Law Exam 1

Actus Reus

The act or omission that forms the physical element of a crime.

First Amendment

Protects freedom of religion, speech, press, assembly, and petition.

Fourth Amendment

Protects the right of the people to be secure from unreasonable searches and seizures, and requires warrants to be based on probable cause and particularity.

Fifth Amendment

Protects citizens from unfair and unjust legal proceedings in criminal and civil cases.

Sixth Amendment

Guarantees the rights of the accused in criminal prosecutions, such as the right to a speedy and public trial, a jury, counsel, and confrontation of witnesses.

Eighth Amendment

Protects against excessive bail, fines, and punishments.

Fourteenth Amendment

Grants citizenship to all persons born or naturalized in the U.S., protects their rights and privileges, and limits the powers of the states.

Appeal

Legal proceeding by which a case is brought before a higher court for review of the decision of a lower court.

Affirm Appeal

A higher court agrees with the decision made by a lower court.

Denial Appeal

An appellate court has reviewed a lower court’s decision and found no legal grounds to overturn it.

Dismiss Appeal

A higher court has decided not to hear a case that was previously decided by a lower court.

Remand Appeal

The process where an appellate court sends a case back to a lower court for further proceedings.

Reverse Appeal

The process where a higher court overturns the decision of a lower court.

Appellant

A person who applies to a higher court for a reversal of the decision of a lower court.

Articles of Confederation

The first Constitution of the United States, adopted in 1781. It established a weak federal government, primarily preserving the powers of individual states.

Bill of Rights

The first ten amendments of the United States Constitution.

Burden of Proof

The obligation to prove one’s assertion.

Burden of Proof: Beyond a Reasonable Doubt

Highest standard of proof in the American legal system. Crucial in criminal cases, ensuring that the presumption of innocence is maintained until proven guilty.

Burden of Proof: Preponderance of the Evidence

In civil cases, the party with the burden must demonstrate that their claims are more likely true than not.

Case Brief

A concise summary of a court decision.

Case Reporters

A collection of legal decisions made by courts within a specific jurisdiction.

Censorship

The suppression or regulation of speech, writing, or other forms of expression deemed offensive or undesirable.

Certiorari

A writ issued by a higher court to review the decision of a lower court.

Checks and Balances

The system ensures that the three branches of government maintain separate powers and can limit each other’s actions. Prevents any one branch from becoming too powerful.

Citation

A formal reference to a legal authority.

Citizenship

The legal status of being a recognized member of a state or nation, which grants individuals specific rights and responsibilities.

Common Law

A legal system is primarily developed through judicial decisions rather than through statutes or regulations.

Compelling

The necessity or requirement for action, often enforced by the court.

Complaint

A formal legal document that initiates a lawsuit.

Civil

Refers to matters concerning private rights and obligations.

Civil: Service of Process

The legal procedure by which one party in a lawsuit formally notifies another party of the initiation of legal action against them.

Civil: Long-Arm Statute

Allows a court to exercise personal jurisdiction over out-of-state defendants.

Civil: Summons

A legal document issued by a court to notify an individual or entity that they are being sued.

Civil: Answer

A formal response by a defendant to a plaintiff’s complaint.

Criminal

The body of law that defines crimes and establishes punishments for those offenses.

Congress

Refers to the legislative branch of the United States government, responsible for making federal laws.

Consent

The voluntary agreement of an individual to a proposal or action by another party.

Constitution

A fundamental legal document that outlines the principles and framework of governance for a state or organization.

Constitutional

Refers to the body of rules and principles that govern the interpretation and application of a constitution.

Constitutional Writ

A formal legal order issued by a court that commands a government official or agency to perform a specific action or to refrain from acting in a certain way.

Context

Refers to the surrounding text and circumstances that help clarify the meaning of a legal document or provision.

Contract

A legally binding agreement between parties.

Conviction

Refers to the determination by a court that a defendant is guilty of a crime.

Courts

A formal legal institution where disputes are resolved and justice is administered.

Courts: Trial

A legal proceeding where a case is heard and decided by a judge or jury.

Courts: District

Trial courts that have jurisdiction over specific geographical areas within the U.S. federal judicial system.

Courts: Appeals

Specialized judicial bodies that review decisions made by lower courts.

