bus law test `1

Foundation of laws in the constitution

establishes government power, limits power, and protects people’s rights.

• Popular Sovereignty

• Rule of law

• separation of powers

• checks and balances

• federalism

Stare decisis

Stand by things decided

• Courts follow earlier precedents when deciding similar cases

• Court faces a case involving legal issue that has been already decided, court may follow earlier court precedent

Legislative

Makes laws

Congress(rep and senate)

creates and passes laws, makes budgets, can declare war

Executive

Enforces laws

President and special agencies

carry out and enforce laws

Judicial

Interprets laws

Supreme Court and other federal courts

interprets laws and decides whether laws and actions are consitituitional

federal courts

limited jurisdiction

federal crimes, bankruptcy, same cases involving citizens from different states

state courts

general jurisdiction

most state crimes, family law (divorce), probates, contracts, personal injury (vehicle accidents)

Voir Dire

Questioning potential jurors before trial to decide whether they can be fair and impartial

The federal court system derives power from?

Article 3, Section 2

Government is always the party in a criminal case?

True

Criminal Case, Burden of Proof

Prosecution, beyond a reasonable doubt

Civil Case, Burden of Proof

Plaintiff, preponderance of the evidence

Bribery

Giving, Offering, or receiving something of value to influence someone to act improperly.

Ex: paying government official to approve permit

Extortion

Obtaining money, property, through threats or coercion (blackmail)

Ex: Threatening to reveal private info unless they pay you.

Fraud

Deception or intentional misrepresentation to obtain money or property

Ex: Lying on insurance claim to get money

Embezzlement

Taking or misusing money or property that was legally trusted to you

Ex: An employee takes money from employer

If the employee states money that is:

Fraud/Theft

Elements of Crime

Actus Reus: Guilty Act

Mens Rea: Guilty Mind

MUST BE PRESENT AT SAME TIME

Actus Reus

Guilty Act

Mens Rea

Guilty Mind

If jury decides no indictment:

No Bill, accused did not get charged. ( does not mean not guilty)

Grand Jury

Decided whether there is enough evidence to formally charge someone for a serious crime.

6 Functional areas of business

• Management

• Marketing

• Finance

• Accounting

• HR

• Operations (Research and Dev)

Private Law

Between person and person

• Protects rights and interests

Ex: contracts, property, family law

Ex: Someone sues another person for breach of contract

Public law

Between individuals and government, or government and government

• Protects public interests and regulates government power

Ex: constitutional law, criminal law, administrative law, tax law

Criminal law

Deals with crimes

• Government prosecutes defendant

• Jail, Probation, Fines

• Burden of proof: Beyond reasonable doubt

Ex: Robbery, Murder, Assault

Civil law

Deals with disputes/injury

• Private party usually sues another party

• May have to pay money damages

• Burden of proof: Preponderance of evidence

Ex: breach of contract, property, divorces

Diversity of Citizenship

Federal subject-matter jurisdiction

• case is between citizens of two different states

• over $75,000

State Courts

• divorce

• landlord and tenant

• family matters

• fines/tickets

• property disputes

• employment disputes

• breach of contract

Federal Courts

• admiralty cases

• bankruptcy

• federal criminal

• 1 states sues another

• against U.S

• diplomats

• copyright

• patent infringement

Statute Law

Created by legislature

• law makers

• written in statutes and codes

• courts: interpret and apply

Common Law

Developed by judges through court decisions

• derived from stare decisis

• Judicial opinions and precedents

• courts: develop rules by deciding case

Right of Removal

defendant moves case from state court to federal court

Concurrent Jurisdiction

both state and federal courts can hear case

• diversity of citizenship

• plaintiff can choose, defendant can move to federal court under right of removal

Which court is court of original jurisdiction at the federal level?

U.S District Courts

Federal level court structure:

U.S District Courts → U.S Court of Appeals → U.S Supreme Court

State level court structure:

State Courts → Court of Appeals → State Supreme Courts

If prosecuted at state level?

