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LAS101 Final Review

Terms in this set (44)

T/F: The adversarial system in the US courts comes from English common law
True
T/F: US Supreme Court has the power to hear a case appealed from state's highest appellate court if the case involves validity of statute
True
T/F: When an appellate court makes a decision, all higher courts in that jurisdiction must follow that decision
False
T/F: In Maricopa county, state trial court judges are appointed by the governor
True
T/F: 9th US Circuit of Appeals must follow the decisions of law made by the other US Circuit so that federal law is consistently interpreted throughout the country
False
T/F: Mediation has become the most popular form of ADR
True
T/F: Executive power includes authority to appoint Supreme Court Justices
True
T/F: Supremacy Clause provides that State Constitutions and state laws are on equal footing with US Constitution and federal laws
False
T/F: US Congress is biacameral legislature
True
What is the difference between rational basis standard and strict scrutiny standard in constitutional analysis?
-rational basis test says logical connection needed between what state is doing and valid state interests
-strict scrutiny: if you are getting in way of fundamental right, then state needs to back off
Explain the process used to create a new law
-idea
-talk to someone in legislature
-person introduces idea as law
-research idea
-call for vote and pass with majority
-bill sent to executive branch
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amendment
Right to bear arms
3rd Amendment
No quartering of troops
4th Amendment
Freedom from unreasonable searches and seizures
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process
6th Amendment
The right to a Speedy Trial by jury, representation by an attorney for an accused person
7th Amendment
Right to a trial by jury in civil cases
8th Amendment
No cruel or unusual punishment
9th Amendment
Citizens entitled to rights not listed in the Constitution
10th Amendment
Powers not given to federal government go to people and States
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
List 5 legally recognize relationships that allow parties to invoke jurisdiction of family court
1. parent-child
2. spouse
3. grandparent
4. adoptive parent
5. non-married parent
List and explain defenses to intentional torts against a person
1. Denial ("I didn't do it")
2. Affirmative defenses (ex. self-defense)
3. Consent of victim
4. Assumption of risk
5. Public safety
6. Defendant's safety
7. Insanity
What elements are necessary to assert negligence claim?
-duty
-breach of duty
-causation
-damages
Explain the difference between general and limited partnership
-general: equal say/liability for all partners and each partner is liable for business
-limited: liability is limited to investment and ownership in business
Consideration
what you give up or get when entering into a contract
Liquidated damages
damages payable for breach of contract are determined in contract itself; it is predetermined and agreed upon
Punitive damages
damages above/beyond compensating for loss; punishing wrong-doer
Specific performance
requirement that you do what contract says rather than collecting damages
Parol evidence rule
verbal evidence of written contract is not allowed
Adverse possesion
acquiring ownership of property by virtue of occupying property (finders keepers)
Strict liability
have responsibility because involvement is so dangerous
T/F: burden of proof in criminal case is beyond a shadow of doubt
False
T/F: defendant has Constitutional right to confront witnesses against defendant at trial
True
T/F: process by which jury is questioned and selected is called venire
False
T/F: defendant must take the stand and testify in his or her own defense at trial
False
T/F: if you are contacted by police officer, you must speak with officer and answer their questions
False
T/F: 5th amendment guarantees all defendants right to speedy trial
False
T/F: if prosecution has exculpatory information that tends to vindicate accused, prosecution has a duty to disclose that information to defense
True
T/F: new type of statute that requires sex offenders who are released from prison to register with local law enforcement agencies is referred to as Melanie's law
False (Megan's law)
T/F: prostitution, gambling, and drug and alcohol offenses are all types of vice crimes
True
T/F: police officer may seize evidence in plain view prohibited that officer has legal justification to be in constitutionally protected are when seizure occurs, evidence is i plain view of the officer, and it is apparent that object constitutes evidence of a crime
True
Explain difference between assault, battery, and how they change with aggravated
-assault: threat of physical harm
-battery: actual harm
-aggravated can use or not use a weapon; is a worse offense
-1+ aggravated factors that make it a worse crime
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