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Intro To Law > Final Exam > Flashcards

Final Exam Flashcards

(53 cards)

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1
Q

Judges determine

A

what is amicable

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2
Q

Appeal to US Supreme Court

A

writ of associarity

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3
Q

SC does not have the ability to

A

bring cases to them

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4
Q

SC Appeal Process

A

Discussion list –> Rule of 4

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5
Q

SC may want to hear a case if

A
  • large social issue
  • final say
  • no political issues or war
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6
Q

Information Gathering

A

stage before trial where all facts are discovered (through briefs)

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7
Q

Amicus Briefs

A

Lawyers outside the case submit a brief to assist on the case

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8
Q

Decision Making

A
  • long uninterrupted soliloquies in order of seniority
  • head count of sides
  • drafting of decision
  • approval by 5 justices
  • concurrent/ dissenting opinions
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9
Q

Plurality Opinion

A

not all justices agree on the legal reasoning but agree on the outcome

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10
Q

Gideon v Wainright

A

states must supply lawyer for felony cases

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11
Q

Argrsinger v Hamlin

A

extended Gideon to any cases where the defendant may go to jail

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12
Q

Most crimes are not reported if

A
  • criminals doing business with other criminals
  • no trust in the system
  • do not get caught (no trust in the system)
  • embarrassed
  • between family members
  • minor crimes
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13
Q

low charge rate because of

A

youthful offenders, lack of evidence or unreliable witnesses

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14
Q

Preliminary hearing

A

determine if there is enough evidence for trial

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15
Q

Jury for preliminary hearing

A

23 members, 3 months, indictment, secret

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16
Q

Trial jury

A

6-12 members, length of trial, discover guilt, public

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17
Q

Bail

A

guarantee attendance to trial

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18
Q

Types of bail

A

secured bail, unsecured bail, released on your own reconesense

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19
Q

Plea bargaining

A

pleading guilty to a lesser crime

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20
Q

Reasons to plea for defendant

A

lesser sentence or saving money

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21
Q

Reasons why lawyers want pleas

A

speeds cases, lightens load, more money, and counts as conviction, system could not handle all cases going to trial

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22
Q

Criticisms of plea bargaining

Study These Flashcards
A
  • judges no longer involved
  • elected officials no longer in control of sentence length
  • may push people to plead guilty (not supported by Alaska example)
23
Q

Exclusionary Rule

Study These Flashcards
A

Evidence obtained illegally can not be used in trial

  • fruit of the poison tree
  • protect citizens
  • keep police honest
  • criminals go free
24
Q

McNotten rule (insanity test)

Study These Flashcards
A

person is not responsible for criminal conduct if at the time they did not know the nature of what they were doing or did not know what they were doing was wrong because of mental disease or defect

25
Insanity defense outcomes
no longer subject to death penalty | no set release date
26
1940-1970s sentencing
rehabilitation, variety in prison terms, did not work
27
1970's to present sentencing
mandatory minimum and three strikes
28
Sentencing Reform Act
criteria for sentence and manual to guide judges
29
US v Booker
made sentence guidelines advisory not mandatory
30
Process of a lawsuit
harm--> complaint---> notice served---> counter claim (optional) ---> discovery ---> per-trial motions and conferences
31
Depositions
oral statements under oath given during discovery
32
Interrogatories
written questions and answers under oath given during discovery
33
Arbitration
both partners come and present in front of third party any decisions made are final
34
Mediation
council brings parties to a common ground
35
Four factors that influence judges
1. Social norms 2. What the law says and precedent 3. Judges own views 4. legislation, constitution, executive orders and regulations
36
How to determine statute meaning
examine statute, look at legislative history
37
Legislative history, criticism and example
- testimony, notes and statements - only one persons view - federalist papers
38
Four reasons to follow precedent
1. Predictability 2. Reliance 3. Equality 4. Efficiency
39
Five ways courts make policy changes
1. Judicial Review 2. Remedial Policy Making 3. Statutory Interpretation 4. Oversight and Administrative Activity 5. Common Law
40
Judicial Review
only applicable to government actions, court gave themselves power of judicial review through Marbury v Madison
41
Remedial Policy Making
settle dispute between two people and make policy
42
Statutory Interpretation
courts interpreting statute because of vagueness or other issues
43
Oversight and Administrative Activity
Provisions that have bureaucracy fill in the blank
44
Common Law
fill in the gaps where there is no statutory law
45
Five Criticisms of the court as policy makers
1. timeliness 2. not enough information 3. unelected 4. lack of flexibility 5. can not monitor
46
Brown v Board
constitutionality of segregated schools - responding to plessy v furguson - challenging to show in elementary school
47
Reasons why Brown went to court
1. Southern legislature would not vote against segregation 2. seniority system (southerners in charge of house) 3. court was left
48
Brown removed
forced segregation (children go to schools in heir own neighborhood)
49
To some Brown decision had little effect, what did?
- Civil Rights Act - Primary and Secondary Education Act - Health and Welfare Committee
50
Mid 60's began
active integration (busing)
51
Court did effect segregation because
1. yearly doubling of desegregated schools 2. lifted language from court cases 3. superintendents attributed desegregation to court
52
De jure
by the law
53
De facto
in actuality, by fact

Intro To Law (2 decks)

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