Term
How are Statutory Laws Created? |
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Definition
Passed by a legislative body, must be consistent with constitutional law. |
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Term
How are common laws created? |
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Definition
- developed by courts if statutory law doesnt exist or apply
- must be consistent with constitutional law
- developed through court decisions, or precedents
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Term
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Definition
- Brought by state against someone accused of a crime, civil violation, or other offense
- Local DA represents state
- Penalties= imprisonment, fine, probation, or combination of all three
- offenses are divided into classes indicating seriousness and penalties
- States must prove beyond a reasonable doubt- very high standard of proof
- Defendent doesn't have to prove innocence
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Term
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Definition
- Cases between private individuals or corporations involving the breach of a legal duty and remedies to repair or prevent damage
- Types of civil actions- breaches of contract, personal injury or property damage due to negligence, debt collection, divorce, landlord-tenant disputes.
- Plantiff must prove case by a preponderance of evidence- lower standard of proof
- Must have grounds for civil suit, otherwise monetary penalties for filing frivilous law suit
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Term
Differences between criminal cases and civil actions |
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Definition
- Criminal is State vs.Defendent, Civil is Individuals or corporations.
- Criminal cases require the state to prove beyond a reasonable doubt, Civil cases need a preponderance of evidence(lower standard)
- Criminal Penalties include imprisonment, fines and probation; Civil ask for remedies to repair or prevent damage: No Jail time or probation.
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Term
How is the Maine Court System set up? (ie, what is the court system heirarchy) |
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Definition
Supreme Judicial Court Superior Court District Courts Probate Courts |
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Term
What does the Maine Supreme Judicial Court do? |
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Definition
- oversees the judicial branch of the Maine State Government
- rulemaking authority for all of the state's courts
- There are 7 members, Headed by Chief justice
- Decides who is admitted to the bar & conduct and discipline of lawyers and judges
- decides appeals on questions of law in civil actions and criminal trials
- also called law court because of appellate function
- may hear appeals of sentences of incarceration for a year or more
- may advise Governor or Legislature
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