Law Studies Final Study Topics

Jurisprudence

Jurisprudence

the study of law and legal philosophy

Law

the rules and regulations made and enforced by the government that regulates the conduct of people within a society

Values

not everything that is moral is legal, and not everything legal is moral

Criminal law

regulate public conduct and set out duties owed to society

The penalty for a felony is a term of more than one year in prison.

For a misdemeanor, the penalty is a prison term of one year or less

Civil law

regulate relations between individuals or groups of individuals (everyday situations)

Plaintiff

(civil case) the person or company that the civil case is brought by, harmed against the defendant

Prosecutor

(criminal case) the one trying to prove beyond a reasonable doubt that the defendant is guilty in a criminal case

Defendant

(both civil and criminal) accused of committing the crime

Beyond a reasonable doubt

(criminal) means that if the jury (or the judge in a case tried without a jury) has any reasonable doubts about the defendant's guilt, then it must vote not to convict.

Preponderance of the evidence

(civil) The jury (or judge) needs only to decide if it is more likely than not that the plaintiff's complaint is valid. This is a lower requirement for proof than the beyond-a-reasonable-doubt standard used in criminal cases.

Executive branch

responsible for enforcing the law which includes the president and federal agencies. (ex: police)

Legislative branch

uses lawmaking power when it makes laws (statutes) (ex: Congress)

Judiciary branch

clarifies and sometimes establishes laws through its rulings (ex: the courts)

Statues

also known as acts, are laws passed by a legislature (ex: Congress)

federal: the passage of laws the lawmaking authority of Congress is exercised through (affects people in every state and deals with issues of national impacts)

state: the state’s law-making power pass laws with statewide impact on education, traffic, state taxes, etc.

Legislator

the primary law making bodies (ex: Congress is a legislative branch)

Legislative intent

a judge who interprets what the legislature means

Supremacy clause

federal clause beats state clause anytime

Adversarial system

it is a contest between opposing sides, adversaries ( the U.S court system)

Trial courts

normal court system

Appellate courts

a higher court that reviews and changes the result of the trial

when an appeals court decides a case, it issues a written opinion that sets a precedent for similar cases in the future.

Supreme courts

makes the final decision, it can only be changed by a constitutional amendment or the court can overrule itself

state law → state supreme court + federal law →federal supreme court

Negotiation

the process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all

steps: preparation, negotiation, and post-negotiation

Arbitration

both parties in a dispute agree to have one or more persons listen to their arguments and make a decision for them

Arbitrators, like judges, have the authority to make the final decision, and the parties must follow it. Any party CANNOT go to court to change the decision of the arbitrator

Mediation

a third person helps the disputing parties talk about their problem and settle their differences

unlike arbitrators, mediators cannot impose a decision on the parties

Inquisitorial system

the judge is active in questioning witnesses and controlling the court process, including the gathering and presenting of evidence

Voir dire

the process where opposing lawyers question each prospective juror to discover any prejudices or preconceived opinions concerning the case

Removal for cause

the removal of any juror who appears incapable of rendering a fair and impartial verdict.

Peremptory challenges

the attorneys can have prospective jurors removed without stating a cause (limited and cannot be based off race, sex, gender, ethnicity, etc.)

Petitions for certiorari

a request of a lower court to send up its records—are granted by the Supreme Court

Tort

Civil wrong in which someone is hurt by another intentionally or because of the others’ irresponsible act (personal injury)

Intentional tort

The defendant intended the consequences of their action

Defendant knew/should have known the consequences of their action would occur

Ex: assault, battery, false imprisonment, trespass,

Defenses to Intentional torts

consent, self-defense, and necessity

Assault

intentionally causing someone to fear harmful contact

(ex: “if you don’t shut up then I will shoot you” or “I will kill you if you don’t put the money in the bag” with a firearm)

Battery

intentional harmful or offensive contact

False imprisonment

restraining someone against their will and without legal justification

Self-defense

The defendant may use reasonable, proportional force to defend themselves

Duty to Retreat (Self-defense)

a person who is under an imminent threat of personal harm must make a reasonable effort to avoid confrontation, either by de-escalation or an attempt to leave the area in which the threat is occurring

The Castle Doctrine (Self-defense)

this gave individuals the right to use deadly force to protect themselves against an intruder in their own home. The Castle Doctrine considers a person's home to be their “castle.”

