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Personal Law > Unit 1 > Flashcards

Unit 1 Flashcards

0
Q

Statutes

A

Passage of laws (written)

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1
Q

Jurisprudence

A

Study of law and legal philosophy

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2
Q

Supremacy Clause

A

Constitution is supreme law of the land (ladder)

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3
Q

Bills

A

Introduced legislation, enact new laws or repeal old ones, passed by legislature and not vetoed=law

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4
Q

Legislative intent

A

What the legislature meant when they made the law

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5
Q

Public hearings

A

Hearings held by agencies so individuals or businesses can have an opportunity to express their views on the proposals

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6
Q

Trials

A

Much of what is conducted in a courtroom

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7
Q

Precedent

A

Example of similar cases

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8
Q

Criminal laws

A

Regulate public conduct and set out duties owed to society

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9
Q

Felonies

A

Penalty is more than 1 year in prison, more serious crimes such as murder or robbery

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10
Q

Misdemeanors

A

Penalty is 1 year or less, less serious such as assault or minor theft

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11
Q

Civil laws

A

Regulate relations between individuals or groups of individuals

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12
Q

Defendant

A

Person accused of committing a crime, or of wrongdoing

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13
Q

Plaintiff

A

Person or company harmed in a civil case

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14
Q

Prosecutor

A

Attorney in a criminal case bringing the charge

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15
Q

Beyond reasonable doubt

A

Defendant cannot be convicted if they have any reasonable doubts that person is guilty

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16
Q

Preponderance of the evidence

A

Lower requirement for proof than beyond a reasonable doubt, used in civil cases

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17
Q

Limited government

A

Authority to pass laws only in areas specifically listed

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18
Q

Statutes

A

Another word for laws

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19
Q

Checks and balances

A

Prevents one branch from becoming too powerful and abusing its power

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20
Q

Veto

A

Refusal to approve

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21
Q

Judicial review

A

Enables the courts to interpret the law and say if it is unconstitutional

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22
Q

Unconstitutional

A

Violates the constitution

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23
Q

Conflicts of interest

A

Attorney general who is in the high ranking government, shouldn’t be allowed to investigate those in the high rankings of government

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24
Q

Federalism

A

Division of power between federal and state government

25
Q

Bill of rights

A

First ten amendments of the constitution, includes freedom of religion, speech, press, unreasonable search and seizure

26
Q

Advocacy

A

Art of persuading others, based on the careful gathering of facts, the development of excellent communication skills, and the creation of an effective plan and timeline

27
Q

Lobbying

A

A way to influence the lawmaking process by convincing lawmakers to vote as you want them to

28
Q

Initiative

A

A procedure that enables a specified number of voters to propose a law by petition, then submitted to electorate or legislature

29
Q

Referendum

A

When a legislative act is referred to voters for final approval or rejection

30
Q

Recall

A

Allow voters to remove elected officials from office

31
Q

Negotiation

A

The process by which people involved in dispute talk to each other about their problem and try to reach a solution acceptable to all

32
Q

Settlement

A

Agreement. Large number of civil cases solved this way, attorney works out the agreement and both sides approve it

33
Q

Arbitration

A

Both parties who dispute, agree to have another person listen to their arguments and make a decision for them

34
Q

Meditation

A

Method of alternative dispute resolution, takes place when a third person helps the disputing parties talk about their problem and settle their differences

35
Q

Ombudspersons

A

Person who investigates complaints and then helps the parties reach some agreement

36
Q

Trial courts

A

Listen to testimony, consider evidence, and decide the facts in disputed situations

37
Q

Parties

A

Sides in each case

38
Q

Adversary system

A

Goal is victory, not truth or justice

39
Q

Inquisitional system

A

Investigation. Judge is active in questioning, witnesses and controlling the court process, gathering and presenting of evidence, takes lead role in trying to uncover the truth

40
Q

Allegations

A

Unproven statements

41
Q

Motion

A

Oral request

42
Q

Hung jury

A

Unanimous decision can’t be reached then they may have to try the case again

43
Q

Appeals court

A

1 party presents the arguments asking the court to change the decision of the trial court, other party presents arguments supporting the decision of the trial court

44
Q

Error of law

A

Occurs when the judge makes a mistake as to the law applicable in the case (gives wrong instruction to the jury or permits evidence that shouldn’t be)

45
Q

Dissenting opinion

A

When the judges disagree an opposite opinion from the majority can be written to express their opinion. Can be basis for future majority opinions

46
Q

Concurring opinions

A

Opinion written to agree with the majority opinion for different reasons

47
Q

Voir dire

A

Opposing lawyers questions each prospective juror to discover any prejudices or preconceived opinions concerning the case

48
Q

Removal for cause

A

Attorneys may request the removal of any juror who appears incapable of rendering a fair and impartial verdict

49
Q

Peremptory challenges

A

Attorneys can have prospective jurors removed without stating a cause

50
Q

Petitions for certiorari

A

Request of a lower court to send up its record

51
Q

Litigators

A

Trial attorneys, lawyers that go to court

52
Q

Bar association

A

Organizations that license lawyers, help you decide if you need a lawyer to help you

53
Q

Retainer

A

A down payment on the total fee

54
Q

Contingency fee

A

Basis instead of an hourly fee, a lump sum, usually percentage of what the client wins in the case, if the case is lost the client pays nothing except expenses

55
Q

Privilege

A

Everything told to the attorney by their client is secret and confidential, cannot be disclosed without the client’s permission

56
Q

Disbarred

A

no longer licensed to practice law

57
Q

Legal malpractice

A

Serious errors that result in injury or loss

58
Q

Mitigating

A

Circumstances that lessen the consequences

59
Q

Aggravating

A

Circumstances that increase the consequences

60
Q

Recall

A

Allow voters to remove elected officials from office

Personal Law (4 decks)

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