LEGL 111: Test 1 Knowt

What are the four types of law?

Constitution, case law, statutes, and administrative agencies

What is case law also known as?

Judicial Opinions

What is considered the heart of legal research?

Case law

What are the written demonstrations of branches of government and separation of power within the constitution?

Article I, II, III

What is the job of the executive branch?

Enforce law

What is the job of the legislative branch?

Create law

What is the job of the judicial branch?

Administer justice

How did the judicial branch develop over time in terms of the constitution?

Interpret law

1st Amendment

Speech and religion

2nd Amendment

Bear arms

5th/14th Amendment

Due process

What is the highest court in the U.S.?

SCTOUS

What does SCOTUS oversee?

State and federal cases

Where does the number of 9 justices come from?

The number of original federal circuits

How do justices get into their positions?

Nominated by president and confirmed by the Senate

What does “packing the court” mean?

Increase the number of justices for ideological purposes

What justice is the de facto leader and first to write an opinion?

Chief justice

How is the chief justice picked?

Based on seniority

Why do justices have life tenure?

We want them to be above politics and not worry about re-election

How many federal circuits are there?

13

What federal circuit is PA in?

3rd

What can be considered in an appellate case?

Original Trial, briefs, and the law

What CANNOT be considered in an appellate case?

Any new evidence, live testimony, a jury

What are the 3 differences of criminal and civil law?

Burden of proof, who brings complaint, and results

What is the burden of proof for criminal law?

Beyond all reasonable doubt

What is the burden of proof for civil law?

Preponderance of evidence

Who brings the complaint in a criminal case?

Government

Who brings the complaint in a civil case?

Plaintiff

What is the result of a criminal case?

Jail or Fine

What is the result of a civil case?

Money

What did the case Marbury v. Madison create for the judicial branch?

Judicial review which is the ability to review constitutionality

What is the purpose of legal research?

Using legal expertise to arrive at a legal conclusion; to find specific answers to specific legal questions (understanding the jurisdiction in which it took place)

True or False: You need to be an expert in every field of law

False

True or False: There are no absolute answers for legal research

True

Legal professionals should avoid _______ ______ as a general rule

Absolute answers

Why should legal professionals avoid absolute answers for legal research?

Usually they’re not the one’s making the decisions

The power of interpretation is for who?

The courts (not the attorney)

Stare Decisis

Rule of precedent

What are the best methods for legal research?

Jurisdiction and narrow research window

When doing legal research, what types of sources should you use?

Trusted sources

What does CALRs stand for?

Computer Assisted Legal Researchers

What are the legal research databases?

LEXIS NEXIS, WESTLAW, Google Scholar, Findlaw, Oyez, Laslaw

What are the big 3 legal research databases?

LEXIS NEXIS, WESTLAW, Google Scholar

What legal research databases are paid?

LEXIS NEXIS, WESTLAW, and Laslaw

What legal research databases are free?

Google Scholar, Findlaw, Oyez

What are the core principles of legal research?

Efficiency is key, practice makes perfect, and learn to skim

True of False; Judges can be elected or appointed

True

To qualify as a district/magistrate justice, do you need the bar?

No, but it is preferred

What is the primary purpose of a judge?

Authority to rule of questions of law for a case

The judge handles questions of _____ and the jury handles questions of ______

Law; fact

What are the requirements of an attorney?

Bachelors, graduation from an ABA approved law school, and pass the state bar exam (SBE)

What are the requirements for law school?

Bachelors, GPA, and LSAT

What is the perctange of acceptance into law school for GPA, LSAT, and everything else?

40/40/20

Paralegals

Legal professionals without a BAR license which varies from firm to firm

What are the duties of paralegals?

Legal research, client meetings, court filings, and writing

What can paralegals NOT do?

Unauthorized practice of law and legal advice with no official practice or with financial exchange

True or False: You need a license or a certificate to be a paralegal

False

What are employers looking for in terms of a paralegal position?

Legal research, writing skills, and experience

What type of duties does legal secretaries/interns have?

Administrative

What is the basic process of bringing legal action?

Filing a complaint, file an answer, the discovery process, and the resolution 

Filing a complaint is what step of a lawsuit?

1st step

Complaint

Gives the defendant notice on the grounds of the plaintiffs claims

Answer (Legal)

Filed by the defendant in response to the complaint outlining the plaintiffs position

Discovery

Pretrial device that can be used by a party to obtain information about a lawsuit from opposing party(s) to assist in preparation for trial

What is the longest part of the legal process?

Discovery

Why does the discovery process need transparency?

Based on intention so case can be decided on the merits which helps conclude the matter

Where is juvenile probation?

Basement

Where is the child custody office?

Basement

What is in the child custody office?

Custody disputes

Where is domestic relations?

Basement

Where is the law library?

Basement

What is in the law library?

Attorney mailboxes and caselaw books

Where is the “InfoCom" area?

Basement

What is in the “InfoCom” area?

Old documents, title searchers, Coroner’s office, and cafeteria/pseudo common room

Where is the clerk of records?

1st Floor

Where is clerk of courts?

1st Floor/clerk of records

What is in the clerk of courts?

Filing of all criminal case records, misdemeanor and felony charges, open criminal cases, and collection of court fines/costs

Where is prothonotary’s office?

1st Floor/clerk of records

What is in the prothonotary’s office?

Filing of all civil court cases

Where is the map room?

1st Floor

Where is register of wills?

1st Floor

Where is marriage license bureau?

1st Floor

Where is orphan’s court?

1st Floor

Where is recorder of deeds?

1st Floor

Where is election/voter registration?

1st Floor

Where is “central court”?

1st Floor

What is in “central court”?

Smalls claims or magistrate business

Where is the DA’s office?

2nd Floor

Who is the current DA?

Elizabeth Hirz

What is the DA’s office?

Highest law enforcement official in the county

What occurs in the DA’s office?

Determines charges for crimes and plea deal acceptance

Where is judges chambers and courtrooms?

2nd Floor

Where is court administration?

2nd Floor

Where is jury room?

2nd Floor

Where is adult probation located?

3rd Floor

What happens in adult probation?

All probation and parole cases are located there (DUI cases and ARD)

What is ARD for?

Accelerated Rehabilitation Dispositions are for first time or low level offenses

Where are the Erie county prison holding cells?

4th Floor

Where is the Warden’s office?

4th Floor

Jail

Awaiting sentencing under 2 year sentences