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BA 363 Exam 1
Terms in this set (49)
Laws that are passed by either a state legislature or the congress of the united states.
Laws created by administrative agencies in order to carry out their duties and responsibilities.
The aggregate of reported cases that interpret judicial precedents, statutes, regulations and constitutional provisions.
Established the kings court to decide cases and to establish a uniform set of rules for the country as a whole.
A prior court decision that decided the same or similar legal issue as that in the present case and which will control the outcome of the present case
let the decision stand/to stand by that which is decided
Uniform State Laws/Uniform Commercial Code (UCC)
Facilitates commerce among the states by providing uniform, yet flexible, set of rules governing commercial transactions.
Dangerous behavior outlawed by society. Government prosecutes accused.
An offense for which a sentence to a term of imprisonment in excess of one year.
An offense for which a sentence to a term of imprisonment not in excess of one year.
Defines and regulates the rights and duties between individuals or individuals and governments. wrongdoers pay money, no jail time.
Burden of Proof
A duty to prove or disprove a disputed fact...In CRIMINAL cases-must establish that fact beyond a reasonable doubt...in CIVIL cases-preponderance of the evidence.
Beyond a Reasonable Doubt
Requires that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person.
OJ Simpson Example
in 1996, OJ was acquitted of murder in a criminal trial. They couldnt prove it beyond a resonable doubt. But they found him liable in civil action due to the preponderance of the evidence.
Rules or standards governing conduct members a profession
Living by a moral code and standards of ethics
Conformity to rules of correct conduct within the context of society, religion or other institutional belief.
Initiates the civil proceedings. The party who originally brought the lawsuit.
Initiates criminal proceedings
Party against whom civil or criminal proceedings are brought
Petitioner or appellant
The party who has appealed the decision of the trial court or lower court. Can be either the plaintiff or the defendant, depending on who lost the case
Respondent or Appellee
The party who must answer the petitioner's appeal
Statute of Limitations
The time period within which a certain kind of lawsuit must be filed.
A neutral fact finder- a jury or judge- hears the evidence presented by both sides and then makes an objective decision based on the facts that presented the law.
Right of a court to hear and decide the case
Organization of the Court System
Both state and federal courts systems have lover courts (courts of original jurisdiction) and Appellate courts (courts of appellate jurisdiction)
place where cases begin...single judge presides over case
Review actions of trial court...no trials held, panel of judges hears case.
Possible Actions of an Appeal Court/Reviewing court
Affirm-No reversible error and decision stands.
Reverse-Reversible error and decision is reversed.
Remand-Error that requires further proceedings.
Modify-Change ruling of lower court.
Alabamas Court of Appeals Location
Courts of Original Jurisdiction
Circuit Court: civil action for money exceeding $10k.
District Court: "..."not exceeding $10k.
Small Claims Court: does not exceed $3k.
Necessary and Proper Clause
Constitution has a list of congressional powers-AND gives Congress the power "to make all laws which shall be necessary and proper carrying into execution the forgoing powers..."- povides broad congressional control of commerce
The Supremacy Clause
"The constitution, and the laws of the US shall be the supreme law of the land; and the judges in every state shall be bound thereby.-Whenever a state law directly conflicts with a federal law, the state law is rendered invalid.
Congress has the power to regulate commerce with foreign nations and among the several states and with the indian tribes----INTERSTATE COMMERCE
Katzenbach v. McClung
Ollie's BBQ, 220 seats for whites only, black people could only order "to-go". 1964 Civil rights act prohibits racial segregation in public accommodations serving interstate travelers.
Does title II apply to local business?
YES- activity may "exert a substantial economic effect on interstate commerce"
Lay and collect taxes.
used to raise revenue and/or deter/punish/encourage certain behaviors.
Gives federal government the power to impose income taxes
First 10 Amendments
Bill of Rights
Bill of Rights Includes
Freedom of Speech
Freedom of Religion
Freedom from Compelled Self-Incrimination
Freedom from unreasonable searches and seizures.
Obscenity, child pornography, and defamation...a statement of defamation must be true...if the plaintiff is a public figure or public official, the plaintiff must prove that the defendant acted with malice.
Communications Decency Act (CDA)
made the transmission of indecent or patently offensive speech or images to minors a criminal offense.
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Protects from unreasonable searches and seizures. generally, closed places such as homes and businesses are not subject to random police search.
If information is obtained illegally, they cannot be used introduced by a prosecutor.
Statement of rights, including the right to remain silent...etc.
Just Compensation or Taking Clause. (Government can take property for public purposes---Eminent Domain)
Due Process Clause and Equal Protection Clause-No state shall deprive any person of life, liberty, or the pursuit of happiness without due process of law.
State governments must treat people equally.
International Limits to Constitutional Protection
No Constitutional protections outside the US. Except embassy property= US soil.
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