149 Cards in this Set
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Laws
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1) Norms
2) Regularly enforced by coercion
3) By a person authorized by society
4) As applied by courts of law
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Prosecutor
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to find the truth
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Defense attorney
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Ethically and zealously defend the accused.
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Why do defense attorneys defend people they know are guilty?
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They are defending the 6th amendment. Defense attorneys are defending the constitution.
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Executive orders
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presidential laws that must deal with a function of the executive branch and must be implemented by executive agency. "trump card" of the president.
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Reinforcing effect
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People want to be validated- they watch media that validates what they already believe.
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Law is politics
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NRA bullies politicians, medical marijuana, etc.
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Natural law
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Inalienable rights, given by creator. "Because God says." Used against gay marriage and for slavery. "This is God's way of dividing us into the superior and subpar." Also used by Hitler- can be good or bad.
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Positive law
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Actual written laws. Can be good and bad, but overall good.
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Rational law
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Involves application of general principles to specific facts or cases. Gives predictability and precedent.
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Precedent
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Overtime precedent is overturned, but it allows predictability in cases.
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Irrational law
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Moral view: the Kadi system- elders make determinations using morals.
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If positive law violates natural law
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corruption of law
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Bill of Rights
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first 10 amendments
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Judicial review
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Invalidating legislation and overturning convictions, not only on the basis of a conflict with a state constitution, but also on the basis of natural law.
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Equity
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A concern for fairness. It isn't enough to do what is "right" in accord with the law- one must also act fairly and do what is "good" in the eyes of God.
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Stare decisis
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Chain of cases in which each decision is an interpretation of immediately prior decisions.
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civil law
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Use a detailed enumeration of rules and regulations. Used in some European nations. Precedent is absent as a legal concept.
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Administrative agencies
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Created by the legislative branch to carry out an executive branch responsibility.
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Administrative law
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Body of law created by administrative and regulatory bodies.
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Adversarial system
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System of fact-finding used in American trials in which each side is represented using an attorney who acts as an advocate.
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Calendar
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A list of cases to be heard in a trial court on a specific date, containing the title of the case, the lawyers involved, and the case number.
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Case law
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Previous decisions of appellate courts, particularly the supreme court.
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Cause
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Any question/action subject to litigation before the court.
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Code
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A compilation of laws arranged by chapters.
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Code of procedure
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Provides directions for carrying out criminal and noncriminal statutes.
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Common law
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A legal system inherited from England based on tradition or precedent rather than statutory law or fixed legal codes; law the result of judicial decisions as opposed to legislative enactment.
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Contract
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An agreement between two or more parties that creates an obligation to do or not do a particular thing.
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De jure
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By law
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De novo
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Anew, for a second time.
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Discretion
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The lawful ability of an agent of government to exercise choice in making a decision.
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Estoppel
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Acknowledgement of facts that bars making subsequent claims to the contrary.
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Federal register
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Government publication cpntaining all rules/regulations proposed and promulgated by federal agencies.
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Fiduciary
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The obligation of a trustee to act according to scrupulous good faith.
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In camera
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In private, referring to a judge's chambers.
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Infraction
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Minor violation of law not punishable by incarceration.
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Injunction
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Court order prohibiting a threatened or continuing act.
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Inquisitorial system
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System in which judges are the center of the fact-finding process.
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Legislative supremacy
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Recognition of courts as an inferior branch of government.
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Liable
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legally responsible
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litigant
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party to a lawsuit
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Opinion
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Written opinion by which judges explain the decision of the court.
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Ordinance
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A statute enacted by a municipality or county.
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original jurisdiction
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Trial jurisdiction
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Overrule
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Judge's decision not to allow an objection; decision by a higher court that a lower court was in error.
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Petition
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Formal written "request" or "prayer" for action; form of complaint used in juvenile proceedings.
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Plaintiff
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Person imitating an action in a civil case or on appeal.
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Positivism
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In criminology, the use of the scientific method to study crime; the belief tha such methods will enlighten society about the nature of crime and criminals and that crime is not simply the result of free will.
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Private law
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Civil action between two parties that does not involve government as a defendant or plaintiff.
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Privilege
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An exceptional right
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Pro se
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Presenting a case without a lawyer.
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Procedural law
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Specific instructions for invoking substantive law
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Ratio decedent
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The legal principle on which a case decision is based.
