LEGL 2700 Test 1

Rules established by government and backed by enforcement; requires enforcement institutions to maintain order.

Laws should be generally and equally applicable to all members of society, including government itself.

The legal right to exclude others from resources you own.

Property owned by the government.

Property owned by one or more individuals.

Property owned collectively by multiple people.

System where judges determine meaning of law; judicial decisions set precedent.

System relying more on legislation than judicial decisions; common in Europe.

Law governing society as a whole; includes constitutional, administrative, and criminal law.

Law governing relationships between individuals; includes property, contract, and tort law.

Cases for damages or relief, often involving contracts or torts.

Cases where the government prosecutes wrongs against society; punishment possible.

Law defining rights and duties between people and the state.

Law setting rules for how substantive law is enforced and administered.

Constitution → Statutes → Administrative regulations.

State constitution → Statutes → State regulations → Ordinances.

Judges interpreting law and setting precedent.

Prior court rulings guiding future similar cases.

Doctrine requiring courts to follow precedent for consistency.

Methods used to enforce compliance with law.

Court-ordered means to enforce rights or fix harm.

Plaintiff’s request for a remedy in a case.

Failure to perform a contractual promise.

Compensatory damages, consequential damages, or specific performance.

A civil wrong other than breach of contract.

Money awarded to cover actual losses.

Money awarded to punish wrongdoing.

Officials presiding over trial courts.

Judges in appellate courts reviewing legal issues.

The U.S. Supreme Court, highest federal appellate court.

16–23 citizens deciding probable cause for indictments.

6–12 citizens deciding guilt or liability in trials.

Jury unable to reach a decision, leading to mistrial.

Trial without jury; judge decides facts and law.

Formal charge by grand jury confirming probable cause.

Grand jury finds probable cause for some charges only.

Grand jury finds no probable cause for charges.

Officers of the court representing clients.

Confidentiality of legal advice between lawyer and client.

Court’s authority to hear cases of certain types.

Courts handling wills and estates.

Courts handling cases involving minors.

Courts handling small claims and evictions.

Courts where cases begin; determine facts and law.

Courts reviewing trial decisions for errors.

Highest court in a state.

Request for Supreme Court review of a case.

Created under Article III of the Constitution.

Cases involving Constitution, federal law, or treaties.

Cases with parties from different states and claims over \$75,000.

Federal trial courts, at least one per state.

Rules for civil cases in federal courts.

13 circuits reviewing district court cases.

The party filing a lawsuit.

The party being sued or charged.

Representing oneself in court.

The official court ruling supported by most judges.

Judge agrees with decision but for different reasons.

Judge disagrees with majority decision.

Legal process to resolve disputes, often settled before trial.

Requirement that plaintiff is directly affected by the issue.

Actual harm shown by plaintiff.

Harm must be linked to defendant’s conduct.

Court must be able to provide a remedy.

Court’s authority to hear a case.

Court’s authority over the parties in a case.

Delivery of legal notice to defendant.

Allows jurisdiction over out-of-state defendants.

Returning a suspect to the state/country of trial.

Many plaintiffs join one lawsuit with common issues.

Document that starts a civil lawsuit.

Defendant’s response to a complaint.

Ruling for plaintiff if defendant fails to respond.

All initial documents in a lawsuit.

Formal charge brought by grand jury.

Requests for court orders during litigation.

Time limit to file a lawsuit.

Pretrial exchange of evidence.

Written questions answered under oath.

Oral testimony taken before trial under oath.

Requirement to preserve evidence once litigation is pending.

Binding dispute resolution by a neutral arbitrator.

Non-binding negotiation with mediator’s help.

Jury selection process.

First presentations of each side’s case.

Party questions its own witnesses.

Opposing party questions witnesses.

Final summaries of evidence to jury.

Judge explains law to jury before deliberation.

Jury’s decision in a case.

Judge overturning a jury’s verdict.

Burden of proof in criminal cases.

High standard of proof requiring firm belief.

Burden of proof in civil cases; more likely than not.

Reasonable belief a crime has been committed.

Specific facts suggesting criminal activity.

Prohibition on being tried twice for the same crime.

Final judgment in civil case preventing retrial.

Court-ordered deduction of wages to pay judgment.

Document establishing U.S. government structure and powers.

Creates Congress.

Creates the President and executive branch.

Creates the judicial branch.

System where power is shared between federal and state governments.

Powers explicitly granted to federal government.

Reserves powers not given to federal government for states.

Federal law overrides state law; state overrides local law.

Congress can regulate interstate and foreign commerce.

States regulate health, safety, and welfare within borders.

States must recognize other states’ judgments and laws.

States cannot pass laws impairing existing contracts.

Civil Rights Act upheld using Commerce Clause to regulate discrimination.

Government cannot arbitrarily deny life, liberty, or property.

14th Amendment requirement for equal treatment under the law.

Right to trial and attorney in criminal cases.

Prohibits excessive bail, fines, and cruel punishment.

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

Threats, fighting words, defamation, and obscenity.

False statements harming reputation; libel is written, slander is spoken.

Unprotected speech appealing to prurient interest, violating community standards, and lacking merit.

Right not to testify against yourself in criminal cases.

Rights read to suspects during arrest under 5th Amendment.

Protects against unreasonable searches and seizures.

Business speech with limited First Amendment protection.

Corporations claiming certain constitutional rights like free speech.