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| Forbidden by the U.S. Constitution, this law declares conduct to be illegal after the conduct takes place |
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| A law forbidden by the U.S. Constitution, that makes conduct illegal for one person (or class of persons) by not for the population in general. |
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| The material element of the crime, which may be the commission of a forbidden action (ex. robbery) or the failure to perform a required action (ex. to stop and render aid to a motor vehicle accident victim). |
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| The mental element of the crime, that is, what was intended by the perpetrator of the crime. Usually the more intentional and willful the mental state, the more serious the crime |
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| Issued after a complaint, filed by one person against another, has been presented and reviewed by a magistrate who has found probably cause for arrest. |
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| A statement of charges against the accused prepared by the prosecutor, which, if approved by a judge, will require the accused to stand trial for the alleged crimes. This is used in states that do not employ a grand jury. |
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| A plea by a criminal defendant in which he or she does not deny the facts of the case but claims not to have committed any crime, or it may mean that the defendant does not understand the charges. |
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| I refuse to prosecute. A motion filed by a prosecutor before a judge, in which the prosecutor sets forth specific and justifiable reasons for not wishing to press charges against a criminal defendant. |
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| The process used in American courtrooms, where the trial is seen as a battle b/w two opposing sides, and the role of the judge is to act as a sort of passive referee. |
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| The procedure used in most European and Latin American Courtrooms in which the judge and jury take an active role in the trial and the attorneys can act only to aid and supplement the judicial inquiry. |
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| In very important or notorious cases the jury may be kept away from the public eye by the judge, and this usually means that the jury is housed and fed as a group at taxpayers' expense. |
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| An error committed at the trial court level that is so serious that it requires the appellate court to reverse the decision of the trial judge. |
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| Concerned with voluntary agreements between two or more people. Example of such agreements are a promise by one party , and a counter promise by another party. |
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| The law of civil wrongs, it concerns conduct that causes injury and fails to measure up to some standard set by society. i.e. personal injury, product liability |
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| distinction between Real property and personal property. Real property includes land, houses, and buildings. |
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| Considers how property is passed from one generation to another. American legal system recognizes a property owner's right to dispose of it as he or she wishes. The state's disposition of the property is carried out according to the fixed procedure set forth in its statues, by law interstate property is passed down to the deceased person's heirs. |
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| Private, confidential process in which an impartial person helps the disputing parties identify and clarify issues of concern and reach their own agreement. Does not act like judge. |
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| Process is similar to going to court. After listening to both parties in a dispute, an impartial person DECIDES how the controversy should be resolved. No judge or jury, impartial person makes final decision. These people are drawn from diverse types of professional backgrounds and frequently volunteer their time to help people resolve their problems. |
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| Set up to handle particular types of civil cases. Courts such as Domestic Relations Courts and Small-Claims courts are established. Domestic Relations is to deal with such matters as divorce, child custody, and child support. Small-Claims courts have jurisdiction to handle cases in which the money being sued for is not above a certain amount. |
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| # of government agencies have established administrative bodies with quasi-judicial authority to handle certain types of cases. |
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| Meant to clarify or to object to the plaintiff's petition. A motion to quash asks the court to void the summons on the ground that it was not properly served. |
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| The formal written statement by a defendant responding to a civil compliant and setting forth the grounds for his or her defense. |
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| An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses in the discovery process. |
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| Written questions sent by one party in a lawsuit to an opposing party as part of pretrial discovery in civil cases. The party receiving the interrogatories is required to answer them in writing under oath. |
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| Legal Profession- Large Corporate |
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| in house legal counsel, GM, (stocks bonds, tax issues, liability), work in a "clean environment", never see inside of court room. |
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| Legal Profession- General Corporate |
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| More tort issues, specializing in arguing cases in the courtroom |
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| Either side, management or unions |
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| Legal Profession- Government |
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| Working government, US Prosecutor or State Prosecutor, Work in While house, Congress, etc |
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| Legal Profession- Personal |
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| Vast majority of lawyers, wills and estate planning, torts property law, contracts, legal writing, etc. |
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| The decision of a grand jury to order a defendant to stand trial because the jury believes that probable cause exists to warrant a trial. |
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