of civil suitscar accidents, breach of contract
- 9what are the parties in a civil suit referred to as?plaintiff(pi)
defendant(delta) - 10What is "Civil Burden of Proof"by a preponderance of the evidence
- 11Who is the burden of proof on in a civil case?plaintiff; plaintiff has to show more likely than not it was caused by the defendant
- 12define criminal lawwrongs against society that are punishable by governmental law
- 13who are the parties in a criminal casestate vs defendant
- 14which on has the highest burden of proof, civil or criminal?criminal
- 15does the burden of proff ever move to the defendant in a criminal caseNO
it is always the prosecutor's job to prove guilt beyond a reasonable doubt - 16describe CRIMINAL BURDEN OF PROOFbeyond a reasonable doubt
- 17one action can give rise to both civil AND criminal liability ex OJ simpson found not guilty criminally but guilty civilyone action can give rise to both civil AND criminal liability
ex OJ simpson found not guilty criminally but guilty civily - 18Name a source of lawConstitution
- 19Define constitutional lawFundamental law of a state or nation
establishes a framework for government to enumerate rights of individuals - 20Separation of powersfederal governmental powers are divided among 3 branches of government
- 21what are the 3 branches of governmentlegislative
executive
judicial - 22define enumerated powersExplicit powers expressly granted to the federal government in the US constitution
ex. power to mint money - 23What is article 1 of the constitution?creates the legislative branch with the power to make laws (congress)
- 24define article 2 of the constitutioncreates executive branch with power to enforce law (attorney general)
- 25define article 3 of the constitutioncreated judicial branch with power to interpret the law (courts)
- 26Checks and balancesall branches of government can be checked by other branches to make sure it is still fair ex federal judges are appointed by executive branch but still confirmed by the senate
- 27Marbury v Madisonlandmark supreme court case
created the Doctrine of Judicial Review gives the power to judicial branch to declare statutes or executive actions unconstitutional - 28describe the Doctrine of judicial reviewgives power ONLY to judicial branch to decide if statutes or executive orders are unconstitutional.
not found in the constitution - 29define supremacy clauseFederal constituion, treaties, laws and regulations are supreme
basically they trump state law
ex. weed is legal in colorado but federally still illegal - 30Does supremacy clause apply if states have the right to make substantive law like in divorces?no because there are no federal divorce laws
- 31states have broad "police powers" ex. states make laws to protect and promote public health, safety and welfarestates have broad "police powers"
ex. states make laws to protect and promote public health, safety and welfare - 32define Commercial clausecongress granted exclusive power to regulate interstate commerce very broad allows congress to regulate ANYTHING that might impact inter or intrastate commerce
used to bring about social chnage - 33Bill of rights amendment 1Freedom of speech, press, religion and assembly
doesnt mean unrestricted - 34bill of rights amendment II (2)right to bear arms
- 35bill of rights amendment III (3)no quartering of soldiers in private homes at peace time
- 36bill of rights amendment IV (4)freedom from unreasonable searches and seizures
only applies to state action - 37bill of rights amendment V (5)freedom from compulsory self incrimination
right to remain silent
NO DOUBLE JEOPARDY
contains due process clause- no person shall be deprived of life liberty or property without due process of the law - 38Due process clause-no person shall be deprived of life liberty or property without due process of the law
- 39Define substantive due processstatutes and regulations must be clear on their face and not overly broad
- 40Define Procedural Due processa person must be given notice and an opportunity to be heard before he can lose his life , liberty or property
- 41BILL OF RIGHTS VI (6)right to a speedy trial
right to confront witness
right to assistance of legal counsel - 42BILL OF RIGHTS VII (7)right to trial by jury
- 43BILL OF RIGHTS VIII (8)freedom cruel and unusual punishment
bail cannot be excessive - 44BILL OF RIGHTS IX (9)retention of rights of individuals beyond those enumerated
- 45BILL OF RIGHTS AMENDMENT X (10)powers not enumerated reserved to the states or the people
basically any power not given to federal government is given to the people - 46BILL OF RIGHTS AMENDMENT XIV (14)requires that garauntees provided by the bill of rights be applied at the state as well as federal level
EQUAL PRotection CLAUSE
DUE PROCESS CLAUSE - 47define equal protection clauseno government can deny persons equal protection of the law
located in 14th amendment
government cannot enact laws that treat similarly situated persons differently - 48define Due process clauseextends due process to state action
- 49Define strict scrutiny testClassification based upon a "suspect class" (eg race) will be reviewed using strict scrutiny ( most difficult standard to meet)
Example a government rule that permited persons of one race but not another to receive medicaid would violet the test. affirmative action programs( which are not quotas) pass - 50define Intermediate scrutiny testwhen classification is based upon a "protected class" (eg age, gender) government must show that the classification is "reasonably related" to a legitimate governmental purpose
EXAMPLE: law prohibiting persons over a certain age from combat service would be lawful but law prohibiting persons over a certain age from serving as government engineers would not be lawful - 51define rational relationship testused when government classifications dont fall under or involve a suspect or protected class
EXAMPLE : providing government subsidies to farmers but not those in other occupations is permissible - 52define "CASE LAW"law created by the courts
- 53define Stare decisisprinciple that allows the US system of case law to function
literally means "stands as decided" - 54define precedenta previously decided case that is used as authority when deciding a later case that is similar in facts or legal principles
- 55define mandatory precedenta decision of an appellate court within the state/ jurisdiction
- 56define Persuasive precedenta decision of an apellate court of ANOTHER state/jurisdiction
- 57define case of first impressiona case involving a legal principle that the appellate courts of the state/jurisdiction have NEVER before addressed
- 58define statuteswritten laws that are enacted by congress or state legislature
statutes are codified-arranged by topic - 59define regulationswritten laws that are put into effect by state or federal adminstrative agencies
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- FlashCards sobre Sem título, criado por Ijeoma Okereke em 03-09-2014.
- Criado por
- Ijeoma Okereke · set 2014
- Atualizado
- 19 fev 2016
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