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Remedy
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Means by which a court can enforce its findng
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Res judicata
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A controversy that has already been adjudicated, thereby barring new legal action.
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Rules of evidence
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Standards governing the admission of evidence
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Self-incrimination
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Forcing a suspect to provide evidence against him or herself; prohibited by the fifth amendment.
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Specific performance
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An order under equity compelling the fulfillment of the terms of a contract where damages would be inappropriate or inadequate.
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Summons
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Legal instrument used to notify a person that he or she is being named as a party in a legal action and requiring the defendant to appear and defend. Also used to notify a witness or juror to appear in court.
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Uniform commercial code
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Comprehensive laws relating to commercial transactions promulgated by the national conference of commissioners on uniform state laws adopted by each state except Louisiana.
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Writ
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A court order demanding certain action(s).
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Brief
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Report prepared by an attorney and filed in court setting forth facts and applicable law in support of a case.
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Corporate counsel
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Employee of a corporation who handles routine legal matters.
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Cravath system
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A method used by national law firms to train the graduates of elite law schools in the practice of corporate law.
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Diploma privilege
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Admitting the graduates of law school to the bar without further examination.
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Integrated bar
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Membership in a state bar association is required in order to practice law.
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Machine politics
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Manner by which political parties assert domination of local government.
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National law firms
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Large law firms whose clients are geographically diverse.
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Nativism
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Antagonism towards recent immigrants.
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Pro bono
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Lawyer working without compensation.
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Retainer
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An advanced paid by a client to an attorney in order to engage the attorney's services.
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Accreditation
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Recognition given by an official governing body.
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Bar
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Partition separating the general public from lawyers, commonly refers to the whole body of attorneys.
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Case method
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Teaching device using case law (the Socratic method) to educate students in law schools.
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Contributory negligence
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Plaintiff's failure to exercise care, which contributed to the damages he or she sustained.
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Critical legal studies
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View of law as a device for protecting capitalism.
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Distinguish away
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To disregard an apparently relevant precedent by narrowly confining the case t its particular facts.
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Elite law schools
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The most prestigious university law schools.
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Inns of court
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English law schools
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Jurisprudence
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Study of law and the structure of the legal system.
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Law and economics
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View that courts should consider the economic consequences of their decisions.
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LSAT
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Exam used to determine fitness for law school.
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Legal realism
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View that appellate courts should go beyond precedent to consider the societal impact of a decisions.
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Motion
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Application to the court for the invoking of a rule or order.
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Regional law schools
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University law schools drawing most of their students from the greater area in which the school is located.
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Sociological jurisprudence
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View that courts should consider the social implications of decisions.
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Socratic Method
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Teaching method that challenges law students to "think on their feet."
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What is appealed?
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Matters of law
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Double jeopardy
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Cannot be tried twice by the same sovereign
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Can someone be tried by the military and US government?
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Yes. Two different jurisdictions.
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Who prosecutes when multiple jurisdictions have authority?
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Whoever has the resources to build the best case.
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S.O.F.A
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Status of forces agreements
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Opinions: civil systems vs. common
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Civil: Unsigned, nobody knows who wrote opinion or what the vote was.
Common: Opinion is signed; concurring and dissenting
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Justice Anthony Kennedy
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Appointed by George H. W. Bush in 1989. Conservative, but open to looking at both sides.
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Chief Justice Roberts
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Originally supposed to replace O'Connor, but Chief justice Rhenquist and Roberts was renominated for Chief Justice. He is conservative.
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When does the chief justice vote?
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Last. If chief justice is in the majority, he decides who writes the opinion. If he isn't, the next senior member who is picks.
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Justice Scalia
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radical conservative- most conservative justice.
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Justice Clarence Thomas
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Appointed in the 90s, very rough confirmation hearing- sexual harassment allegations at a time when sexual harassment was beginning to become a big deal. He replaced Thurgood Marshall, but goes against everything Marshall supported. He is on the right with Scalia. Has been on the court si…
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Justice Sonya Sotomayor
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First Hispanic on the court. Ideologically left, but not a radical.
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Ruth Bader Ginsburg
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appointed by Clinton. Very liberal. Democrats are upset with her because she's old and has been sick, and if she dies during the next term there is a likely chance she will be replaced by a republican appointee.
