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Jurisprudence > Midterm > Flashcards

Midterm Flashcards

1
Q

a request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct

A

appeal

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2
Q

to make such a request after a trial by a party that has lost is..

A

to appeal

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3
Q

one who appeals is called

A

the appellant

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4
Q

the other party that didn’t appeal is called the

A

appellee

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5
Q

a trial without a jury, in which the judge serves as the fact finder

A

bench trial

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6
Q

a written statement submitted in a trial or appellate proceeding that explains one sides legal and factual arguments

A

brief

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7
Q

the duty to prove disputed facts. in civil cases, a plaintiff generally has the burden of proving his or her case. in criminal cases, the government has the burden of proving the defendants guilt

A

burden of proof

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8
Q

the law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions

A

case law

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9
Q

a legal claim

A

cause of action

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10
Q

a lawsuit in which one or moe members of a large group, or class of individuals or other entities sue on behalf of the entire class. the district court must find that the claims of the class members contain questions of law or fact in common before the lawsuit can proceed as a

A

class action

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11
Q

the legal system that originated in england and is now in use in the united states, which relies on the articulation of legal principles in a historical succession of judicial decisions.

A

common law

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12
Q

how can common law principles be changed by

A

legislation

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13
Q

an agreement between two or more people that creates an obligation to do or not to do a particular thing

A

contract

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14
Q

money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

A

damages

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15
Q

damages may be compensatory

A

loss or injury

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16
Q

damages may be punitive

A

to punish and deter future misconduct

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17
Q

a judges statement about someone’s rights

A

declaratory judgement

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18
Q

give an example of declaratory judgement

A

a plaintiff may seek a declaratory judgement that a particular statue, as written, violates some constitutional right

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19
Q

in a civil base, the person or organization against whom the plaintiff brings suit; in a criminal case, the person accused of the crime

A

defendant

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20
Q

procedures used to obtain disclosure of evidence before trial

A

discovery

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21
Q

in criminal law, the constitutional guarantee that a defendant will receive a fair and impartial trial
in civil law, the legal rights of someone who confronts an adverse action threatening liberty or property

A

due process

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22
Q

information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case in favor of one side or the other

A

evidence

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23
Q

doctrine that says evidence obtained in violation of a criminal defendants constitutional or statutory rights is not admissible at trial

A

exclusionary rule

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24
Q

what is the exclusionary rule also referred to as

A

the fruit of poisonous tree

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25
Q

a serious crime, usually punishable by at least one year in prison

A

felony

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26
Q

a body of 16-23 citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probably cause to believe an individual committed an offense.

A

grand injury

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27
Q

a court order preventing one or more named parties from taking some action

A

injunction

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28
Q

type of injection issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified

A

preliminary injunction

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29
Q

the official decision of a court finally resolving the dispute between the parties to the lawsuit

A

judgement

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30
Q

the group of persons selected to hear the evidence in a trial and render a verdict on matters of fact

A

jury

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31
Q

a judges directions to the jury before it begins deliberations regarding the factual questions it must answer and ht legal rules that it must apply

A

jury instructions

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32
Q

a legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty which resulted in harm to the plaintiff

A

lawsuit

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33
Q

a case, controversy, or lawsuit. participants (plaintiffs and defendants) in lawsuits are called

A

litigation

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34
Q

an offense punishable by one year of imprisonment or less

A

misdemeanor

35
Q

an invalid trial, caused by fundamental error

A

mistrial

36
Q

the trial must start again with the selection of a new jury

A

when a mistrial is declared

37
Q

a request by litigant to a judge for a decision on an issue relating to the case

A

motion

38
Q

this has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose

A

nolo contendere (no contest)

39
Q

a judges written explanation of the decision of the court

A

opinion (read slide)

slide 30

40
Q

a person or business that files a formal complaint with he court

A

plaintiff

41
Q

in a criminal case, the defendants statement pleading “guilty” or “not guilty” in answer to the charges

A

plea

42
Q

written statements filed with the court that describe a party’s legal or factual assertions about the case

A

pleadings

43
Q

a cour decision in an earlier case with facts and legal issues similar to a dispute currently before a court

A

precedent ( read slide 32)

44
Q

to charge someone with a crime

A

prosecute

45
Q

a prosecutor tries a criminal case on behalf of the

A

government

46
Q

send back.

