Exam 1 Flashcards
(110 cards)
1
Q
mens raya
A
mental culpability to commit a crime
2
Q
arraignment
A
first hearing with a judge
place a bond to ensure they show up for court
3
Q
complaint
A
officer files one with a date and specific action
4
Q
a criminal case must be proven
A
beyond a reasonable doubt
5
Q
a civil case must be proven
A
by preponderance of the evidence
6
Q
what goes on during a pre-trial
A
negotiate with lawyers to avoid a long trial
7
Q
discovery
A
anything a lawyer has
they must show it to the other lawyer before the trial
8
Q
brady
A
any exculpatory evidence
9
Q
exculpatory evidence
A
evidence that can prove someone innocent
10
Q
motion to supress
A
occurs if an officer violates a person’s constitutional rights
11
Q
motion in limine
A
motion to limit the evidence before a trial
if a person has past records, they will not consider those in the trial to focus on the case at hand
12
Q
jury trial
A
only if facing jail time
13
Q
bench trial for a misdemeanor
A
all 8 judges must agree - if not, it is a hung jury
14
Q
bench trial for a felony
A
all 12 judges must agree - if not, it is a hung jury
15
Q
voir dire
A
jury selection - try to find a fair and impartial jury
16
Q
opening statement
A
preview of what the attorney will do (like an introduction)
17
Q
burden of proof
A
providing enough evidence to convict
18
Q
closing arguments
A
attorney pulls out all evidence and discoveries
19
Q
deliberation
A
sentencing
20
Q
in order to appeal a case there must be a ____ reason
A
legal
21
Q
what restrictions occur during an appeals case?
A
limited to the transcript from the previous case
22
Q
legal brief
A
a statement of everything that went wrong in a case during the appeals process
23
Q
standing
A
when a person has a right to ring an action into court
the outcome must affect you personally
24
Q
what three things must a person have to have standing?
A
- injury in fact
- causation
- redressability
25
injury in fact
actual or imminent injury
26
causation
injury has to be fairly traceable to the person
27
redressability
if the outcome is favorable to you or if you can still be reimbursed for the actions
28
ripeness
it is worth taking the case to trial
29
moot
hearing the case is a waste of time
30
example of capable of repetition yet evading review
```
band plays loud
you file a suit
they stop
case is moot
they play again
```
31
supremacy clause
a state cannot pass a law that contradicts the constitution
32
commerce clause
congress has the power to regulate commerce
33
Heart of Atlanta Hotel case
hotel denied a black man a room
| he sued, went all the way to supreme court, he won
34
how is the commerce clause used in the Heart of Atlanta Hotel case?
people from all states stay in the hotel, so congress can regulate it
35
NLRB v. James & Laughlin Steel
an act prohibited unionization of employees
| employees were fired because they started to unionize
36
how is commerce clause used in the NLRB v. James & Laughlin Steel case?
the company sold steel to different states so congress can regulate it
37
State v. Lopez
congress passed a gun-free school zone act
| tried to use commerce to uphold it but FAILED
38
10th amendment
any power not specifically delegated to the federal gov't is left to the state
39
dormant commerce clause
restricts the state's ability to pass a law that drastically affects interstate commerce
40
what case is an example of the dormant commerce clause
West Lynn Creamery v. Healy
41
West Lynn Creamery v. Healy
milk prices plummeted in Massachusetts
Mass. taxed raw milk from other states then subsidized the tax money to the Mass. farmers
2/3 of the milk was coming from other states
the burden was too large on other states
42
priveleges and immunities
states can't discriminate against citizens from other states
43
full faith and credit clause
requires courts in all states to uphold all contracts of public acts from other states (marriage, wills)
44
as long as the action complies with the supreme court, a law can
deprive a person of life, liberty, or property
45
what amendment does equal protection fall under?
