Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

American judicial system midterm 1 > Midterm 1 > Flashcards

Midterm 1 Flashcards

(77 cards)

Start Studying
1
Q

actus reus

A

Guilty act, intent to carry out action that is crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

adequate and independent state grounds

A

adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

adversarial system

A

Common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Arraignment

A

The formal reading of charges enters a plea.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

bench trial

A

No jury just judge
Good for when explaining complicated legal subject or getting off of heinous crime on a technicality
Changes who need to agree but defendant always has to wave right to jury.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

beyond a reasonable doubt

A

Level of confidence for criminal cases
Lots of disagreement over the definition
Intentionally not specifically defined as a percentage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Binding precedent

A

The precedent set by a higher court must follow.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

persuasive precedent

A

Precedent previously set but not binding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

blue slip

A

Home state Senators fill out blue slip with their opinion on a judicial nominee and if they should be appointed.
The system is becoming more political and less about patronage like blue slip

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

capital crime

A

Death Penalty is possible, the jury must convict and choose death sentance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

causation in fact

A

ie: direct causation, if the defendant didn’t do what they did would the victim have died

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

certified question (certification)

A

? a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

challenged “for cause”

A

The challenge to a potential juror for a specific cause. Like that they have close relations to a person or subject.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

claim preclusion

A

Can’t sue someone for the same claim twice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Direct causation,

A

if the defendant didn’t do what they did would the victim have died

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Issue preclusion

A

Not going to relitigate certain facts or issues that as answered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Comity

A

The same basic idea as full faith and credit but doesn’t have tho be required.
Marriage in another country
Not mandatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Concurrence legal definition

A

Mens rea and actus reus happen at the same time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

concurrent jurisdiction

A

more than one state has jurisdiction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

criminal negligence

A

A Reasonable person would be aware of the action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Damages

A

Monetary reward for someone after their property is damaged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

declaratory judgment (declaration)

A

A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

discretionary sentencing

A

Sentencing decision up to the judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

diversity jurisdiction

A

Federal gov has jurisdiction because it’s in more than two states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
en banc
Seen in front of like 12 judges
26
environmental perspective
Perspective on judicial decision making, about the general public views on a subject.
27
Erie doctrine
a federal court called upon to resolve a dispute not directly implicating a federal question must apply state substantive law
28
Equity
No right to a jury, Someone suing for fraud would not have a jury. The distinction comes from medieval England. Injunctive/clarity relief Usually non-monetary Facts decided by judge Deleware still has a separate court of chancery that deals with business law Business law grows out of trust law
29
exclusive jurisdiction
?Supreme court hears all of a specific case. federal has exclusive jurisdiction to a particular crime
30
ex post facto law
Law put in place after crime committed, can’t prosecute a person for that crime.
31
extralegal perspective
Judicial decision making?
32
federal subject-matter jurisdiction
? If its a federal subject matter?
33
federal party jurisdiction
If the defendant is the federal government
34
federal question jurisdiction
If it is a question of federal law
35
forum non conveniens
mostly common law legal doctrine whereby a court "acknowledges that another forum or court is more appropriate and sends the case to such a forum
36
forum shopping
Trying to get the judge or court that will be best for your case
37
full faith and credit
Other states will continue the laws of other states, divorce in wisconsin means divorce in florida`
38
general intent
The intent to carry out a given action. General intent is an intent to do something, regardless of any specific intent to cause a consequence of the something done. General intent is usually contrasted with a lack of intent; the conduct was either intended or accidental or unthinking. Evidence of any more specific level of intention—deliberate, conscious, purposeful, or premeditated—would also demonstrate the less specific level of general intent.``
39
Grand Jury
Jury before trial that has to decide if the person might have done it and if the trial should continue, guaranteed on the federal level but not all states.
40
gubernatorial appointment
Governor appoints the judge
41
in personam jurisdiction
if held by a state court, permitted that court to rule upon any case over which it otherwise held jurisdiction.
42
in rem jurisdiction
the power a court may exercise over property or a "status" against a person over whom the court does not have in personam jurisdiction
43
Injunction
Court forces someone to stop doing something
44
inquisitorial system
judges act more as investigators and can ask more questions. May seek evidence beyond that presented by parties. Precedent carries much less weight, in theory, no weight. Two courts could interpret a statute in totally different ways not really regarding the other’s decision Statues read in much more literal fashion, Virtually no use of jurys
45
legal perspective
Judicial decision making, looking at the case from legal precedent and opinions on the law
46
legislative election
For judges, state senate elects judges
47
long-arm statutes
allows for a court to obtain personal jurisdiction over an out-of-state defendant on the basis of certain acts committed by an out-of-state defendant, provided that the defendant has a sufficient connection with the state.
48
mandatory sentencing
MAndatory sentence for specific crimes. Pros and cons of mandatory vs discretionary. Mandatory will have more equal outcomes for people convicted of the same crime. Discretionary allows judges to look at the entire scope of the evidence.
49
minimum contacts
?
50
Missouri Plan
combo of governor appointments and elections,
51
national supremacy
?
52
nolo contendere (plea of no contest)
No contest plea, saying you don't need a trial and will go to prison but cant be used as confession of guilt.
53
partisan election
Judge elections labeled democrat and republican
54
nonpartisan election
No labels on ballot
55
Peremptory challenge
a defendant's or lawyer's objection to a proposed juror made without needing to give a reason.
56
personal perspective
Judicial decision-making perspective, personal views.
57
petit jury
The trail for criminal cases decides fact
58
plea bargain (charge or sentence)
Charge bargining, horizonrtal, dropping some charges. Vertical, admitting to lesser crime Sentance, lesser sentence
59
proximate causation
Two things have to be sufficiently close to each other, shooting someone then they die of cancer 30 years later
60
punitive damages
punish defendant to deter from an act, not in most cases
61
restitution (damages)
Loss suffered, more common than punitive. | putting in what you would have been if hadn’t happened
62
retention election
The election for judges to stay on the bench, incumbents typically win, less recently.
63
senatorial courtesy
The tendency to elect the choice from the home state senator, everyone does it for everyone. Happening less and less blue slip
64
sovereign immunity
is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
65
special appearance
a civil defendant's appearance in the court of another state solely to dispute the personal jurisdiction of the court over that defendant
66
specific intent
Requires that the person had a subjective desire or knowledge that their actions would bring about illegal conduct.
67
specific performance
?
68
Standing
???
69
stare decisis
Stand by decision, precedent.
70
Statute
formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy
71
territorial jurisdiction
States have jurisdiction if it happens in the state
72
three-judge appellate court panel
UHHHHHHHH?
73
three-judge district court panel torts
UHHHHHH?
74
trial court
First level of courts, where facts are decided by jury
75
Venue
Venue | Where the actual trial is held, which court
76
Verdict
Jury or judges decision on if the defendant is guilty or not
77
voir dire
Tell truth, jury selection

American judicial system midterm 1 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions