Law Quiz

Created by okv2 

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How to get Into Federal Court

the case arises under the constitution, laws. or treaties of the US

Jurisdiction

the power of a court to hear a case

Venue

where a case is heard

1st Amendment

Right to free speech, free press, free religion, the right of the people to peaceably assemble,

4th Amendment

The right against unreasonable searches and seizures, and warrants cant be issued without probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

5th Amendment

right to a jury; no double jeopardy; don't have to be a witness against yourself, cant be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation

6th Amendment

the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime was committed, and to be informed of the nature and cause of the accusation; the right to confront the witnesses against him; right to counsel for his defense

14th Amendment

the State cant deprives anyone of life, liberty, or property, without due process of law; cant deny anyone the equal protection of the laws (within their jurisdiction)

Felony

a serious crime such as a murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude

Misdemeanor

a lesser offense such as disorderly conduct or battery resulting in minor physical harm to the victim

Duty

have to be able to forsee it; can be created by statutes

Proximate Cause

a legal limitation on a negligent wrong-doer's liability for the actual consequences of his actions

Ordinance

a local rather than state law; takes priority over common law

Federal Courts

have limited jurisdiction; unlike state courts

Supreme Court

in certain cases, it may act as a trial court

Demurrer

motion to dismiss for failure to state a claim upon which relief can be granted

Violation of Due Process

the government must deprive someone of liberty or property

The Commerce Clause

an enumerated power and in independent constitutional check

Board of Directors

often has little influence on corporate policy because many board members don't have enough time, expertise, or energy to properly consider corporate decisions

Defamation

an intentional tort that prohibits the publication of false and defamatory statements concerning another; truth is a complete defense

Negligence

failure to use the care of a reasonable prudent person; 1) the defendant owed a duty 2) the defendant committed a breach of duty 3) the breach was the actual and proximate cause of injury

Legislative

congress; make laws in certain areas

Executive

President; enforces the laws

Judicial

Interprets the laws

Intent

desire to cause a certain consequence

Strict Liability

no one has to prove negligence

Recklessness

willful and wonton misconduct

Battery

a harmful or offensive touching of another person without their consent; the touching

Assault

intentional attempt or offer to cause a harmful or offensive contact with another person; the verbalization

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