14th
46
equal protection
laws apply to everyone the same way
47
due process
the gov't cannot deprive a person of life, liberty or property without due process
48
two types of due process
procedural
| sustantive
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procedural due process
gov't must use fair procedures
| entitles a person to notice and an opportunity to be heard
50
substantive due process
basic fairness of law
51
three types of scrutiny
strict
intermediate
rational bias
52
strict scrutiny
SUBSTANTIAL relationship to a COMPELLING gov't interest
53
fundamental right
any right you have through the constitution
54
if strict scrutiny exists, the law must be
narrowly tailored
| the least restrictive means
55
a case that deals with race, nationality or citizenship is what type of scrutiny?
strict scrutiny
56
what are a few compelling gov't interests?
public safety
national security
preserving the lives of multiple individuals
57
example of a strict scrutiny case
brown v. board or education
58
intermediate scrutiny
SUBSTANTIALLY related to an IMPORTANT gov't interest
59
a case that deals with gender would fall under what type of scrutiny?
intermediate scrutiny
60
example of intermediate scrutiny
women on the front ines
61
rational bias scrutiny
RATIONALLY related to a LEGITIMATE gov't interest
62
rational bias test
rationally related to a legitimate gov't interest
63
tort
civil wrong that gives the injured party the right to bring suit against the wrongdoer to recover compensation for the injuries
64
tortfeasor
someone who commits a tort
65
purpose of torts
to compensate individuals who are injured
to prevent retaliation
to deter future wrongs
66
three classifications of torts
intentional
negligence
strict liability
67
intentional torts
when the defendant takes an action intending certain consequences
68
assault
when one person intends to place another in apprehension of immediate offensive bodily contact
69
reasonable person standard
what a reasonable person in the same or similar situation would do
70
battery
intentional, unwanted bodily contact
71
4 defenses of assault or battery
consent - the other person agrees to fight
self-defense
defense of others
defense of property
72
defamation
intentional publication of a false statement to an individuals reputation
73
can a re-publisher be accountable for defamation
yes they are also liable
74
libel
anything written
75
slander
anything spoken
76
exception of slander per se
gossip about someone
77
actual malice
with the intent to hurt someone
78
4 forms of privacy torts
false light
public disclosure of private facts
appropriation for commercial gain
intrusion upon seclusion
79
false light
when publicity about a person creates an invalid impression
80
appropriation for commercial gain
use an other person's name, likeness, or voice without permission
81
intrusion upon seclusion (and example)
when someone invades another person's solitude when they have the right to expect privacy
ex - peep holes
82
obscenity
speech that appears prurient (overly sexual)
83
miller test
1. whether it depicts or describes, in a patently offensive way, sexual conduct
2. whether it lacks scientific, artistic, political, or literary
84
4th amendment (two main points)
protection from unreasonable search and seizure
| restriction on warrants
85
warrants
a court order signed by a judge that gives a law officer the ability to search the items
86
probable cause
sufficient reason based on known facts to obtain a warrant
87
exceptions to the 4th amendment
warrantless searches
| plain view doctrine
88
warrantless searches
reasonable belief the sought for items will be removed by the time a warrant is obtained
89
plain view doctrine
must believe the object is evidence or contraband of a crime
CANNOT move it to get a better view
also plain touch and plain smell
90
three-prong Horton test
officer must lawfully be present where the object is in view
has to have the lawful right to access the object
incriminating object must be directly visible
91
negligence
any behavior that creates reasonable harm to others
92
in the case of negligence, the plaintiff the must prove all 4 of these elements
duty
breach
causation
damages
93
duty
the duty of care that is owed to another person
94
breach
violated the duty owed to someone
95
two forms of causation
cause in fact
| proximate clause
96
cause in fact
plaintiff must prove the defendant's breach caused the damages
97
proximate clause
both the plaintiff and the plaintiff's damages must be reasonably forseeable
98
example of proximate clause case
Mrs. Palsgraph v. Railroad
| shrapnel across the train station
99
two types of damages
compensatory
| punitive
100
compensatory damages
reimbursement for your loss
101
punitive damages (and case example)
action committed with extreme reckless disregard for property or life
Ford Pinto case
102
Res Ipsa Loquitur
cause is inferred
the injury would not ordinarily occur without someone being negligent
defendant must prove, by preponderance of the evidence, that they are not negligent
103
negligence per se
entire situation is negligent in and of itself
104
negligence per se example
selling alcohol to minors
105
in order to prove negligence per se, the plaintiff must usually prove that
the defendant violated the statute
the violation caused the harm
the plaintiff was a member of that statute's protected class
106
for what defense is assumption of the risk used?
defense used against negligence
107
two forms of assumption of the risk
expressed
| implied
108
expressed assumption of the risk
written, something documenting your assumption of the risk
109
implied assumption of the risk
verbal
| ex - putting on a uniform or strapping on a football helmet
110
good samaritan statute
unless there is gross negligence, a person cannot be sued for trying to help another person and accidentally harming them
ex - give CPR, break the person's rib, cannot be sued
