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FIL 185 Exam 1
Terms in this set (56)
A person or party filing a lawsuit
Term used in both civil and criminal cases. It is the person charged with a crime
Monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party
Grants the plaintiff what he actually bargained for in the contract rather than damages.
The constitution is the ultimate law in the United States
A writ ordering someone to attend court so he can give testimony in court
Let the decision stand. The policy of courts to abide by or adhere to principles established by decisions in earlier cases.
An individual in whom another has placed the utmost trust and confidence to manage and protect property or money.
Procedural Due Process
The principle that the government must respect all of the legal rights that are owed to a person according to the law.
Preponderance of the Evidence
A standard of proof that must be met by a plaintiff if he or she is to win a civil action.
Writ of certiorari
A common law writ issued by a superior court to one of lower jurisdiction demanding the record of a particular case.
Who has official power to make legal decisions and judgments.
The provision in the U.S. constitution that gives congress exclusive power over trade activities among the states and with foreign countries
Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
A formal charge or accusation of a serious crime.
Ethics of Duty
The basic duties of society (do not kill or steal)
Ethics of Excellence
Go beyond minimum to make society better, be more honest and just
A progressive life stance that, without supernaturalism, affirms our ability and responsibility to lead meaningful, ethical lives capable of adding to the greater good of humanity.
Beyond Reasonable Doubt
A standard of proof that must be surpassed to convict an accused person in a criminal proceeding.
Necessary and Proper Clause
A section of the constitution that enables congress to create laws required for the exercise of its other powers established by the constitution.
Reliance on reason as the best guide for belief and action.
Designed to exclude evidence obtained in violation of defendants 4th amendment (unreasonable searches/seizures by law enforcement). A rule that forbids the introduction of illegally obtained evidence in a criminal trial.
The decisions (precedents) of higher courts are binding on lower courts so that the U.S. legal system will have consistency and stability.
Substantive Due Process
Laws cannot be subjective they have to be fair and make sense. The due process clause in the constitution should protect the essential right of a citizen.
Standing to Sue
The ability of a party to demonstrate to the court sufficient connection to harm from the law or action challenged to support that party's participation in the case.
The power of courts of law to review the executive and legislative branches. A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles.
Reasonable grounds for belief that an accused person may be subject to arrest or the issuance of a warrant.
Utilized by law enforcement when someone is arrested for suspected criminal activity. A warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
Specific location within the jurisdiction where the case will be heard
Types of money damages
Nominal - Tiny amount of money
Compensatory - Compensate the plaintiff whole again
Punitive - Intended to punish, large sum of money involved and press
Types of Non-Monetary Money Damages
Injunction - Court order telling defendant to stop doing something
Mandatory Injunction - Tells Defendent TO do something.
Specific Performance - Requires defendent to fulfill contract
The 3 Primary Roots of Western Ethics
Greek Philosophy - Lead ethical lives, virtues
Judeo-Christian - 10 commandments/golden rule
The Enlightenment - Rationalism and Humanism
Ethical Principles Two Main Categories
Ethics of Duty and Ethics of Excellence
Explain the adversarial process
Adversarial Process - Opposing sides battle it out in court. Both sides come in equal to reach truth. //Blackstone's Formula: "it is better to let 10 guilty men go free than for 1 innocent man to go to jail"
3 requirements for the Supreme Court to hear a case
-issue of US constitutional law
-need to have had a lower court hear your case
-granted a "writ of certiorari"
Limited Jurisdiction of federal courts meaning
means that each county has it's own court.
Grand Jury (What it is, what it does, why we have them)
made up of 16-23 members of the community who determine if there is probable cause to go to trial. It is important for citizen participation in the process of accusation, weed out meritless cases, and checks on govt. power
-seriousness of crime
-amount of evidence
-ties to the community
-Released on one's own recognizance (ROR)
Legal Principles of Marbury v. Madison
case that gave us the idea of judicial review
Legal Principles of Martin v. Hunter's Lessee
gave federal courts the power to review state court decisions that interpret federal law or the Constitution
What are Enumerated Powers
limits the power of congress through this system
What power does the commerce clause give congress
It allows congress to regulate anything in commerce or affecting commerce
Jefferson's Marketplace of Idea's theory of the 1st amendment
-right of free expression
-bad ideas should be out there so they're easier to rebut
-the remedy for bad speech isn't less speech, its more speech
4 Categories of speech that can be limited
1. Advocacy of crime or revolution
2. Commercial speech: advertisements about products
3. Obscenity: porn
4. Defamation: false statement that hurts someones reputation
Two Different 1st amendment clauses relating to freedom of religion
-The EstablishmentClause: govt. can't support, sponsor, or establish religion
-Free Exercise Clause: govt. can't interfere with people practicing their religion
Test of what constitutes an unreasonable search under the 4th amendment
1. Does the person have an expectation of privacy
2. is this expectation of privacy one that society is prepared to accept as reasonable
The justification for the 5th amendment right against self-incrimination
when in custody does the person feel an atmosphere of coercion. during interrogation are they asking you about the crime, you must be knowing and intelligent.
4 elements of Miranda and when they are required
1. right to remain silent
2. anything you say can be used against you in a court of law
3. you have a right for an attorney
4. if you can't afford one, one will be appointed to you
Reasoning behind the 6th amendment
Powell v. Alabama (1932)
-only get a lawyer for a capital crime
-defendant was incapable of making own defense
What constitutes ineffective assistance to counsel
1. performance was deficient
2. reasonable probability that the deficiency resulted in prejudice
-Freedom of Speech
-Freedom of Religion
-Freedom of Assembly
-Freedom to petition the Gov't for a redress of grievances
-Freedom of the press
Protects the right to keep and bear arms
Prohibits the forced quartering of soldiers during peacetime
Prohibits unreasonable searches and seizures and sets out requirements for search warrants
Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy.
Protects the right to a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel.
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