Shared Flashcard Set

Details

Family Law
Family Law, Courts, Breach of Promise, Contracts, Gifts,
7
Law
Undergraduate 3
02/12/2009

Additional Law Flashcards

 


 

Cards

Term
How are Statutory Laws Created?
Definition
Passed by a legislative body, must be consistent with constitutional law.
Term
How are common laws created?
Definition
  • developed by courts if statutory law doesnt exist or apply
  • must be consistent with constitutional law
  • developed through court decisions, or precedents
Term
Describe Criminal Cases
Definition
  • Brought by state against someone accused of a crime, civil violation, or other offense
  • Local DA represents state
  • Penalties= imprisonment, fine, probation, or combination of all three
  • offenses are divided into classes indicating seriousness and penalties
  • States must prove beyond a reasonable doubt- very high standard of proof
  • Defendent doesn't have to prove innocence
Term
Describe a Civil Action
Definition
  • Cases between private individuals or corporations involving the breach of a legal duty and remedies to repair or prevent damage
  • Types of civil actions- breaches of contract, personal injury or property damage due to negligence, debt collection, divorce, landlord-tenant disputes.
  • Plantiff must prove case by a preponderance of evidence- lower standard of proof
  • Must have grounds for civil suit, otherwise monetary penalties for filing frivilous law suit
Term

Differences between criminal cases and civil actions

 

Definition
  • Criminal is State vs.Defendent, Civil is Individuals or corporations.
  • Criminal cases require the state to prove beyond a reasonable doubt, Civil cases need a preponderance of evidence(lower standard)
  • Criminal Penalties include imprisonment, fines and probation; Civil ask for remedies to repair or prevent damage: No Jail time or probation.
Term
How is the Maine Court System set up? (ie, what is the court system heirarchy)
Definition

Supreme Judicial Court

Superior Court

District Courts

Probate Courts

 

Term
What does the Maine Supreme Judicial Court do?
Definition
  • oversees the judicial branch of the Maine State Government
  • rulemaking authority for all of the state's courts
  • There are 7 members, Headed by Chief justice
  • Decides who is admitted to the bar & conduct and discipline of lawyers and judges
  • decides appeals on questions of law in civil actions and criminal trials
  • also called law court because of appellate function
  • may hear appeals of sentences of incarceration for a year or more
  • may advise Governor or Legislature
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