Law 101 Study Guide for Final Exam

Trial vs. Appellate

Trial courts determine facts and apply the law to resolve disputes. Appellate courts review lower court decisions for legal errors, not factual disputes.

Types of Judicial Decisions

Majority: Binding decision agreed upon by most judges. Concurring: Agrees with the majority but for different reasoning. Dissenting: Disagrees with the majority decision.

Juries vs. Judges

Juries decide facts in a trial; judges interpret and apply the law. Judges may also act as fact-finders in bench trials.

Criminal vs. Civil

Criminal: State prosecutes for violations of criminal law (burden of proof: beyond a reasonable doubt). Civil: Disputes between private parties (burden of proof: preponderance of the evidence).

How to Start a Civil Case

Filing a complaint and serving it on the defendant. Defendant responds with an answer or motion to dismiss.

Voir Dire

Dismissal for Cause: Removing a juror due to bias or inability to serve impartially. Peremptory Challenge: Removing a juror without stating a reason, limited in number.

Pro Se

A party representing themselves without an attorney.

Criminal Procedure

1. Arrest: Police detain a suspect based on probable cause. 2. DA Decision to Charge: Prosecutor decides whether to file charges. 3. Initial Hearing: Court informs defendant of charges and rights. 4. Grand Jury Review: Determines if there is enough evidence for an indictment. 5. Arraignment: Defendant enters a plea. 6. Trial: Prosecution and defense present evidence. 7. Sentencing: If convicted, punishment is determined.

Plea Bargains

Agreement where the defendant pleads guilty in exchange for a reduced charge or sentence.

Standards of Proof

Probable Cause: Reasonable grounds to believe a crime was committed. Reasonable Suspicion: Lower threshold for stop-and-frisk situations.

Burdens of Proof

Beyond a Reasonable Doubt: Highest standard, used in criminal cases. Preponderance of the Evidence: More likely than not, used in civil cases.

Mediation

Neutral mediator helps parties reach a voluntary settlement.

Arbitration

Binding resolution by an arbitrator, often chosen by the parties.

Negotiation

Informal discussions directly between parties to resolve disputes.

Mens Rea and Actus Reus

Mens Rea: Criminal intent or state of mind. Actus Reus: The physical act of the crime.

Homicide

1st Degree: Intentional, premeditated killing. 2nd Degree: Intentional but without premeditation; reckless disregard for life. Voluntary Manslaughter: Killing in the heat of passion with adequate provocation. Involuntary Manslaughter: Death caused by negligence or recklessness. Felony Murder: Death occurs during the commission of a felony.

Attempt

Intent to commit a crime with a substantial step toward completion.

Negligence

1. Duty: Legal obligation to act with reasonable care. 2. Breach: Failure to meet the standard of care. 3. Causation: The breach caused harm (actual and proximate causation). 4. Harm: Actual damage or injury.

Assault

Intentional act causing reasonable apprehension of imminent harmful or offensive contact.

Battery

Intentional harmful or offensive touching of another without consent.

Offer

Proposal to enter a contract.

Acceptance

Agreement to the terms of the offer.

Consideration

Exchange of value between parties.

Meeting of the Minds

Mutual understanding and agreement.

Separation of Powers

Legislative: Makes laws (e.g., Congress enacts statutes). Executive: Enforces laws (e.g., President issues executive orders). Judicial: Interprets laws (e.g., Supreme Court rulings).

Waiver

Transfer of juvenile cases to adult court based on: Age, mental and physical condition, nature of the crime, capacity for rehabilitation, and public safety.

Discrimination

Sexual, racial, and other forms of discrimination prohibited under Title VII of the Civil Rights Act. Disparate Impact: Practices that adversely affect a protected group. Pretext: False reason given to hide discrimination.

Warrant Exceptions

Plain view, Terry stop, automobile exception, exigent circumstances, consent, search incident to arrest.

Key Cases

Terry v. Ohio: Stop-and-frisk based on reasonable suspicion. US v. Mendenhall: Free to leave standard for determining seizures.

Miranda v. Arizona

Suspects must be informed of rights during custodial interrogation.

Rights

Protection against double jeopardy, due process, and self-incrimination.

6th Amendment

Right to counsel, a public trial, an impartial jury, and confrontation of witnesses.