Final Flashcards

1
Q

What is the supreme law of the land of the United States?

A

The U.S. Constitution.

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2
Q

Where did the term common law come from?

A

England.

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3
Q

What are ethics?

A

Deciding what is right or wrong action in a reasoned, impartial manner.

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4
Q

How does a case get to the appellate level? To the IL Supreme Court? To the U.S. Supreme Court?

A

Trial Court->Appellate Court->State Supreme Court->U.S-> Supreme Court

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5
Q

What is the difference between a felony and a misdemeanor?

A
Felony:
   -At least 1 year in prison
   -Fine around $1000 
   -Serious
Misdemeanor:
   -Less than 1 year in prison.
   -Less serious.
   -Most likely probation or supervision for a certain period of time.
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6
Q

Felony or Misdemeanor?

-Murder

A

Felony

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7
Q

Felony or Misdemeanor?

-Burglary

A

Felony

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8
Q

Felony or Misdemeanor?

-DUI

A

Misdemeanor

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9
Q

Felony or Misdemeanor?

-Shoplifting (less than $100)

A

Misdemeanor

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10
Q

Felony or Misdemeanor?

-Robbery

A

Felony

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11
Q

Felony or Misdemeanor?

-Arson

A

Felony

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12
Q

Felony or Misdemeanor?

-Using a fake ID.

A

Misdemeanor

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13
Q

What is assault?

A

Threat.

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14
Q

What is battery?

A

Physical torturing.

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15
Q

What is a tort?

A

Private or civil wrong.

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16
Q

What is a crime?

A

Offense against society.

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17
Q

Who brings civil cases?

A

Me.

18
Q

Who is the plaintiff in criminal cases?

A

Society(district attorney or state attorney-which represent the state or federal government).

19
Q

What is the first step in a civil trial?

A

Jury selection.

20
Q

How many jurors must find the defendant guilty or not guilty in a criminal trial?

A

Unanimous- All must agree.

21
Q

What can happen to someone who is found guilty but mentally ill?

A

May not go to jail but to a mental institution.

22
Q

What is a slander?

A

A spoken lie.

23
Q

What is libel?

A

Written lie.

24
Q

What must an officer get to enter a home, building, or business?

A

Warrant

25
Q

What people can void the contracts?

A

Minors, mentally handicapped, intoxicated

26
Q

What is revocation?

A

Offeror taking back offer.

27
Q

What are the 6 elements of a contract?

A
  • Offer and Acceptance
  • Genuine Assent
  • Legal
  • Consideration
  • Capacity
  • Writing
28
Q

Can contracts be made orally?

A

Yes

29
Q

What items are minors held responsible for when it comes to contracts?

A

Necessary needs only (food, clothing, shelter)

30
Q

What is a bilateral contract?

A

Acceptance by communicating to offeror.

31
Q

What is a unilateral contract?

A

Acceptance by performing actions of the contract.

32
Q

What is consideration in contracts?

A

Both sides get something of value.

33
Q

A decision made by the Illinois Supreme Court would affect:

A

Illinois courts.

34
Q

A genuine agreement may be lacking due to:

A

Duress, fraud, undue influence, etc.

35
Q

A minor is not emancipated if they:

A

Fight with parents.

36
Q

A will only takes effect:

A

When a person dies.

37
Q

A person who dies without a will is called______.

A

Intestate.

38
Q

Accused criminals must be informed of their rights, known as:

A

Miranda Rights

39
Q

An agreement that someone can be discharged at any time for any reason is known as:

A

Employment at Will.

40
Q

An unaccepted offer may be terminated by:

A

Time, counter offer, and rejection.

41
Q

An unlawful or harmful toughing is called:

A

Battery

42
Q

Capacity to contract means that the person

A

knows what he/she is doing.