Defines the limits the government has to pass laws
Describes functions of the 3 branches of government-executive, judiciary, legislative
7 Articles & 27 Amendments
1st Ten Amendments are the Bill of Rights
Know facts about State Constitutions.
States come up with their own laws-but they cannot go against the constitution; the laws can be more restrictive/protective
What are the BIll of Rights?
The 1st ten amendments.
Know the Amendments: 5, 14, 4, 6, 7, 26.
4th - probable cause for search & seizure, 5th - don't have to be a witness against yourself in a criminal case;double jeopardy protective;equal protection of the accused. 6th - Right to cancel; right to a speedy and fair trial. 7th - right to a jury trial. 14th - States follow equal protection clause of the accused - due process. 26th - 18 year olds can vote.
What is the U.S. law system based upon?
English common law
Who has the final authority regarding the constitutionality of laws?
The supreme court of the united states
Chapter 1-2
What are the court systems in the U.S.?
State & Federal
What is the highest court in the U.S.?
U.S. Supreme Court
Where do most cases start in the federal court system?
U.S. District Courts
Where do most cases start in the state court system?
Lower (Local) Trial Courts
With which court system do most cases begin?
State
What court system hears criminal cases?
Both state & federal
What type of cases does the intermediate courts hear?
Appeals from lower courts
What are appeals based on?
An appeal is a request to a higher court to reverse a lower court's decision.
How do the U.S. Supreme Court justices decide which cases to hear?
They vote 4 out of 9 on cases they will hear
Know differences between a civil trial and a criminal trial.
Civil trials are over non-criminal disputes,the plaintiff is the person who brings the action (complainer) Defendant is the person who is the object of the complaint. Burden of Proof-plantiff's evidence must be slightly more convincing than the defendant's. (Preponderance of the Evidence), greater than 50%. The punishment is monetary compensation for damages and injunctions.
Criminal trials are over criminal disputes where a person is accused of committing a crime, the Prosecutor is the party doing the accusing/represents the government and people in general. Defendant is the person accused of the crime. Burden of proof is that the prosecutor must convince the judge or jury beyond a reasonable doubt, the judge or jury must be at least 95% sure of the prosecutor.
How does a criminal trial start?
An arrest
How does a civil trial start?
Pleadings
What is an arraignment?
Arranging someone in court
What happens during the arraignment process?
Suspect brought before the court, informed of the charges & made aware of his/her rights
The judge may dismiss the charges or bring formal charges
The suspect enters a plea
A court date is set
What is a jury trial?
Decides the case and the verdict
What are the steps of a jury trial?
Choosing jury members
Move to opening statements
Evidence is introduced
Closing arguments begin
Judge gives the jury instructions
Jury decided the case & brings a verdict
Verdict is followed by a judgment
What is a petit jury?
Trial jury that determines if one is guilty or not guilty
What is a grand jury?
Jury of inquiry that conducts a private hearing to determine if one must stand trail
What is an indictment?
A written accusation charging the individual
What is burden of proof?
Which party has the responsibility of actually proving his/her side of the story and how convincingly he/she must prove it
Who has burden of proof in a criminal case?
prosecutor
Who has burden of proof in a civil case?
plaintiff
Who must be convincing beyond a reasonable doubt?
Prosecutor in a criminal trial
When does a police officer need a search warrant?
A police officer needs a search warrant when he is entering any property randomly without a reason such as plain view.
When does he NOT need a search warrant?
When a police officer believes a person has committed or is committing a crime in their presence
Know the Miranda Rights (4 Rights).
Be told what crimes they are being arrested for
Right to an attorney
Court must appoint attorney at no cost if they cannot afford one
Right to remain silent & anything they do say can be used against them in court
Chapter 2
What is a crime?
An offense against society as a whole
Know the definition to crimes against people.
Crimes targeting people
Know the characteristics to crimes against people.
Bodily harm, the threat of bodily harm, or other actions committed against the will of an individual
Know the definition to crimes against property
Crimes against people's belongings
Know the characteristics to crimes against property
Robbery,trespassing,money laundering, etc.
Know the definition to crimes against businesses.
crimes committed against company
Know the characteristics to crimes against businesses.
crimes committed against company
What are the 3 classes of crimes?
Felonies, misdemeanors, infractions
What is a felony?
Major, very serious offenses
What is a misdemeanor?
Minor, less serious crimes
What are the 4 most used defenses discussed?
innocence
self-defense
insult
emotional violence
What is needed for each defense to be a valid defense in a court of law?
All elements
What is due process?
a requirement that legal matters be resolved according to established rules
What are some of your due process rights?
No illegal search or seizure of evidence
No arrest without probable cause
A fair, speedy, and public trial
Be informed of your charges
What happens if your due process rights are violated?
You have grounds for an appeal
Chapter 3
What are the differences between torts and crimes?
Tort- wrong against a person
Crime- wrong against society
What is a tort?
A wrong against an individual
What is the most common tort?
negligence
What is negligence?
When one person carelessly injures another person
What are the 4 elements of negligence?
Duty of care, breach, proximate cause, actual harm
Be able to explain each of the elements of negligence.
Duty of care is when the defendant owed the plaintiff a duty of care to not violate the plaintiff's rights and to use a reasonable standard of care
Breach is when the defendant breaks the duty of care and the "reasonable person" objective test.
Proximate Cause is when the plantiff's injury was a result of the defendant's action(s) (foreseeability test)
Actual Harm is when the plaintiff suffers actual harm (financial loss, physical harm, property damage, mental suffering)
What are the 4 defenses to negligence?
Attack & eliminate one of the four elements, contributory negligence, comparative negligence, assumption of risk
Be able to identify or explain the defenses to negligence.
Attack and Eliminate one of the four elements- means you are able to prove that one of the four elements didn't occur.
Contributory negligence - means
Comparative negligence - means
Assumption of risk - means
How does comparative negligence work?
Negligence of each party is compared and plaintiff’s recovery is reduced by the percent of his negligence
What is the tort of strict liability?
Some activities are so dangerous that liability will always follow any injury that results from those activities
What are compensatory damages?
Monies awarded to the injured party to compensate for loss caused by a tort
What are punitive damages?
Additional monies awarded when acts are done with malice or gross negligence
What was the defense used in the McDonald’s case?
Comparative Negligence
Who was the plaintiff and who was the defendant in the McDonald’s case?
The plaintiff was Linda Beck
The defendant was McDonald's corporation
What was the outcome of the McDonald’s case?
The outcome was a final settlement that has never been released to the public.
What type of damages was the plaintiff awarded in the McDonald’s case?
The plaintiff was awarded both punitive and compensatory damages.
Chapter 4
What are the 6 elements of all contracts that make them legally binding?