Stand your Ground (Self-defense)

a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be, has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so

Negligence

Failure to exercise the care a REASONABLE PERSON would exercise in a similar situation

How to prove negligence

Duty: The legal RESPONSIBILITY you owe to someone; a responsibility for which someone else has a right

Breach of Duty: VIOLATION of a legal RESPONSIBILITY or the FAILURE to act as the law says you should

Causation: If the defendant did not act NEGLIGENTLY, the plaintiff would not have been harmed, the negligent act is RELATED enough to the injury that it can be called the CAUSE of the injury (chain of events)

Damages: The law restores the plaintiff to pre-injury condition using money

• Direct Loss: loss of bodily functions (losing a leg)

• Economic Loss: costs resulting from injury (medical bills, future wage, lost wages property damage)

• Pain and Suffering: physical and emotional suffering (now and in the future)

Defense to Negligence

Awarded damages lessened by the % the plaintiff's own negligence added to their injury (Comparative Negligence)

Ex: Scratchy sues Itchy for $100,000 for running him over as he crossed the street. A jury determined Scratchy was 30% responsible for his own injuries because he was wearing all black and listening to music. Scratchy will recover $70,000 from Itchy

Strict Liability

when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action

Actus Reus

the physical act of committing a crime

Mens Rea

the offender's mental state at the time of the crime

Homocide

the killing of one human being by another

becomes criminal when accompanied by malice, negligence, or recklessness

Murder

the killing of one human being by another accompanied by malice, negligence, and recklessness

• Felony murder: killing that takes place during the commission of another specified crime

• Negligent Homicide: causes harm, negligence: failure to exercise a reasonable or ordinary amount of care, and gross (extreme) negligence

Ex: vehicular homicide

• Non-criminal Homicide: Justifiable or excusable, self-defense, or war

• Suicide: Attempted suicide is a possible charge, although rarely charged, assisted suicide is chargeable and punishable, and mental health solutions are available

First-degree murder

premeditated (intent), deliberate (intent), and done with malice

Second-degree murder

malice, no premeditation or deliberation, intent came at the moment of the murder, crime of passion

Voluntary Manslaughter

the victim does something to provoke, there is a loss of self-control, there is no cooling down period, and words aren’t enough. (Intention to hurt someone, but to not murder them, they just happen to die )

Involuntary Manslaughter

unintentional killing, conduct is so reckless as to cause death

• Ex: Knowingly playing with a loaded gun

Larceny

theft, the unlawful taking and carrying away of the property of another person

Robbery

unlawful taking of property from a person’s immediate possession

Burglary

entering a building with the intent to commit grand or petty theft

burglary from vehicles: vehicle must be locked and windows up

Defenses to crimes

No Crime Has Been Committed

• The defendant may present evidence to show that no criminal act was committed or no criminal intent was involved.

Defendant Didn’t Commit the Crime

• The defendant might present evidence of a mistake in identity or offer an alibi

Defendant Committed the Act, but it was Justifiable

• self-defense, defense of property, and defense of others.

Defendant Committed the Act but Is Not Criminally Responsible

• Although it is acknowledged that he or she committed the criminal act, he or she may not be considered criminally responsible.

• infancy, voluntary intoxication, insanity, entrapment, duress, and necessity

Entrapment

applies when the defendant admits to committing a criminal act but claims that he or she was induced, or persuaded, by a law enforcement officer to commit the crime

Intoxication

they claim that at the time of a crime, they were so drunk on alcohol or high on drugs that they did not know what they were doing. As a general rule, voluntary intoxication is not a valid defense for a crime.

Alibi

a claim or piece of evidence that one was elsewhere when an act, especially a criminal one, is alleged to have taken place.

Probable cause

reasonable grounds to gain a warrant to search someone’s property or arrest someone

Reasonable suspicion

a police officer may have reasonable suspicion that a crime is being committed if based on all of the facts and circumstances of the situation

Civil liberties

rights of fair and equal status, treatment, and right to participate in government—though these rights were not originally guaranteed for all

Defamation

the action of damaging the good reputation of someone with false claims

• slander: spoken defamatory statements

• libel: defamation in print

Natural Rights

rights granted to all people by nature that cannot be denied or restricted by any government or individual.

Burden of Proof

the plaintiff in civil cases, has the duty to provide evidence to prove their version of events

Case Law/Precedent

governs the outcome of similar cases later down the line.