Basic Law Flashcards
(52 cards)
stare decisis
“let the decision stand”
Dicta
Expressions in opinion that go beyond the facts and are individual views of author; not binding in subsequent cases
4 Types of Dismissals
No cause of action
Summary judgment - dismiss civil action as matter of law bc no issue of material fact
Directed verdict - after plaintiff’s case or complete trial
Judgment not withstanding the verdict
2 Elements of Burden of Proof
Production
Persuasion
5 Standards of Proof (and when)
Beyond Reasonable Doubt > 90% (Criminal)
Clear and Convincing - 70-80% (Civil with personal liberty ramifications, eg commitment, termination of parental rights, competence for medical decisions, deportation)
Preponderance of the Evidence - 51% (Civil with monetary alone, factual propositions more likely than not)
Probable Cause < 50% (basically for LEO to proceed, reasonable belief that person has committed a crime)
Reason to Believe - lowest standard (reporting child abuse)
Beyond a Reasonable Doubt general def
Proof that an ordinary person would be willing to rely/act upon it in most important of his affairs. NOT that there’s no possible way
4th A
Freedom from unreasonable search/seizure
5th A
Right not to incriminate oneself, and right to due process for federal defs
6th A
Right to assistance of counsel
8th A
Cruel/unusual punishment
14th
Due process for state defendants; equal protection
Equal Protection (Def and Additional Subpoint)
Similarly situated classes must be treated similarly. Must be a rational basis for different treatment
Suspect Classes (Def and Legal Significance)
Group that is particularly vulnerable to equal protection violations. Courts apply strict scrutiny standard when eval’ing constitutionality of law/action.
Strict Scrutiny Standard (Basic and 3 Reqs)
Courts presume law invalid unless gov’t can show: 1) compelling state interest; 2) narrowly tailored to achieve; and 3) least restrictive means to achieve
2 Elements of Due Process
Substantive Due Process (fundamental fairness)
Procedural Due Process
3 Components of Balancing Test for Procedural Due Process (& case)
Matthews v. Eldridge (1976)
1. Private interest affected by gov’t actions
2. Risk of erroneous deprivation of such interest through procedures used, as well as the probable value of added procedural requirements
3. Gov’t’s interest and extent to which it will be impeded by additional safeguards
Habeas Corpus
“May you have the body.” Basically to release somebody from unlawful imprisonment, nothing about guilt/innocence. Can be used for psych hospital
6 LMCs which Used Balancing Test
In re Richardson
Addington v. TX
Parham v. JL and JR
Ake v. OK
Santosky v. Kramer
WA vs. Harper
Right to Privacy
Not specifically enumerated, derivations from 1st, 3rd, 4th, 5th, and 9th amendments
42 U.S.C. 1983 (Civil Action for Deprivation of Rights)
Basically, any entity/gov’t/etc that deprives somebody as rights secured by Constitution, liable to be sued for damages
4 LMCs Filed Under 42 USC 1983
- Lessard v. Schmidt
- O’Connor v. Donaldson
- Rogers v. Commissioner
- Estelle v. Gamble
Tort (& Intent of Tort Law)
A civil wrong.
(Attempt to make injured party whole, usually financial restitution, to shift financial loss from injured party to tortfeasor)
Intentional vs. Unintentional Torts
Intentional: acts done with knowledge that damage may result
Unintentional: negligence; behavior which causes an unreasonable risk of causing harm
Psychiatry 3 Ex. Intentional Torts and 1 Ex. Unintentional
I: False imprisonment, violating civil rights, sex with patients
U: Professional negligence (malpractice)