A

remand

47
Q

when do remands often occur

A

when a superior court sends a case back to the inferior court for a retrial

48
Q

the act of a court setting aside the decision of a lower court

A

reverse

49
Q

what is a reversal often accompanied by

A

by a remand to the lower court for further proceedings

50
Q

a penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations

A

sanction

51
Q

the punishment ordered by a court for a defendant convicted of a crime

A

sentence

52
Q

parties to a lawsuit resolve their dispute without having a trial

A

settlement

53
Q

what do settlements often involve

A

the payment of compensation by one party in at least partial satisfaction of the other party’s claims, but usually do not include the admission of fault

54
Q

degrees of proof required

A

standard of proof (or burden of proof)

55
Q

in criminal cases, prosecutors must prove a defendant’s guilt

A

“beyond a reasonable doubt”

56
Q

the majority of civil lawsuits require proof

A

“by a preponderance of the evidence”

50 % plus, but in some the standard is higher and requires “clear and convincing” proof

57
Q

a law passed by a legislature

A

statute

58
Q

the time within which a lawsuit must be filed or a criminal prosecution begun.

A

statute limitations

59
Q

a civil, not criminal, wrong.

a negligent or intentional injury against a person or property, with the exception of breach of contract

A

tort

60
Q

the geographic area in which a court has jurisdiction

A

venue

61
Q

what is a change of venue

A

transfer of a case from one judicial district to another

62
Q

the decision of a trial jury or a judge that determines the guilt or innocence of a criminal defendant, or that determines the final outcome of a civil case

A

verdict

63
Q

jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge

A

voir dire

64
Q

court authorization, most often for law enforcement officers, to conduct a search or make an arrest

A

warrant

65
Q

a person called upon by either side in a lawsuit to give testimony before the court or jury

A

witness

66
Q

an order issued by the US supreme court directing the lower court to transmit records for a case which it will hear an appeal

A

writ of certiorari

67
Q

case titles are usually “state of X v Defendant”

A

criminal action

68
Q

this kind of action is brought against you when you break the law and commit “an offense against the state”

A

criminal action

69
Q

remedies can include fines, jail time, community service, loss of privileges, deportation

A

criminal action

70
Q

the parties in these cases are called The State and The Defendant

A

criminal action

71
Q

you have a constitutional right to demand a trial by jury, but it isn’t absolutely necessary
its your choice and not always the best one

A

criminal action

72
Q

in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with he witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense

A

amendment 6 of the US constitution

73
Q

cases titles are usually “plaintiff v defendant”

A

civil action

74
Q

this kind of action is brought against you or can be brought by you when a legal right has been violated by a private entity or person

A

civil action

75
Q

remedies can include money damages, injunctions, declaratory judgements, awards of property, modification of agreements, remanding to rehearing

A

civil action

76
Q

the parties in these cases are plaintiff and defendant in original jurisdiction or petitioner and respondent in appellate jurisdiction

A

civil action

77
Q

you have the right to initiate these cases, but the court can refuse to hear them

A

civil action

78
Q

if someone is suing someone else

A

it is a civil case

79
Q

if the state is prosecuting someone for a crime

A

it is a criminal case

80
Q

a private citizen or entity CANNOT VIOLATE YOUR CONSTITUTIONAL RIGHTS unless

A

they are found to be acting in the place of the state by a finder of fact

81
Q

ONLY THE GOVERNMENT CAN VIOLATE YOUR CONSTITUTIONAL RIGHTS unless

A

the above(very unlikely) exception is found

82
Q

you may file an appeal of your case in a higher court, but you may not have a RIGHT to do this, depending on the case

A

appeals

83
Q

you may also negotiate a settlement outside of court, which often yields themes favorable outcomes

A

appeals

84
Q

some courts, notably the SCOTUS, must grant your case certiorari, or “cert”, before your case can be heard before them

A

appeals

Jurisprudence (1 decks)

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