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Intro to Law

Final
STUDY
PLAY
Procedural History
What happens in a case prior to concurrent court, what happened in the legal system before this case was decided
Citation
Where to find a case
Issue
Question before the court
Reasoning
Applying facts to the case in law
Actus Rea
Physical element of a crime
Administrative Law
the body of rules and regulations and orders and decisions created by administrative agencies of government
Holding
Final decision of the court
Devise
Gift Of Real Estate, (law) a gift of real property by will
Bequest
(law) a gift of personal property by will
Executor
a person appointed by a testator to carry out the terms of the will
Exordium Clause
introductory clause of will-identifies testator, domicile, statement that it's a will, revoke prior wills
List 4 types of evidence
Witness
Exhibits
Stipulated facts
judicial facts
list the pleading by the defendant
Cross Claim
Counter Claim
Third Party Action
Demonstrative Tools
Tangible items that depict, display, or demonstrate a fact
Actus Reas
The physical act of a crime, the physical part of the crime; the guilty act
Knowing act
An Act that is performed knowingly and willfully
Mens Rea
(law) criminal intent; guilty mind of a criminal
What is the purpose of punishment
t, rehabilitation, restraint, retribution and deterrence
Hearsay
Any testimony given in court about a statement made by someone else who was not under oath at the time of the statement
Lay Witness
an eyewitness, character witness, or other person called to testify who is not considered an expert(must testify to facts only and may not draw conclusions or express opinions
Expert Witness
one who has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue within that area of expertise
Interrogatories
Written questions for which written answers are prepared and then signed under oath; When the plaintiff wants to know what the defendant has to say
Deposition
(law) a pretrial interrogation of a witness: When the plaintiff wants to know what the defendant says
Discovery Tools
Pre-trial methods used by trial lawyers (such as subpoena, deposition, interrogation, motion to procure documents
Components of a motion
Supporting affidavit
Supporting Exhibit
Certificate of service
Proposed Order
Answer
the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff; uses the same format as a complaint, answers all questions in the complaint, has to be filed in 20 days, admits, Denies, or partial denies what's in the complaint
Parts of a complaint
Document title
docket number
identity of parties
jurisdiction and venue
Stipulated facts
Points or documents agreed upon as accepted, factual evidence by all parties prior to the trial. These may be referred to by either attorney or any witness who submitted them during questioning.
Circumstantial Evidence
(indirect evidence) evidence used to imply a fact but not prove it directly
Challenge for a cause
When you are eliminated from jury panel because of your job
Voir Dire
Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.
Insanity plea
A claim by a defendant that he or she lacks the soundness of mind required by law to accept responsibility for a criminal act.
Intoxication
When a defendant is rendered incapable of understanding the crime committed,: ,
No contest
the person doesn't admit to guilt but will not fight the prosecutions case; effect is the same as guilty plea
Premeditation
(law) thought and intention to commit a crime well in advance of the crime: The difference between 1st and 2nd degree murder
Federal Prison
Where you will spend time if you rob a bank; murder someone
When someone get 18-36 months where do they serve time
County prison
Misdemeanor
a minor crime; punishable by less then 1 year in prison
preemptory
when the jury knows the parties involved
Substantive law
rules that define legal rights and duties
Who can serve a copy of the complaint?
any non party adult
testator
a person who makes a will
Batman offers Robin 5000 for a costume, Robin counter offers 3000 and Batman says he will take 4000-how many contracts are involved here?
3
Chapter 13 bankruptcy
propose a plan for using future earnings and assets to eliminate debts over a period of time
Chapter 7 bankruptcy
Chapter of the Bankruptcy Code providing for liquidation of the debtor's assets in order to repay the creditors; certain assets or aggregate value of assets of the debtor may be exempt based on state law.
Do open ended questions occur during opening statements?
No
Final jury charge:Does the judge instruct the jury on proof; elements of law and statutes?
yes!
Is the testimony reviewed during jury charge?
No
jurisdiction
the right and power to interpret and apply the law
what is the power of the federal government to hear a case where state law conflicts with the constitution?
Supremacy Clause
Criminal Law
group of laws that defines and sets punishments for offenses against society
Civil law
law concerned with private wrongs against individuals
substantive law
rules that define legal rights and duties
Federal circuit court
Intermediate appellate Court
judicial branch
Supreme Court; interprets law
Executive branch
president and cabinet; enforces the law
Legislative branch
congress; makes the laws
Regarding trial: Is redirect limited to scope?
Yes
Must the plaintiff present before the defendant?
Yes
Statutes of fraud
From Common Law, if you want to enforce the contracts you enter when breached and suit files, it must be in writing.
What is not a main type of tort?
Personal torts
What type of court is Cumberland common pleas?
trial court
burden of proof
The obligation imposed on the prosecution to present sufficient evidence of guilt to justify a conviction
In civil law: burden of proof falls on the plaintiff-
Preponderance of the evidence
Civil law
law concerned with private wrongs against individuals
Criminal law
group of laws that defines and sets punishments for offenses against society
Is the verdict on jury charge?
No