Introduction to Courts and Justice

A collection of flashcards to aid in understanding core concepts from the lecture on the Introduction to Courts and Justice.

What are the two components of a law?

1. A Rule 2. Enforced by some authority with consequences

What distinguishes social norms from laws?

Social norms are shared standards of acceptable behavior, while laws are enforced with legal consequences.

What is Natural Law?

Natural Law is the idea that law is grounded in moral principles and has a basis in nature.

Who was William Blackstone and what did he argue regarding Natural Law?

William Blackstone was a legal scholar who argued there is no legal authority to obey laws contrary to immutable natural law.

What is Rational Law?

Rational Law consists of applying general norms to specific cases.

What does the term 'Common Law' refer to?

Common law systems are based on judges' rulings and established legal precedents.

What is the doctrine of stare decisis?

The doctrine of stare decisis means 'let the decision stand' and maintains that past judicial decisions should influence future cases.

How does common law settle controversies?

Through the doctrine of res judicata, parties may not relitigate issues that have already been decided.

Define Equity in legal terms.

Equity concerns fairness and provides rights, remedies, and procedures to amend Common Law.

What is the difference between adversarial and inquisitorial legal systems?

Adversarial systems involve opposing sides in a trial, while inquisitorial systems see the judge as a proactive investigator.

What characterizes trial court differences in Adversary and Inquisitorial systems?

Adversarial systems have a passive judge and emphasize the role of attorneys, while inquisitorial systems have an active judge who directs investigations.

What was the significance of Blackstone’s Commentaries on the Laws of England?

It organized English Common Law into four areas: personal rights, property rights, private wrongs, and public wrongs.

What pioneering method did Christopher Langdell introduce at Harvard?

The Case Method, which uses appellate court decisions as educational material.

What was the result of the shift from apprenticeships to formal legal education?

Legal education became standardized and more rigorous, with the establishment of the American Bar Association’s accreditation.

What is the LSAT?

The Law School Admission Test, designed to assess skills necessary for success in law school.

What is required for bar admission in the U.S.?

Passing the Multiple Bar Examination and various state-specific examinations.

What does the Cravath System refer to?

A model of law firm practice based on a partnership structure of senior lawyers and junior associate attorneys.

How does public interest law function?

It provides legal representation to underrepresented groups and pursues policy-oriented cases.

What are the two types of judges mentioned?

Trial judges and appellate judges.

What role do prosecutors play in the criminal justice system?

Prosecutors enforce laws and seek justice, not just convictions.

How are federal prosecutors appointed?

They are appointed by the President and confirmed by the Senate.

Define 'Judicial Restraint'.

A doctrine where courts avoid making policy and defer to legislative authority.

What is 'Judicial Activism'?

The practice of courts actively shaping policy and potentially striking down laws.

What does 'standing' mean in a legal context?

The requirement that a party must have a personal stake in the outcome of a case.

What is the significance of juries in civil cases?

A jury determines facts based on a preponderance of the evidence, and their right is protected by the Seventh Amendment.

What does 'mootness' refer to?

When a case is deemed moot, it means the outcome will not affect the litigants, leading to dismissal of the case.

What are the two types of civil complaints?

Ex delicto (torts) and Ex contractu (contract disputes).

Define 'discovery' in legal proceedings.

The pre-trial phase where evidence is gathered from both parties.

What is a Directed Verdict?

A ruling made by a judge during a trial, declaring that the evidence is insufficient for a reasonable jury to decide in favor of one party.

What are compensatory damages?

Damages intended to compensate the injured party for their losses.

What is the purpose of punitive damages?

To punish the defendant and deter future violations.

What is a class action lawsuit?

A lawsuit that aggregates claims from multiple litigants into one case, aimed at improving access to the courts.

What role do judges play in the judicial process?

Judges enforce the rules governing cases, determine issues of law, and ensure fair trials.

Name the four methods used to select judges.

1) Appointment by chief executive 2) Election 3) Merit System 4) Selection by Legislature.

What does the Merit System entail in judicial selection?

A nominating commission suggests candidates for judicial vacancies to the governor for selection.

Explain the role of the Solicitor General.

The Solicitor General represents the U.S. government in Supreme Court cases and decides on appeals.

What defines 'prosecutorial discretion'?

The power of prosecutors to decide which cases to pursue and what charges to file.

What are the main types of prosecution?

1. Horizontal prosecution 2. Vertical prosecution 3. Mixed prosecution.

What rights does a defense attorney have?

The right to provide competent counsel and advocate for the defendant's case.

What is the primary justification for civil litigation?

To make injured parties whole, deter harmful actions, and reform wrongful practices.

What does the term 'voir dire' mean?

The process of selecting a jury.

What distinguishes limited jurisdiction courts?

They handle specific legal issues, such as minor civil or less serious criminal cases.

What are the two categories of jurisdiction recognized in civil cases?

In personam (over a person) and In rem (over property/status).

What is the significance of Article IV, Section I of the Constitution?

It ensures that judgments rendered by a state court are enforceable in all states.

What are interrogatories in the discovery process?

Written questions that one party sends to another, requiring a response.

How does the appellate court process differ from district courts?

