Chapters 1-6
Terms : Hide Images
| 487896558 | Executive Branch | the chief executive officer of the particular government along with his or her departments and agencies who are charged with enforcing the law | |
| 487896559 | Legislative Branch | bi-cameral bodies who draft and pass laws in the form of legislation | |
| 487896560 | Judicial Branch | the government's high court and inferior courts which interprets the constitution and resolves legal disputes. | |
| 487896561 | Judges | An attorney who presides over courtroom proceedings and determines questions of law and in some situations questions of fact | |
| 487896562 | lawyers | an individual who has been officially licensed to practice law in a particular jurisdiction | |
| 487896563 | Paralegals | an individual qualified by education, training or experience who is employed by or retained by an attorney or other entity to perform specifically delegated substantive legal work for which a lawyer is responsible | |
| 487896564 | Support staff | individuals who assist in the provision of legal services, including but not limited to secretaries, investigators and law clerks | |
| 487896565 | The first Amendment | Freedom of Speech, Freedom of the Press, Freedom to Petition the government, Freedom of Religion, Freedom of Assembly | |
| 487896566 | The second Amendment | The right to bear arms | |
| 487896567 | The third Amendment | freedom from quartering troops | |
| 487896568 | The forth Amendment | You must have a search warrant to be allowed to search someone else's property | |
| 487896569 | The fifth Amendment | No person can be tried unless indicted by a Grand Jury; no double jeopardy; no self-incrimination; no property taken without just compensation; no person deprived of life, liberty an property without due process of law. | |
| 487896570 | The sixth Amendment | Criminal Fair Trial Rights | |
| 487896571 | The seventh Amendment | Right to jury trial in civil cases | |
| 487896572 | The eighth Amendment | No excessive bail or cruel and unusual punishment | |
| 487896573 | The thirteenth Amendment | abolished slavery | |
| 487896574 | The fourteenth Amendment | An amendment that granted citzenship to all persons born or naturalized in the United States and declared that no state could deprive any person of life, liberty, or property "without due process of law." | |
| 487910922 | LAW | Rules of conduct promulgated and enforced by the government,Defines conduct,Applies to individuals and entities, both public and private | |
| 487910923 | Promulgate | To put a law into effect by formal public announcement | |
| 487910924 | Jurisprudence | the study of various theories of legal philosophy. | |
| 487910925 | Natural Law | the legal philosophy that believes that man made law should be based on humanity's innate sense of right and wrong | |
| 487910926 | Legal Positivism | theorizes that a law's validity is based on the process that gave rise to it instead of innate human principles | |
| 487925229 | Formalists | Subscribe to the notion that the role of a judge is to identify existing law and apply it to the present case before it. Hereunder social policy and individual views are irrelevant | |
| 487925230 | Legal Realists | counters the formalist position by citing the often vague and ambiguous language of the law and believes that the role of the judge is to interpret the law to justify differing outcomes | |
| 487925231 | Originalism | also called the strict constructionist view (Justice Scalia and Thomas) that holds that the judicial role is to apply the law in its meaning at the time it was enacted. | |
| 487925232 | Evolutionary Law | considers the law a living law prompting judges to identify the intended purpose of the law when originally passed and achieve that purpose in its modern application | |
| 487928692 | What are the four sources of law | Statutory, constitutional, administrative,common | |
| 487954993 | constitutional law | is to establish an organizational structure that allocates governmental power, and limits governmental overreaching. (separation of powers) | |
| 487954994 | Statutory law | the body of laws created by legislative statutes and Comprised of Statutes and Ordinances | |
| 487954995 | Administrative law | are the rules and regulations enacted by administrative agencies, limited to the work of that agency | |
| 487954996 | Common law | is the law created by the courts where other types of law are silent (ie. no evidence code in NY so the law of evidence is | |
| 487954997 | Doctrine of Stare Decisis | providing that a prior judicial decision on an issue is binding on future decisions based on the same facts. This was creates predictability | |
| 487997766 | Federalism | A system of Government where power is shared between a small nationwide central government and regional governments with regional jurisdiction. | |
| 487997767 | Enumerated Powers | powers granted by Article I, Section 8 of the Constitution | |
| 487997768 | Doctrine of Implied Powers | Powers not stated in the Constitution but that are necessary for Congress to carry out its enumerated powers | |
| 487997769 | The Interstate Commerce Clause | Congress shall have the power to regulate commerce | |
| 487997770 | Preemption | power of the federal government to restrict the states from passing conflicting laws or from passing any laws in a particular area | |
| 487997771 | State law | States are authorized to pass any law for the health, welfare, safety and morals of their citizens. Except: If the area is prohibited by the US Constitution If the federal government has legally preempted the area. | |
| 487997772 | civil law | Law that deals with harm to an individual. Invoked when one individual or entity harms another Criminal | |
| 487997773 | criminal law | Law that deals with harm to society as a whole. Invoked when an individual commits an acts that has been deemed (by the legislature) harmful to society at large | |
| 487997774 | Plaintiff | A person who initiates a lawsuit | |
| 487997775 | Defendant | In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime. | |
| 487997776 | Substantive law | the portion of the law that creates rights and obligations | |
