LIA: Study Terms for Ch 1-6 Test

Jurisprudence

is the study of law and legal philosophy

Law

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

human rights

are the rights all people have just because they are human beings

Criminal laws

regulate public conduct and set out duties owed to society

Felonies

is a term of more than one year in prison, applies to more serious crimes (murder, robbery)

Misdemeanors

term of one year or less, applies to less serious crimes (simple assault, minor theft)

Civil laws

regulate relations between individuals or groups of individuals

Civil action

is a lawsuit that can be brought by a person who feels wronged or injured by another person

Defendant

the person accused of committing the crime

Plaintiff

the person or company harmed

Prosecutor

in a criminal trial, the person who represents the government who initiates the case

Beyond a reasonable doubt

This 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 evidence

The jury needs only to decide if it is more than likely than not that the plaintiff’s complaint is true.

This is a lower requirement than “beyond a reasonable doubt”

diffusion of responsibility

a person is less likely to take responsibility

pluralistic ignorance

majority of group members privately reject a norm, but go along with it because they assume, incorrectly, that most others accept it

“No one believes, everyone thinks that everyone believes”

empathy altruism

The social exchange theory states that altruism does not exist unless benefits to the helper outweigh the costs

Limited government

is the principle notion in the Constitution (limits the government to powers provided to it by the people)

Separation of powers

Division of powers among three branches of the government

Checks and balances

a system where the three branches of the federal government are independent, but each has the power to restrain the other branches

Judicial review

enables a court to declare unenforceable any law passed by Congress or a state legislature that conflicts with the country’s highest law, the Constitution

Unconstitutional

can declare a law unconstitutional if…

(1) Government passed a law that the Constitution does not give it the power to pass

(2) Government passes a law that violates someone's rights.

Federalism

constitutionally division of federal and state governments

Veto

President has the power to refuse to approve law passed by Congress

Supremacy clause

states that “the Constitution and the Laws of the United States…shall be the supreme law of the land.”

Bills

are used to enact new laws or amend or repeal old laws.

Legislative intent

meaning behind a law, judge interprets its meaning

Appeals or appellate courts

higher courts that the person who loses a trial appeals to, asks it to review and the result of the trial

Treaty

agreements/contracts with one another

Advocacy

is the active support of a cause.

It also involves the art of persuading others to support the same cause.

Initiative

a procedure that enables a specific number of voters to propose a law by petition.

Referendum

when a legislative act is referred to voters for final approval or rejection

Recall

allows voters to remove an elected official from office

Lobbying

a way to influence the lawmaking process by convincing lawmakers to vote as you want them to.

Ombudspersons

Government agencies and some universities have these, who investigate complaints and then help the parties reach some agreement.

Parties

the two sides involved in each legal case

Adversarial system

the system is a contest between opposing sides, system in the U.S.

Theory is that the judge or jury will be able to determine the truth when both parties present their best arguments & show weaknesses in the other side’s case

Inquisitional system

system in which the judge is active in questioning witnesses and controlling the court process

Voir dire

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

Removal for cause

opposing attorneys may request this, the removal of any juror who appears incapable of rendering a fair and impartial verdict

Peremptory challenges

this allows the attorneys to remove any prospective jurors without stating a cause; have a limited amount

Error of law

this occurs when the judge makes a mistake as to the law applicable in the case.

An error is considered minor as long as it doesn’t affect the outcome of the trial; these minor errors will not result in a reversal of the decision

Precedent

a written opinion or ruling that all lower courts in the area must follow.

But a higher court can reverse or change the precedent, & other courts in different areas aren’t required to follow precedent

Dissenting opinion

Judges who disagree with the majority opinion write this; states the reasons for the disagreement.

These opinions are important because they may come the majority opinion later

Concurring opinion

when judges agree with the majority opinion but for different reasons than the majority opinion

Inherent powers

pre-existing powers for Native Americans to regulate family relationships, tribal membership, and law & order on the reservation

Delegated powers

sometimes Congress grants powers to a tribal group in certain areas like environmental regulation

Due process of law

is fair treatment; “no state may deprive a person of life, liberty, or property without due process of law”

Probate

These courts handle cases involving wills and claims against the estates of persons who die with or without a will.

petition for certiorari

a request of a lower court to send up its records

stare decisis

the legal principle of determining points in litigation according to precedent

Litigators

lawyers that go to court

Bar association

organization that licenses lawyers

Retainer

down payment on the total fee.

Lawyers often require this

Contingency fee

this means that the attorney will receive a certain percentage of any money the client wins in the case.

If the client does not win the case, the lawyer does not receive any money.

Attorney-Client Privilege

This prevents a lawyer from revealing the client’s information without permission

this encourages clients to speak openly and honestly to their attorneys.

Disbarred

what happens when a lawyer violates standards of conduct.

A lawyer no longer has a license to practice law after this.

Legal malpractice

Clients can file this type of lawsuit if they believe an attorney has acted irresponsibly and mishandled the case.

