Final Flashcards
1
Q
2 Basic Types of Courts
A
Trial and Appellate
2
Q
4 Levels of Courts (Low to High)
A
Limited Jurisdiction
Trail Courts (General Jurisdiction)
Appellate Courts
Courts of Last Resort
3
Q
14th Amendment
A
due process and equal protection
4
Q
Amicus Curiae Brief
A
Literally, a “friend of the court” brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. (Cannot be party to the litigation)
5
Q
What is allowed in Appelate Review?
A
only what is on the record
6
Q
Article I Judges
A
Legislative Courts
Term Limits, No Tenure
Tax and Military
7
Q
Article III Courts
A
Judiciary Courts
Tenure, No Term Limits
District and Appellate Courts
8
Q
Article I
A
Establishes the Legislative Branch
9
Q
Article II
A
established the executive branch
10
Q
Article III
A
Establishes the Judicial Branch
11
Q
Article V
A
amendment process spelled out
12
Q
Article VI
A
Supremacy Clause
13
Q
Article VII
A
Ratification of the Constitution by nine states required
14
Q
Bench Trial
A
A trial in which the judge alone hears the case
15
Q
Bill of Rights
A
First 10 amendments to the Constitution
Only apply to federal issues
16
Q
Blue Slip Rule (senatorial courtesy)
A
allows a home-state senator to stop a lower-court nominee by refusing to return the blue slip to the Judiciary Committee
17
Q
Beyond A Reasonable Doubt
A
The level of proof required to convict a person of a crime in criminal case
18
Q
Preponderance of the Evidence
A
Usually the standard of proof used in a civil suit
19
Q
Clear and Convincing Evidence
A
civil matters in federal litigation
Standard is higher than P/P but less than BRD
20
Q
Case or Controversy
A
A requirement that courts may decide only cases in which an actual conflict between persons exists.
(Justiciability)
21
Q
Case Briefing Criteria
A
PARTIES
FACTS
ISSUE
COURT’S FINDINGS
LEGAL BASIS
22
Q
Case Law
A
published cases by courts found in state or federal reporter series
23
Q
Case Precedent
Stare Decisis
Rule of Law
A
previous case ruling court can rely on for current ruling
24
Q
Codified
A
written into law
25
Commerce Clause
clause stating that Congress can regulate interstate and international commerce.
26
Controlling Law
contra to the concept of dicta or persuasive law where a higher court has ruled on a matter that decision is for the courts under its jurisdiction
27
Dicta (Dictum)
A remark statement or observation of a judge that is not necessary part of the legal reasoning needed to reach the decision in a case.
Not a binding legal precedent (other courts are not required to accept it)
28
Dissent
published opinion/reasoning of a judge/justice on the reviewing court
Not apart of Majority Opinion
29
Due Process
5th and 14th. hallmark of the american criminal justice system. Entitlements in adversarial proceeding depending on the potential punishment.
30
equity
interpret the law to make the outcome of the case right or fair and just
Delaware Chancery Courts
31
Who Do Lawyers Sue?
everyone
32
Exculpatory Evidence
any information having a tendency to clear a person of guilt or blame
Brady v. Maryland
33
Fairness and Justice
what criminal trials are supposed to be about in lieu of winning or losing.
34
Federalism
10th Amendment. powers are not delegated to the U.S. by Constitution nor prohibited by it to the states, are reserved to the states
35
Federal v. State Criminal Laws
depends on jurisdiction
36
FISA Court
Foreign Intelligence Surveillance Court
3 judges need to be in close proximity to the court in DC
37
Grand Jury
state/ federal bodies to investigate
38
Holding/Decision
how did the court rule in this case?
Affirm Reverse Remand
39
Indictment
a formal charge or accusation of a serious crime.
40
True Bill
Indicted by a grand jury
41
No Bill
no indictment
42
Information Indictment
in lieu of an indictment in certain jurisdictions
43
Judicial Activism
the practice of judges making rulings based on their policy views rather than their honest interpretation of the current law.
Dobbs v. Jackson
44
Judicial Legislation
when courts do not feel bound by the letter of the law or by their own precedents and instead appropriate the legislative function of making laws in order to resolve issues
Commonwealth v. Cass
45
Judicial Restraint
the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.
Brady v. Maryland
46
Judicial Review
The power of the courts to declare laws unconstitutional
47
Jurisdiction
refers to a court's authority over parties, subject matter and geographical area
48
Jury Nullification
jury can disregard both law and facts and rule as they want in any case.
49
Justiciable
appropriate for court assessment (case or controversy)
50
Kadi Justice
where a judge is free of all constraints and cane rule from their breast/heart
51
Moot
lost its practical significance because the underlying controversy has been resolved, one way or another
52
On All Fours
a reference to a lawsuit in which all the legal issues are identical (or so close as to make no difference) to another case, particularly an appeals decision which is a precedent in deciding the suit before the court
53
On the Record
what is allowed in an appellate review
54
Originalist/Strict Constructionist
the meaning of the constitutional language was fixed at the moment of its adoption in 1791
AS WRITTEN
55
Original Jurisdiction
authority of a court to hold a trial as distinguished from appellate jurisdiction to hear appeals from trial judgements
56
Example of Parties
plaintiff, defendant, petitioner, respondent, tortfeasor
57
Replicability
allows attorneys clients and judges to provide some rational assessment of how a case will be decided
58
Respondent Superior
an employer is responsible for the employee's actions
59
Rule of Four
The Supreme Court will hear a case if four justices agree to do so.