| 487997777 | Procedural law | the portion of the law that governs how the legal system and the courts operate | |
| 489398376 | Trial court | court of first impression where actions are initially brought (Original Jurisdiction) and where questions of fact and law are resolved | |
| 489398377 | Appellate court | court that reviews the legal determinations of lower courts (Appellate Jurisdiction) not just trial courts also lower appellate courts | |
| 489398378 | Jurisdiction | The power of the court to hear a case | |
| 489398379 | Original jurisdiction | refers to a Court's power to hear a case from its inception | |
| 489398380 | Appellate Jurisdiction | refers to a Court's power to review the legal rulings of a lower court | |
| 489398381 | Jury trial | where questions of fact are decided by the jury and questions of the law by a judge | |
| 489398382 | Bench trial | A trial conducted without a jury | |
| 489398383 | Appellant or petitioner | The party in a case who has initiated an appeal | |
| 489398384 | Appellee or respondent | The party in a case against whom an appeal has been filed | |
| 489398385 | Harmless Error | an appellate ruling finding that an error committed at the trial court level is insufficient to warrant reversal | |
| 489398386 | Prejudicial Error | an appellate ruling finding that an error committed at the trial level warrants reversal because a substantial right of a party was abridged by the error | |
| 489398387 | Reversal | when an appellate court overturns the decision of a lower court | |
| 489398388 | Remand | When an appellate court sends a case back to the trial court for further action or a new trial | |
| 489398389 | Majority opinion | an opinion in which a majority of the court joins | |
| 489398390 | Concurring opinion | An opinion that agrees with the majority's result but disagrees with its reasoning | |
| 489398391 | Dissenting opinion | An opinion that disagrees with the majority's decision and its reasoning | |
| 489467464 | When a party loses a case at the trial court level and believes one or more legal errors were made, they may appeal to the? | Appellate Division | |
| 489467465 | Cases are only heard by the US Supreme Court if the Court grants a __________________, which is only granted when 4 out 9 justices vote to hear the appeal | writ of certiorari | |
| 489467466 | Which is The highest federal appellate court? | The U.S supreme court | |
| 489467467 | General Jurisdiction | can hear any type of case arising within its geographic location | |
| 489467468 | Limited jurisdiction | can only hear specified types of cases (ie. US Bankruptcy Court, US Federal Claims Court, US Tax Court) | |
| 489467469 | exclusive jurisdiction | When only ONE court has the power to hear a case | |
| 489467470 | concurrent jurisdiction | When MORE than one court has jurisdiction to hear a case | |
| 489467471 | Federal Question Jurisdiction | When a particular controversy involves either a federal statute, a federal regulation or a US Constitutional provision | |
| 489467472 | Diversity Jurisdiction | When a controversy is between litigants from different states and the amount is more than $75,000 | |
| 489540238 | Intake | where law office meets with potential client and obtains the facts necessary to determine if a cause of action exists | |
| 489540239 | Investigation | where law office and its contractors speak with witnesses, gather documents and other evidence to determine if a cause of action exists | |
| 489540240 | Summons | legal document that provides a defendant with notice of the lawsuit, where it has been brought and by when they must appear in the action | |
| 489540241 | complaint | document containing numbered paragraphs that provide defendant with allegations forming the basis for plaintiffs recovery | |
| 489540242 | standing | A direct stake in the lawsuit being brought | |
| 489540243 | Personal Jurisdiction | The power of a court to force a person to appear before it | |
| 489540244 | Subject matter Jurisdiction | The power of a court to hear a particular type of case | |
| 489540245 | Caption | heading of any court paper that shows the names of the parties, the court and the index number of the suit. | |
| 489540246 | Verification | an affidavit signed by the party attesting to the truth of the facts contained within the document | |
| 489540247 | Counter Claim | a claim made by the defendant against the plaintiff | |
| 489540248 | Cross-claim | a claim against another defendant to the lawsuit | |
| 489540249 | Compulsory counterclaim | is one that if it is not brought is waived and cannot be brought in a separate action | |
| 489540250 | permissive counterclaim | is one that can be brought but is not waived if not brought in the initial action | |
| 489540251 | Affirmative defense | a defense to liability based on some additional facts, evidence or law) in his or her answer | |
| 489573078 | Interrogatories | Written questions sent by one party to another seeking sworn answers | |
| 489573079 | Depositions | Pre-trial testimony given by a witness under oath. | |
| 489573080 | Requests or notices to admit | Written documents with statements of specific facts for adversary to either admit or deny. | |
| 489573081 | Document Demand | Written requests for documents or other evidence in possession and or control of another party to the lawsuit | |
| 489573082 | Subpoenas | Written demand for a non-party to appear for a deposition | |
| 489573083 | Subpoena Duces-tecum | written demand for certain documents in the possession of a non-party to the lawsuit. | |
| 489573084 | - Independent medical examinations | In any action where a plaintiff is claiming to personal injury, defendants has a right to have plaintiff examined by a doctor of its choosing within the relevant specialty. | |
| 489573085 | Discovery motions | Motions made during the discovery phase of the case up to the filing of the trial readiness notice. | |
| 489573086 | Dispositive motions | Motion to dismiss - made after all pleadings have been filed, seek to dismiss action for one or more reasons | |
| 489573087 | Motions in limine | Made immediately before trial seeking to limit certain evidence from being introduced during the trial. |
