Chap 1 Flashcards

1
Q

Types of law (4)

A

Public
Private
Criminal
Civil

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2
Q

Sources of law (5)

A
Constitution
Executive order
Statutes /ordinances 
Rules and regulations (administration)
Court decisions
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3
Q

Statutes

A

State and federal

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4
Q

Ordinances

A

Local

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5
Q

Criminal law

A

Punishments are fines and jail

Felony (more serious crime, never expunged) vs. misdemeanor (less time in prison)

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6
Q

Civil

A

Prohibits conduct, penalties are fines/ and or jail

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7
Q

Public

A

Government is involved

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8
Q

Private

A

Gov does not have a stake in the game, ex marriage, personal injury

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9
Q

Summary disorderly conduct

A

Ex: traffic ticket

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10
Q

Contract law

A

Civil and private

But the government really doesn’t care, they care about the peaceful discourse

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11
Q

Trial court

A

Where cases initially go
Jury
Single judge
(Judge is law, jury is fact)

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12
Q

Appellate court

A

Talking about the law
Testimony about why you should get a new trial
System of judges

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13
Q

Trial: death penalty case

A

Pa, sentence set by jury in a capital case, (life or death)

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14
Q

Not court examples (4)

A

Tribunals
Immigration
Arbitration
Mediation

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15
Q

Tribunals

A

Part of the executive branch (social security administration)

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16
Q

Immigration courts

A

Under the department of justice

17
Q

Arbitration

A

Not a court, court like, union issues, it’s private

18
Q

Mediation

A

When someone comes in to settle a dispute

19
Q

Federal Court system ladder

A
  1. US Supreme Court
  2. Circuit Courts of Appeal
  3. Trial: US District courts
    - Subset: US Magistrate courts
20
Q

Is there a set State Court System

A

No, it varies from state to state

21
Q

Roles of the Courts (4)

A
  • dispute resolution
  • behavior modification
  • allocation of gains and losses
  • policy making
22
Q

Dispute resolution

A

Purpose is to keep the peace

-most civil cases will settle

23
Q

Behavior modification

A

reward for certain behaviors, penalties for others ( in civil and criminal courts)

24
Q

Allocation of gains and losses

A
  • money: fines, control of corporations, marriage

- Obvs, the value of a person varies from person to person

25
Q

Mandatory Vs Persuasive authority

A

Mandatory: follow the law from the higher courts
Persuasive: use a decision in a similar case to help your case

26
Q

Impact: Trial VS Apellate

A

Trial: impact on the people in the case
Apellate: broad impact

27
Q

Explain the Immigration Executive order

A

GET A GAME PLAN

28
Q

How does legislature overturn a judicial decision?

A

Just make a new law