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29 terms

Law Quiz

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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