Appellate courts focus on reviewing legal issues rather than determining facts.

What is the primary responsibility of U.S. district courts?

To serve as trial courts for federal cases.

What does the term 'amicus curiae' mean?

A friend of the court; an individual or organization that is not a party to a case but offers information to assist the court.

What are the three primary goals of civil litigation?

1) Compensation for injury 2) Deterrence of future harmful actions 3) Termination of ongoing harms.

What challenge do civil juries face?

Determining cases based on a preponderance of the evidence.

What is a peremptory challenge?

A method used during jury selection to remove a juror without stating a reason.

What constitutes 'standing' in a lawsuit?

Having a personal stake in the case's outcome.

What are compensatory damages designed to do?

Restore the injured party to their pre-injury position.

In what context would a civil case be dismissed as moot?

If the ruling would not change the current situation for the parties involved.

What is the 'Rule of Four'?

It requires that at least four Supreme Court justices must agree to hear a case.

Define 'judicial activism'.

The practice of courts actively interpreting laws and shaping policies.

What does 'judicial restraint' encompass?

The principle where courts limit their own power and defer to legislative decisions.

Differentiate between personal injury and tort law.

Personal injury is a type of tort involving physical or psychological harm done to a person.

What role does the jury play in civil trials?

They assess evidence and make determinations of fact based on the preponderance of evidence.

What is a 'settlement' in civil litigation?

An agreement reached between parties to resolve a dispute before trial.

What is the issue with contingency fee agreements?

They depend on the outcome; if the case is lost, the attorney does not get paid.

What does the term 'civil rights' entail in legal terms?

The rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals.

What is the main function of a court’s appellate jurisdiction?

To review and revise decisions made by lower courts.

What occurs during a civil trial closure?

A closing statement is provided by both sides summarizing their arguments.

What protects citizens from ex-post facto laws?

The prohibition against retroactively applying laws to events that occurred before the law was enacted.

Define 'ex contractu'.

A legal claim based on the breach of a contract.

What is 'jurisdiction' in legal context?

The authority of a court to hear and decide on a case.

What distinguishes a tort from a contract claim?

A tort is a civil wrong not arising from a contractual obligation.

What is the goal of discovery in legal cases?

To allow parties to obtain evidence and prepare for trial.

What distinguishes appellate courts from trial courts?

Appellate courts focus on legal issues and outcomes of lower court decisions rather than facts of the cases.

What is trial court's role in the legal process?

To adjudicate facts and apply laws to resolve disputes.

What is the purpose of voir dire?

To select an impartial jury by questioning potential jurors.

What are the different types of civil damages?

Compensatory damages (to compensate for loss) and punitive damages (to punish wrongdoing).

What is the 'Cravath System'?

A model of law firm practice emphasizing a partnership structure and specialization.

What does 'standing' require from a litigant?

A personal stake in the outcome of the case to justify their participation.

Why do many defendants rely on public defenders?

Due to the inability to afford private legal counsel.

What characteristic defines limited jurisdiction courts?

They handle specific, usually less serious legal matters.

What are 'pro bono' legal services?

Legal services provided for free to those unable to pay.

What is the effect of the 'Rule of Four' on Supreme Court case selection?

It ensures that only cases with sufficient interest among justices are heard.

What is the implication of judicial immunity?

Judges cannot be sued for their actions or decisions made in their official capacity.

What does the 6th Amendment guarantee?

The right to counsel in criminal prosecutions.

What constitutes a trial?

A formal examination of evidence in court to resolve a legal dispute.

Define 'challenges for cause' in jury selection.

Requests to dismiss a juror due to potential bias or inability to serve impartially.

How does one attain jury duty?

Individuals are selected randomly from voter registration lists or other sources.

What is the role of the American Bar Association?

To set standards for legal education and bar admission in the U.S.

What defines statutory law?

Laws enacted by a legislative body.

What does legal precedent mean in law?

Past judicial decisions that inform future court cases of similar nature.

What is an accelerated trial schedule?

A legal process designed to conduct a trial within a shorter timeframe than traditional methods.

In what context are punitive damages awarded?

To punish a defendant for egregious conduct and deter similar future actions.

What are the common bases for civil lawsuits?

Breach of contract, torts, and statutory violations.

What is meant by 'legal aid'?

Assistance provided to individuals who cannot afford legal representation.

What does 'case law' encompass?

Laws established by the outcome of former court cases.

What is the purpose of the adversary system in legal proceedings?

To ensure fairness by allowing both sides to present their cases impartially.

Define the term 'tort'.

A civil wrong that causes harm or loss to another.

What does 'pro se' representation mean?

When a person represents themselves in a legal proceeding without an attorney.

What is the broad goal of civil justice?

To resolve disputes and provide remedies to those harmed.

How do trial courts differ from appellate courts?

Trial courts determine facts; appellate courts review legal issues based on trial court records.

Define 'jurisprudence'.

The theory or philosophy of law.

What is the significance of the 7th Amendment?

It guarantees the right to a jury trial in civil cases.

What constitutes the legal process of tort reform?

Efforts to change the laws governing torts to limit lawsuits and damages.