No double jeopardy: cannot try for the same offense

• Not retrying for guiltiness

• Only refile if errors occurred

Tri-Partite

Federal and State Court System

“I Did It”

Affirmative Defense

• “I did the act, but I have a legally valid reason that means I should not be held guilty'“

• Intoxication, insanity, duress, justifiable use of force

If corporation is sued:

can be sued in state of the corporation, or where they do business

Forms of Discovery

Deposition: A person answers questions orally, under oath, with attorneys present

Interrogatories: Written questions that the opposing party must answer in writing and under oath.

Request for Document Production: One party asks the other to provide documents, electronically stored information, photos, records.

Why use alternative dispute resolution

It’s:

• faster

• cheaper

Mediation

Arbitration

Mediation

A neutral mediator helps the parties reach an agreement, but does not decide the case

Arbitration

A neutral arbitrator hears both sides and makes a decision, which may be binding

4 Grounds on which an arbitral award can be set aside:

1. Corruption, fraud, or undue means

2. Evident partiality or corruption

3. Misconduct by arbitrators, refuse to postpone a hearing for sufficient cause

4. Exceeding arbitrators’ powers

Award

issued by an arbitrator

The taking clause:

From the 5th amendment

Privilege and Immunity Clause

Article 4, section 2.

• state generally may not discriminate against citizens of other states with respect to fundamental rights and activities simply because they are non-residents

The 1st amendment protects commercial speech:

Yes

• no, obscenity

• no, defamation

When can government search without warrant?

• Consent

• Plain view

Probable Cause:

gov only issues warrants with probable cause:

likelihood that incriminating evidence will be found when search is conducted

Misdemeanor

Criminal offense that is more serious than a petty offense, but less serious than a felony

• punishable by up to one year in jail

Petty Offense:

A minor criminal offense

• punishable by a fine or a short period of imprisonment

Felony:

A serious criminal offense

• more than 1 year of imprisonment, death or life imprisonment

Bill of Rights

First 10 Amendments

Computer Crimes:

illegal activities committed using a computer

• hacking

• identity theft

• phishing

• cyberstalking

Inside Trading:

buying or selling of securities based on material, non public information about a company

• material information: info that could influence an investor’s decision to buy or sell.

• Nonpublic information: info that has not been made available to the general public

Purpose of Miranda Rights

to protect a person’s 5th amendment right against self-incrimination.

First Amendment:

Freedom R-S-P-A-P

• Religion

• Speech

• Press

• Assembly

• Petition

ensures citizens have right to ask gov to redress greviences

Second Amendment:

Right to keep and bear arms

Third Amendment

Government cannot force people to house soldiers in their homes, during peacetime and war.

Fourth Amendment

Protects citizens from unreasonable search and seizure

-Seizure: person not being able to move

-Warrants only with probable cause

-Immigration status cannot take this right away

Fifth Amendment:

Government cannot put citizens on trial except upon indictment by grand jury

• Plead the fifth ( self-incrimination)

• No Bill: no evidence to file case against you

• Indictment: formal written accusation charging a person with a crime

• Right to due process

• Double jeopardy

Sixth Amendment

Right to a speedy trial with an impartial jury in criminal cases.

• right to know what criminal accusations are faced

• confrontation of witnesses

Seventh Amendment:

Right to a jury trial in certain federal civil cases

• over $20

Eighth Amendment

Right to not set excessive bail

• prevents cruel and unusual punishments

Ninth Amendment

People have rights beyond those specifically listed in the Constitution

Tenth Amendment

Powers not given to federal government are generally reserved for the states or people.

Fourteenth Amendment

Protects citizenship, due process, and equal protection.

• extension of right to due process all state matters

• extension of most constitution rights to the defendant at state level

Constitutional Safeguards

• 4th amendment: Exclusionary rule, if breaks 4th cannot rule in court

  • unreasonable search and seizure

  • warrants

• 5th amendment: right to due process and right to not incriminate oneself

  • due process

  • double jeopardy

  • do not retry facts only errors

• 6th amendment: right to speedy and public trial

  • confront witnesses

  • attorney

  • know about accusations

  • impartial jury

• 8th amendment: prohibits excessive bail, and unusual punishment

  • excessive fine

  • excessive bail

  • cruel and unusual punishment

• 14th amendment: give federal rights from constitution to states as well

  • due process in all state matters

  • constitutional rights to defendant at state level