60
SCOTUS
Supreme Court of the United States
61
Sequester
keep away from others
62
Solictior General of the US
1. conducts and supervises all Supreme Court litigation on behalf of the United States;
2. determines whether appeals will be taken by the federal government to all appellate courts
3. determines whether the federal government will file an amicus curiae brief or intervene in any appellate court; and, additionally
4. assists the Attorney General, the Deputy Attorney General, and the Associate Attorney General in the development of broad Department program policy
63
Standing
legitimate justification for bringing a civil case to court
64
Statute
codification of a law or regulation by legislative body
65
Textualism
used to derive and apply rules from the words chosen by the constitution's framers and statute drafters
66
Quallifications for SCOTUS justice
nothing
ugly third grader
67
US Magistrate Court
federal lower trial courts with limited jurisdiction
68
venue
court's geographical jurisdiction
69
Writ of Cetiorari
A petition asking the Supreme Court to hear a case
70
7th Amendment
Right to jury in civil trials.
Civil Litigation
71
Actus Reus
voluntary act and essential element in proving criminal conduct
72
Alford Plea
a plea in which the defendant claims innocence yet pleads guilty for other reasons
73
Allen Charge ("dynamite charge")
If the jury reports that it is deadlocked and unable to decide on a verdict, this allows the trial judge to suggest that the jury further consider the charge in an effort to reach a verdict, but cannot be coercive
74
Hung Jury
a jury that cannot agree on a verdict
75
Allocution (Criminal Plea)
use something for a specific purpose or give something to a specific person etc. after an official decision has been made
76
Alternative Dispute Resolution (ADR)
legal techniques for the resolution of disputes outside the court involving an impartial third party
77
Arbitration
Processes that utilizes one or more third party persons whose decision is BINDING on the parties
78
Mediation
utilizes an impartial third party to assist dispute to reach a VOLUNTARY settlement of their disputes. Non-Binding
Ex Parte
79
Arrignment
criminal court hearing where defendants are read charges against them
80
Caveat Emptor
buyer beware
81
Nominal Damages
civil litigation damages of $1
82
Compensatory Damages
compensate a plaintiff for harm, injury, or other losses caused by the tortious conduct of another party
83
Punitive Damages
No Cap. Apparently five times the amount of compensatory damages or $350,000, whichever is greater
84
Class Action Lawsuit
action by one or more plaintiffs to bind a class of similarity situation folks in one large law suit
85
Constructive Notice
Basis on which jurisdictions hold people legally responsible for laws in their jurisdiction.
86
Contigency Fee
a fee paid after the successful conclusion of a case
87
Corpus Delicti
produce the body. Proof a crime has been committed
88
Cross Examination
The questioning of an opposing witness during a trial.
89
Direct Examination
examination of a witness by his or her attorney
90
En banc
the term used when the full panel of judges on the appellate court hears a case
91
Exclusionary Rule
4th Amendment. unreasonable search and seizure
92
Ex Post Facto
after the fact. no retroactive application in criminal matters
93
Expungement
relates to removal of a prior arrest/conviction record
94
Foreseeability
Goes to prospective application of laws since they cannot be retroactively applied after the act was committed and then the law was enacted
95
Frivolous Lawsuits
the practice of starting or carrying on law suits that have little to no chance of winning
96
Gerrymander
political input by the controlling political party to reconfigure legislative districts to benefit voters for their party
97
Hersay Exceptions
dying declaration
statements against one's own interest
business records kept on a regular basis
98
Immunity
exemption from a civil or criminal action
99
Use Immunity
Immunity given to a witness in exchange for evidence or testimony
100
Transactional Immunity
border form of use immunity that also protects the witness from any prosecution brought about relating to transactions to which they gave testimony
101
Qualified Immunity
protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
102
Absolute Immunity
Complete immunity from civil lawsuits. In the case of prosecutors, absolute immunity shields them from all civil liability for actions taken in connection with the traditional role of courtroom advocacy on behalf of the government.
