Ch. 3 American Legal Systems & Procedures Flashcards Preview

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Flashcards in Ch. 3 American Legal Systems & Procedures Deck (67)
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1

The American legal system focuses on both ________ law and ______ law.

criminal and civil

2

_______ law constitutes law that addresses crimes and punishment of crimes, and this _________ the behavior of individuals to ensure behavior is consistent with society's conception of socially and _______ appropriate behavior.

criminal; regulates; morally

3

Criminal laws represent crimes against the ______.

state

4

_______ law represents law that regulates the relationships between parties.

civil

5

Both the federal and state court system have 3 levels of courts - name them.

1. trial court
2. an appeals or appelate court
3. Supreme Court

6

The federal trial court is referred to as the ________ _________ court. There are 94 district courts through the US and at least _____ in every state.

federal district; one

7

If a party appeals the district court's decision, she can bring a case in the ________ court, known as the Federal District Court of __________ . The party is allowed the first appeal as a matter of ______. There are ____ federal appeals courts that each cover several district courts in a geographic area.

appeals; appeals; right; 12

8

If a party wishes to appeal the decision of the federal circuit court (appeals court), she may seek to bring a case to the _________ court. The court has the __________ to determine if it will review decisions on appeal.

Supreme; discretion

9

To bring an appeal to the Supreme court, a party must petition the Court for a ____ of ___________. It will be granted if ____ of the 9 justices agree to hear the case. The court only grants petitions for compelling reasons. If they hear a case and render a decision, the decision is ______.

writ of certiorari; 4; final

10

There are specialized federal courts that hear issues on things such as:

1. federal tax courts
2. federal bankruptcy courts

11

States have specialized courts such as:

1. family court
2. probate court
3. small claims court

12

A trial court is a court of ____________ jurisdiction, meaning it is the first court to consider an action.

original

13

An appeals court only has ___________ jurisdiction, meaning the power to review decisions of the ______ court.

appellate; lower

14

_________ jurisdiction is limited to reviewing, affirming, revising, or modifying decisions of the lower courts.

appellate

15

T/F The appeals courts do/ do not conduct trials

Do NOT

16

Appellate courts only reverse or set aside the lower court's decision if it reflects a clear _______ or discretion.

abuse

17

On issues involving interpretation of law, _________ courts do not defer to the ______ court, and will reverse such decisions when they reflect an improper or unconstitutional application of the law.

appellate; lower

18

________ means that the appellate court will send the case back to the lower court for a new trial so that the lower court can take other actions consistent with the appellate court's findings. Alternatively, the appellate court can ________ or set aside a previous decision.

remand; reverse

19

A ________ court also has appellate jurisdiction but is limited to reviewed the decision of the _________ court.

Supreme; appellate

20

The Constitution grants the ________ court original jurisdiction to hear certain cases including:
a. between __ or _____ _________
b. between the federal gov't and state
c. involving officials of foreign countries
d. by a state against citizens of another state or country.

Supreme; between 2 or more states

21

When the Supreme courts reviews decision, they give __________ to decision of fact and only overturn such decisions if they are clearly __________.

deference; erroneous

22

A supreme courts review of decisions involving interpretations of legal rules is __ _____, meaning it is entirely new and does not defer to the lower court's judgement.

de novo

23

The Federal Rules of ______ _________ (aka Federal Rules) govern the procedures for filing a civil suit in ________ court. States have adopted their own rules of procedures but are generally ________ to federal rules.

Civil Procedures; federal; parallel

24

Any party bringing suit must have _________, which is the legal right to bring the suit. This refers to the notion that the person who brings suit must have or imminently have a legally recognized injury, sometimes referred to as an _______-__-____.

standing; injury-in-fact

25

_______ is the person who brings the suit and the person being sued is called the _________.

plaintiff; defendant

26

The documents parties file in connection with their lawsuit are called ___________.

pleadings

27

The plaintiff files a __________ with the trial court setting forth the basis of her lawsuit. The court will isess a copy to the ____________ and a summons.

complaint; defendant

28

The defendant must respond to the complaint, called an _______ to the complaint. It must ______ or _____ the allegations within the complaint.

answer; admit or deny

29

The defendant may also raise defenses that would prevent the plaintiff from holding the defendant liable called an _____________ defense.

affirmative

30

The defendant can also raise a _______________, which are claims that the defendant has against the plaintiff.

counterclaim