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Alana Kagan
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Fourth woman ever appointed to the supreme court. She's never been a judge. When appointed, she was the dean of Harvard law School. Ideologically left.
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Breyer
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Appointed by Clinton, left.
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Alito
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Took Sandra Day O'Connor's spot. Very conservative.
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Who is the current "swing guy" on the Supreme court?
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Justice Kennedy
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problems with the supreme court
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1) The conservatives are radical, most of the liberals are not.
2) 4/5 boroughs of NYC are represented.
3) All went to Ivy League Schools.
4) Not much diversity. (Geographically, ethnically, religiously. Completely made up of Catholics and Jews.)
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What does law school help us understand?
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1) Rules of procedure
2) Rules of evidence
3) Substantive criminal law
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What does judicial training in the civil system accomplish?
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Learning to use the civil code. The code is a large book with specifically written things. They receive years of training to navigate this code.
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Common law vs. civil law (in countries)
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US lawyers are much more flexible, because civil systems require finding directly in code.
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Appellate jurisdiction
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A court having the authority to review and modify the decision of a lower court.
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Appellate review
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The consideration of a case by a court of appeals.
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bankruptcy
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Legal process by which persons or businesses that cannot pay their debts can seek the assistance of bankruptcy court.
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Blackstone's commentaries
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William Blackstone divided common law into four volumes that influenced legal education.
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cause of action
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Facts that give rise to a matter before the court.
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chief judge
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Judge who has primary responsibility for court administration.
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concurrent jurisdiction
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Shared by different courts.
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constitutional courts
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Federal courts created by Article 3 of the constitution.
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court manager
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An administrative employee responsible for nonlegal matters.
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court unification
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Simplified state trial court structure, rule-making centered in the supreme court or judicial council, system governance authority vested in the chief justice of the supreme court, and state funding of the judicial system with a statewide judicial system budget.
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diversity jurisdiction
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federal court authority to decide cases with litigants from different states.
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docket
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Log containing the complete history of each case in the form of a brief chronology.
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en banc
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All of the judges of an appellate court collectively deciding a case.
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estate
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Property left by the deceased.
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extralegal
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Beyond the formal legal process.
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forum non conveniens
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A legal action that could be dismissed because it is inconvenient for the defendant and/or witnesses to try a case so far away, provided the plaintiff has an alternate forum.
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habeas corpus
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A legal document challenging custody and designed to force authorities holding a prisoner to produce him or her and justify the custody. Often used as an alternative method of appealing a conviction.
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immunity
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Exemption from a civil or criminal responsibility.
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intermediate court of appeals
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Appellate court located between trial courts and the court of last resort.
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Jail
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Local, municipal, or county, institution used to house those awaiting trial, those convicted of a misdemeanor, and those awaiting transfer to a prison.
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judicial conference
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A body of judges established to provide uniformity of policy and to consider matters of judicial discipline.
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jurisdiction
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The authority to adjudicate a case based on a variety of factors such as geography, seriousness of the crime, or the value of the amount in dispute.
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law clerks
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law school graduates who assist judges with research.
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legislative courts
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Federal courts created by congress by Article 1 of the constitution.
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long-arm statutes
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Allows jurisdiction over nonresidents if they have ties to that state when the cause of the action is local and affects local residents.
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lynching
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Extra-legal execution
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magistrate
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Judicial officer in a court of limited jurisdiction.
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misdemeanor
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Lesser of the two basic types of crime; usually punishable by no more than 1 year of imprisonment.
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notary public
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Person authorized to administer oaths, certify signatures, and perform other minor official acts.
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probate court
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Court responsible for estate administration.
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reporter system
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Publications containing current appellate decisions from a specific region.
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separation of powers
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The division of government into 3 branches.
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small-claims court
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Court having jurisdiction to adjudicate civil claims below a certain amount without a jury and in which parties usually appear without attorneys.
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stay
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A court order that temporarily stops a legal proceeding.
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venue
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Proper jurisdiction for considering a particular case.
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vigilantism
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Extralegal use of force.
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Federalists
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Strong central government
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Antifederalists
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States rights
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First state to ratify constitution
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Delaware
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Article 1
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Legislative branch: represents the people, how to represent states, bicameral legislature
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Slavery
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3/5 compromise
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POLS 210: Exam 1