Con Law Midterm Review

Who are the parties in a criminal case?

Prosecution v. defendant

Who are the parties in a civil case?

Plaintiff v. defendant

What are some penalties in a criminal case?

fine, jail or prison, or both (sometimes death)

What are some penalties in a civil case?

financial compensation, restraining orders & injunctions, contempt proceedings, specific performance.

What is the standard of proof in a criminal case?

Beyond a reasonable doubt (99% + certain of guilt)

What is the standard of proof in a civil case?

(50.1% + more likely than not,) Clear and convincing evidence.

Where does the burden of proof lie in a criminal case?

Rests on the prosecution, this is also why prosecution always gives its opening statements first. (“innocent until proven guilty”)

Where does the burden of proof lie in a civil case?

Rests of plaintiff.

What are examples of a criminal case?

Theft, assault, DUI, murder.

What are examples of a civil case?

personal injury, breach of contract.

What rights do defendants have in a criminal case?

Right to an attorney, speedy trial by jury, remain silent, against unreasonable searches and seizures, double jeopardy, cruel and unusual punishment.

What rights do defendants have in a civil case?

Right to be whole (compensation for loss sustained economic or noneconomic losses + compensation for harm caused.) Right to personal liberties.

Which Supreme Court justice worked in the 3rd Circuit?

Samuel Alito

What is the role of the judicial branch?

To interpret and define law.

Who holds judge evaluations?

The Senate Judiciary Committee.

Where do the Courts’ jurisdiction come from?

Article III of the Constitution.

What are the three level of the U.S. Federal Court System?

Supreme Court, Court of Appeals, District Courts.

What does certiorari mean?

What does star decisis mean?

What does de facto discrimination mean?

discriminatory practices that occur in a manner that is not subject to the law, mainly held up socially.

What does de jure discrimination mean?

the legal separation of groups of people based on law.

What is the Supreme Court

The highest court in the federal system. Composed of nine justices. The “Court of Last Resort,” what it says, it goes.

What are the Courts of Appeals?

Intermediate level in the federal system. These courts review decisions of the lower courts/appellate jurisdiction. These courts decide not guilt or innocence but only if the trial was fair.

What are district courts?

Lowest level in the federal system. Every state has them, there are where trials and lawsuits begin, hearing all criminal and civil cases, and the only courts that involve witnesses and juries.

How many Court of Appeals are there?

12 regional circuits + D.C Circuit, 13 in total.

How many district courts are there?

94 judicial districts in 50 states & territories.

what is jurisdiction?

the authority of a court to hear (try and decide) a case.

What is Exclusive jurisdiction?

only federal court has authority to hear, state court cannot.

What is Concurrent jurisdiction?

allows certain types of cases to be tried in federal and state courts.

What is Original jurisdiction?

authority to hear the case for the first time, trials are conducted, evidence is presented, and juries/judge decides the outcome.

What is Appellate jurisdiction?

courts that hear reviews or appeals of decisions from the lower courts.

Who has original jurisdiction?

District courts, Supreme Court

Who has appellate jurisdiction?

Court of Appeals, Supreme Court.

When does the Supreme Court have original jurisdiction?

Cases involving the nation, ambassadors, states

what is mootness?

an issue or case being moot means that it has lost its practical significance because the underlying controversy has been resolved, one way or another.

what is ripeness?

It limits a federal court's jurisdiction from adjudicating a claim that is not yet justiciable. A case reliant on future events makes a court lack jurisdiction to hear it.

what is standing?

A plaintiff must prove they suffered an "injury in fact" or will suffer an imminent injury that is "fairly traceable" to the defendant's conduct.

what is the equal protections clause?

“No state shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws.”

What is strict scrutiny?

It is a standard that courts use to determine the constitutionality of certain laws. A law must have a “compelling governmental interest” and must have “narrowly tailored” the law to achieve that interest.

What is a “compelling governmental interest?”

a critical national security or emergency needs, remediation of prior de jure race-based discrimination, and diversity in higher education.

what does “narrowly tailored” mean?

A law be written to specifically fulfill only its intended goals.