103
Diplomatic Immunity
form of legal immunity and a policy held between governments that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws
104
Sovereign Immunity
judicial doctrine that prevents the government or its political subdivisions departments and agencies from being sued without its content
105
Implied Powers
Powers not specifically mentioned in the constitution
106
1
Trial Judge (JMN)
107
2
Federal Cricut for CT, NY and VT (JMN)
108
3
Intermediate appellate federal judicial panel (JMN)
109
4
Losing Side or Rule of Four (JMN)
110
5
SCOTUS Majority Wins (JMN)
111
6
NJ Civil Jury Panel (JMN)
112
7
NJ Supreme Court Justices (JMN)
113
8
AZ Criminal Jury Panel (JMN)
114
9
SCOTUS Justices (JMN)
115
10
Bill of Rights (JMN)
116
11
Apodaca v. Oregon (JMN)
117
12
Federal Criminal Jury Panel (JMN)
118
13
Federal Circuit Courts of Appeal or Military Jury Panel (JMN)
119
14
Equal Protection of the Laws (JMN)
120
15
Scotland Criminal Jury Panel (JMN)
121
Mens Rea
mentally culpable state essential elements of criminal conduct
122
PKRN
purposefully, knowingly, recklessly, negligently
123
Motion To Dissmiss
court lacks jurisdiction or demurrer
124
Motion to Make More Definite
alleged complaint(s) must be more specific
125
Motion to Quash
void an improperly served summons
126
Motion to Strike
Motion to Strike
127
Motion for Summary Judgment
no genuine issues of material fact
128
Nolo Contendere Plea
a plea of no contest
129
Nullum Crimen Sine Lege
no crime without law
130
Open Discovery
willingness by a prosecutor to open his case files to defense counsel to determine whether a case should go to trial aka Brady exculpatory material
131
Horizontal Overcharging
when a prosecutor files a number of related charges or a number of separate counts of the same basic charge
132
Vertical Overcharging
charging a single offense at the most serious level possible to maximize the state's advantage in plea negotiations
133
Parens Patriae Doctrine
the doctrine holding that the government, as parent of the country, has standing to act on behalf of a citizen particularly one who is a minor or under a disability
134
Plea Bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
135
Poll the Jury
to question each juror individually in open court as to whether he or she agrees with the verdict announced by the jury foreman
136
Pretrial Discovery
pre trial phase in a lawsuit in which each party, through the law of civil procedure can obtain evidence from the opposing party by means of discovery devices
137
Interrogatories
written questions submitted to the other party to be answered under oath - can be done at a modest cost.
138
Depositions
an out-of-court procedure whereby plaintiff, defendant or any witnesses are placed under oath and asked questions by opposing counsel on matters not otherwise privileged and that relate to the pending case. Done in an atty's office with a stenographer. Not a matter of public record - can be videotaped. Can be expensive
139
Production of Documents
production and inspection of documents like contracts, leases. Also, might include a request for a party to undergo an examination by a doctor to substantiate claims of injury
140
Pro Se
Acting as one's own attorney in court. Representing oneself.
141
Res Judicata
"The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.
142
Restorative Justice
punishment designed to repair the damage done to the victim and community by an offender's criminal act
143
Sua Sponte
Latin for "of its own accord," an action by a court without motion by the parties.
144
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
145
Tort Lawsuit
Civil case to find blame for intentional act or negligence that has harmed another.
146
Verdict Uncertainty
verdict that does not have any information about the outcomes
147
Voir Dire
to tell the truth
148
Left Over Jury
process of juror selection in which the attorneys try to empanel only those favorable to their side and eliminate for cause or peremptory strike all others
149
Law is amoral
False
150
Role of the Prof in Case Method of Study
to goad and stimulate, ask questions only
151
The case method makes every position respectable
False
152
To take a state bar exam, one must graduate from an ABA-accredited law school
False
153
Jurisidiction refers to a court's authority of which of the following
a) geographic area
b) subject matter
c) person(s)
d) all
All
154
Federal circut courts of appeal must hear all appropriate cases brought before them
True
155
In cases of original jurisdiction before SCOTUS testimony is heard by ____
senior district judge
156
Which of the following judicial interpretation view supports the courts usurping the legislative function
a)originalism
b) jud. restraint
c) jud. activism
d) kadi
c) jud. activisim
157
Per the text and your prof, the main goal of a legislator/politician is to ____
get re-elected
158
The Bill of Rights, when written, was intended to apply to which of the folllowing
a) fed govt only
b) states only
c) fed and state
d)international
a) fed govt. only
159
Which of the folllowing legal terms support the conecept that judges generally defer to legisdaltors who are democratically accountable
a) jud. comity
b) gerrymandering
c) subponea duces tecum
d) jud. restriant
e) Constitutal law of privacy
d) jud. restriant
160
In order for the court to accept a plea agreement, all defendants must allocute to their participation in and guilt in the pla bargained offense
False
161
Judges in all state jurisidictions are encouraged to be actilvey involved in plea agreements
False
162
Prosecutors who utilize a more intesive case-screening poplicy drop fewer charges after filing
True
163
In order for a court to exercvise jurisdiction over civil litigation, the litigant must have a personal statke in the outcome or controversy. The personal stake is called ____
Standing
164
Which of ther folowing criminal due process guarantes are NOT applicable in a civil proceding?
a) apointmnet of consuel
b) 5th A right against self-incrim
c) 6th A right to trail
d) a and b only
e) all are not applicable
e) all are not aplicable
165
Civil and criminal trails are conducted in the same manner
True
166
Status offenders are typicaly transfered to crim. court
False
167
____defendant a. disposition
____indictment b. respondant
____trail c. petition
____verdict d. finding
____sentence e. adjudicatory hearing
B
C
E
D
A
