Term
| What are the two primary functions of the Constitution? |
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Definition
1) To unify a new nation and govern its people and, according to some historians,
2) To increase commerce in ways that the articles of confederation could not |
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Term
| What is the power of the Judicial review? |
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Definition
| The power of judicial review is the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because it is in conflict with the fundamental law. |
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Term
| To prove a criminal case... |
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Definition
| bad act + bad intent = prima facie case |
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Term
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Definition
| Alibi, Insanity, Self Defense, Entrapment |
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Term
| How do you find cause of action? |
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Definition
| facts + law = cause of action |
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Term
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Definition
Affirmitive Defense = immunity
Damages = $
Compensatory damages
punitive = punishment |
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Term
| What happens in trial court? |
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Definition
| Pick a jury, opening statement, witnesses/evidence examination, closing argument, cross examination, jury instructions, deliberations, verdict |
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Definition
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Term
| What happens in an appellate court? |
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Definition
| They review questions of the law only. |
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Term
| names of parties in the Appellate court? |
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Definition
| appellant/appellee, petitioner.respondant |
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Term
| How does a case get to the fed. court? |
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Definition
| parties from different states, diversity of jurisdiction & controversy must me $75,000+ |
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Term
| Federal court subject matter? |
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Definition
| Federal constitution, Federal statute, federal admin. rule, admirality law |
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Term
| The state can hear basically anything they want unless its been prempted by fed. law |
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Definition
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Term
| U.S.S.C Members (last names) |
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Definition
Roberts
Sealia
Kennedy
Thomas
Ginsburg
Bryer
Sotomayer
Alito
Kagen |
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Term
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Definition
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Term
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| The body of English law as adopted and modified separately by the different states of the US and by the federal government. |
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Definition
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| prevent conflicting laws to be passed between states or to prohibit states from passing any laws on a particular subject. |
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Term
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Definition
1st amendment - freedom of speech
4th - unreasonable searches & seizures
5th - protects the right to due process, and prohibits self-incrimination and double jeopardy
8th amendment - cruel and unusual punishment
9th amendment - protects right NOT enumerated in the constitution. |
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Term
| who writes administrative rules? |
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Definition
| President (executive branch) |
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Term
What branch of gov.t
Article 1?
Article 2?
Article 3? |
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Definition
1. Legislative
2. Executive
3. Judicial |
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Term
| Differences and similarities between statutes and administrative rules? |
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Definition
Statutes are laws passed by a Legislative body and signd into law by the Executive. Administrative regulations are rules that are established to administer the programs and aims of the particular agency that promulgated them
Differences-
Regulations are rules, not laws. Agencies create regulations for their jurisdictional areas under powers that legislative bodies grant them.
Statute is another name for a law passed by a legislative body. Courts also sometimes make law, known as case law, based on legal precedents in the absence of a governing statute. |
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Term
| Doctrine of implies powers |
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Definition
| powers not stated in the constitution |
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Term
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Definition
| standard of proof used in some civil trials, the evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt |
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Definition
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Definition
| what the prosecution or plaintiff must be able to prove in order for the case to go to the jury. |
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Definition
| a claim based on the law and the facts is sufficient to support a lawsuit |
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Term
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Definition
| a defense whereby the defendant offers new evidence to avoid judgement |
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Term
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Definition
| law that creates right and duties |
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Term
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Definition
| law that regulates how the legal system operates. |
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Term
| how are substantive and procedural laws different? |
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Definition
Powers of substantive vs procedural laws
Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he wins or loses and even the compensation amounts etc. Procedural laws on the other hand, have no independent existence. Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive laws have the power to offer legal solution. |
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