Exam 1 Study guide (pt1) Flashcards
Who controls the legislative branch?
The Congress, senate and house
Who controls the executive branch?
The President
Who controls the judicial branch?
The supreme court
What do the three branches fall under?
The constitution
What is the supreme law of the land?
U.S. Constitution
What are the two parts of the U.S. Constitution?
- Main body
2. Amendments
What is the lowest level of federal court?
US District Courts
Powers not granted to the federal government are reserved by who?
The states
In the Military court system, how many appellate levels are there before the US Supreme court?
3 Appellate levels in the military, before the supreme court.
In order of lowest to highest, what is the hierarchy in the Federal system courts?
District courts > Courts of Appeal > U.S. Supreme Court
or
Court of Appeals for the Armed Services > U.S. Supreme Court
or
State Supreme Courts > U.S. Supreme Court
From lowest to highest, what is the level of hierarchy in the Military System?
Branch specific Courts-Martial > Branch specific Court of Military Criminal Appeals > U.S. Court of Appeals for the Armed Services > U.S. Supreme Court
How does the U.S. constitution work?
It is a grant of power from the states to the federal government
From lowest to highest, what is the level of hierarchy in the a typical state system?
Limited Jurisdiction Inferior Courts > General Jurisdiction Trial Courts > First Level Appellate Court > State Supreme Court
What is the definition of law?
A system of rules that defines socially acceptable behavior and sets punishments for violations.
Is NJP a level of the military court system?
No
Who maintains the public law?
The state
Are corporations considered individuals in the eyes of the law?
Yes
Explain public law
A law dealing with relationships of the government to the individual.
Explain private law
A law dealing with individuals from one to another where the state does not get involved. (divorce court, law suits)
What law does the following fall under?
- Society harmed
- No self-help
- Restriction on liberty
- Beyond a reasonable doubt
- Trial by jury guaranteed
Criminal law
What law does the following fall under?
- Individual harmed
- Self-help permitted
- Damages
- By a preponderance of the evidence
- Limited right to trial by jury
Civil Law
If an individual is harmed, is that still considered a harm against society?
Yes (criminal law)
Can one insure themselves against intentional acts?
No
What two documents fall under civil law?
Contracts and Torts