Courts: Supreme

Refers to the highest court within a legal jurisdiction, which has the ultimate authority to interpret laws and adjudicate legal disputes.

Courts: Specialty

Specialized judicial bodies that are designed to address specific legal issues or populations.

Crime

An act or omission that violates a law and is punishable by the government

Crime: Felony

Classification of the most serious types of crimes. Murder, burglary, or arson.

Crime: Misdemeanor

A less serious criminal offense that is punishable by fines, community service, or imprisonment for less than one year.

Default Judgement

a judgment entered against a defendant who fails to respond to or defend against a lawsuit

Defenses

legal reasons or arguments a defendant uses to avoid liability or defeat a claim

Dismissal

a court decision to end a case or claim either temporarily or permanently

Diversity of Citizenship

federal jurisdiction based on a dispute between citizens of different states when the legal requirements are met

Doctrine

an established legal principal or rule used by courts

Domicile

a personal permanent home, where they intends to remain or return

Double Jeopardy

Protection against being prosecuted or punished twice by the same sovereign for the same offense after jeopardy has already attached

Dual Sovereignty

The principle that separate sovereign governments, such as state and federal governments, have independent authority to prosecute violations of their own laws.

Due Process

the constitutional requirement that the government follow fair procedures and respect protected rights before depriving someone of life liberty and property.

Due Process: Procedural

focuses on how the government acts generally requires

Due Process: Substantive

focus on what the government may do and protect certain fundamental rights from government interference

Equality

the principal that people should receive equal treatment under the law subject to applicable distinctions

Fairness

treating people according to impartial and reasonable standards and applying legally recognized misconduct

Fault

responsibility for wrongdoing, such as through intent, negligence, or other legally recognized misconduct

Federal Districts

Geographic divisions of the federal court system where U.S. district courts hear federal cases

Fighting Words

personally abusive words directed at someone that are likely to provoke an immediate violent reaction, a narrow category of speech outside first amendment protection

Fines

money paid as a punishment for violating the law

Forum State

the state where the court hearing the case is located

Free Speech

the first amendment protection for expression and communication of ideas subject to recognized constitutional limits

Fundamental Rights

basic rights that are considered essential to liberty and individual freedom, often receiving strong constitutional protection

Good Samaritan Laws

laws that protect people from certain civil liability when they voluntarily help someone in an emergency

Governmental Institutions

Organizations that exercise government authority include legislators, courts, and executive agencies.

Headnote

A brief summary of a legal point placed at the beginning of a judicial opinion, usually prepared by the publisher, not the judge

Immunity

legal protection that prevents or limits someone from being sued, prosecuted, or held liable under certain circumstances.

Impartiality

the requirement that a judge or decision maker be neutral and unbiased

In Personam

jurisdiction or a legal action against a specific person or entity

In Rem

jurisdiction or a legal action concerning property or a thing, rather than a particular person's personal liability

Intent

a person's purpose or legal action

IRAC

a method for analyzing legal problems

Issue

the legal question the court must answer

Judgement

The court’s final decision resolving a case or legal dispute

Judicial Review

the power of courts to determine whether laws or government actions are constitutional

Jurisdiction

a court's legal authority to hear a case and make a decision

Personal Jurisdiction

a court's authority over a particular person or defendant

Subject Matter Jurisdiction

a court's authority to hear a particular type or case or legal dispute

Jurisprudence

the study or philosophy of law and legal principles

Justice

fairness in the application and administration of law

Law

a system of rules established and enforced by a government

Lawsuit

a legal action brought in a court to resolve a dispute or enforce a right

Legislation

laws created and passed by a legislator

Litigant

a person or entity involved in a lawsuit

Mandatory

required; something that must be followed or done

Mens Rea

the mental state or intent required for a person to be guilty of a crime

Minimum Contacts

sufficient connections between a defendant and a state to allow personal jurisdiction consistent with due process

Mistrial

a trial that is terminated before a verdict because of a serious error or problem, potentially requiring a new trial

Natural Law

The theory that certain principles of right and wrong exist independently of laws created by the government

Notice

information or formal communication that informs someone about a legal proceeding, requirement or fact

Opinions

a judge or court's written explanation of its decision and reasoning