Executive branch

President and federal agencies, primarily responsible for enforcing the law

Legislative branch

Congress, passes laws or statutes

Judicial branch

courts, clarify and in some cases establish laws through its rulings

Statutory Fee

this means the cost of some probate or legal work is set by a statute or law

Bill of Rights

the first 10 Amendments of the Constitution

Defines and guarantees the fundamental rights and liberties of all Americans

Courts have decided that most its provisions limit the power of state & local government, like it does to the federal government

1st Amendment

This protects the five freedoms of expression: speech, press, religion, petition, and assembly.

2nd Amendment

People have the right to possess firearms.

3rd Amendment

Prohibits soldiers from inhabiting people’s homes without consent from the homeowner during peacetime or without a legal process during wartime.

4th Amendment

It protects people from unreasonable searches and seizures by the government by requiring warrants. It also requires probable cause for the government to obtain said warrant.

5th Amendment

People must go through due process. For serious crimes the defendant must be indicted by a grand jury first, protected from self-incrimination, and double jeopardy is not allowed. Eminent domain requires just compensation to an individual if the government wants to take their property for public use.

6th Amendment

It gives defendants the right to a speedy and public trial. In this trial, the jury must be impartial, allow witnesses to be cross-examined, inform the defendant of the charges against them, and guarantee the assistance of counsel even if the defendant can’t afford one.

7th Amendment

Individuals have the right to a jury trial in certain civil cases.

8th Amendment

Prohibits cruel & unusable punishments and excessive fines & bails that are extreme in nature or disproportionate to the crime.

9th Amendment

There are more rights that the people have beyond what is enumerated in the Constitution. These rights are still protected even if they aren’t listed.

10th Amendment

The power not delegated to the government nor prohibited by the states are reserved to the states or people.

Informal Talk

• least formal

• just the disputants settle things

  • not legally binding

Negotiation

• discuss the problem

• tries to reach a solution that’s acceptable to all

• 3 parts: preparation, negotiation, post-negotiation

Mediation

• takes place when a third person helps the parties talk about their problem & settle differences

• cannot impose a decision

Arbitration

• both parties to a dispute agree to have one or more person listen to their arguments & make a decision for them

• arbitrators act like a judge

Court Action

• more formal

• many people envolved

• enforceable by courts

Trial Courts

Listen to testimony, consider evidence, and decide the facts in disputed situations.

• Evidence is provided by witnesses who are called to testify in the case.

• There are two parties involved in the case; it’s either a civil or criminal trial.

  • The party who brings up the case is the plaintiff(civil) or prosecutor(criminal) and the party responding is the defendant.

• After the court makes a decision, the losing party may be able to appeal the decision in an appeals court.

Appeals Court

Where one party presents arguments asking the court to review the decision of the trial court.

The other party argues for the decision of trials.

• No juries, witnesses, or new evidence is presented.

• Not everyone can appeal their trial, only when there’s an error of law.

• Typically a panel of judges decides these cases.

State Court

State court systems resemble the federal courts in structure & procedure. State trial courts are typically specialized to deal with specific legal areas. EX: traffic courts for violating traffic laws.

• You may appeal to intermediate courts or the state supreme court.

• If the trial only involves state law the highest it can go is the state supreme court where it has the final say on the interpretation of state laws & constitution.

• If it involves federal law it can go to the U.S. Supreme Court.

Municipal/County Court →Intermediate Court of Appeals → State Supreme Court

Federal Court

The U.S. Constitution created a Supreme Court & gave Congress the power to create lower courts.

There are 94 federal judicial districts each having a federal trial court and U.S. bankruptcy court.

• The 94 districts are placed in 12 regional circuits, each with a court of appeals.

• The U.S. Court of Appeals for the Federal circuit’s jurisdiction is defined by subject matter over geography; it hears appeals from the U.S. Court of International Trade, Federal Claims, and U.S. Patent & Trademark Office. The Federal Circuit also hears appeals from the U.S. Tax Court and from the Court of Veterans

Tribal Court

Native American populations hold some power to regulate certain issues.

Some are inherent powers and others are delegated. Most groups have justice systems that hear a range of criminal & civil cases involving both Native and non-Native Americans.

Federal law and tribal law determine jurisdiction in tribal courts.

• Sentencing in criminal cases in tribal courts is limited to imprisonment of 1 year max and a fine maximum of $5k.

Supreme Court

Nine justices hear each case and a majority rule.

• Justices are nominated by the president and confirmed by the Senate.

The most important legal precedents are established by SCOTUS, and all courts in the U.S. must follow their decisions.

• Typically issues complete written opinion on 1% of cases that are appealed to them each year.

• The losing party in an appellate case appeals to the SCOTUS arguing why their case should be heard rather than how it should be decided.

Public Hearings

a formal meeting held to allow members of the public to provide input on a proposed government action, regulation, or project before a decision is made.

Officials aren’t required to act on these comments or even respond to them publicly

Statute

law

Trial

A formal examination of the facts of a case in a court of law before a judge and often a jury.

Parties dispute, present information, in a formal setting with the authority to adjudicate claims or disputes.