Term
| Law is Divided into what two main types? |
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Definition
-Civil substantive, matter or substance - Criminal procedureal, matter of procedure |
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Term
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Definition
-Constitutions -Legislation -Regulations -Ordinances (local) -Court Made Law |
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Term
| What are the two types of Jurisdiction a court must have before hearing a case |
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Definition
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Term
| The basic nature of court and administrative hearings in the US is |
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Definition
ADVERSARIAL there are two types of hearings adversarial and accusatorial the US uses Adversarial |
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Term
| How can a social worker influence legislation or regulation? |
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Definition
-Vote -Lobby -Propose bills to senators -Be active in a special intrest group or professional orginization -Comment on lproposed legislation at forums |
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Term
| What is the primary purpose of a regluation? |
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Definition
To fill in details when carrying out the law mediate the roles of legislators and beuracrats |
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Term
Describe the two types of court made law Construction Common Law |
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Definition
Construction: The court interprets a law/statute that already exists Common Law: Court law - the law of court cases (ie roe v wade) new law that has no previous government regulation |
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Term
| what is the role of trial courts vs appellate courts? |
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Definition
trial: courts of fact finding appellate: parties who believe the verdict in trial court was wrong, and are appelaing the decision |
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Term
| How does the adversarial system promote fairness? |
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Definition
| criminal or civil- relies on both sides bringing out all the facts as opposed to one side, also a neutral party makes the final decision |
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Term
Pre trial actions Filing a petition |
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Definition
giving the complaint/petition to the court complaint (plaintiff v defendant) petition ( petitioner v respondent) |
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Term
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Definition
written or verbal response to petition or comlaint must be given in a specific period of time or case will be defulted and the plaintiff may be given what they have requested without a trial |
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Term
Pre trial actions Pre-trial motion |
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Definition
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Term
Pre trial actions Discovery |
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Definition
| collection of data / facts/ documents |
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Term
Pre trial actions Interrogatories |
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Definition
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Term
Pre Trial Actions Depositions |
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Definition
| Recorded q&a sessions that are transcribed by a stenographer |
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Term
Pre Trial Actions Other Pretiral Motions |
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Definition
Motion to dismiss (petitioner not entitled to relif under the law) motion to squash (faulty service or no personal jurisdiction over defendant) |
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Term
The Trial Voir Dire (If Jury Trial) |
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Definition
| Formally question potential jury members for cause/premptery challenges |
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Term
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Definition
Tell your story the prosecutor or gov goes first than the defense |
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Term
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Definition
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Term
the trial closing arguments |
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Definition
arguments made by each party, not considered evidence |
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Term
the trial instructions to jury (if jury trial) |
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Definition
Judge istructs the jury on the proper law to apply to the case, and the legal standard of burden to apply |
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Term
| at what stage of trial / hearing process are most cases settled? |
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Definition
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Term
Witnesses and evidence what is the foundation for an expert witness? |
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Definition
education experience orginazation/ affiliation history of publication (recognized as an expert) |
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Term
witnesses and evidence direct v circumstantial evidence |
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Definition
direct- witness, 5 senses circumstantial- reasonable to come to the conclusion |
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Term
witnesses and evidence what is hearsay? |
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Definition
| a statment made outside of the court that is being brought into court as evidence to proove the truth of the matter |
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Term
witnesses and evidence what are the three r's of evidence? |
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Definition
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Term
| what is a guardian at litem? |
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Definition
at litem- at law for the law/ court appointed for a minor or a person who is not capable of representing themself in court or making sound legal decisions that benifit their personal well being typical for mental heath or disability issues |
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Term
| what is the difference between interrogatory and deposition? |
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Definition
interrogatory- written questions and answers deposition- recorded questions and answers |
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Term
| thorough preperation for testifying includes |
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Definition
review of the case and relevant laws review file bring file to trial pratice run with the attourney for testimony |
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Term
| on the day of a hearing you should |
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Definition
Dress well Show up early Bring all relevant documents stand when the judge enters the room be respectfull and curteous do not curse speak clearly make eye contact |
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Term
| what are three words you should never be afraid to say in court? |
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Definition
i dont know i dont remember |
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Term
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Definition
34 volume s.ct supreme court 256 page |
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Term
| a legal encyclopedia does the following |
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Definition
| summarizes all of the laws by topic |
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Term
| what is the difference between dissenting opinion and majority opinion? |
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Definition
dissenting- given by the judge may over ride the majority majority- given by the majority |
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Term
| the firts ten ammendments in the constitution are called |
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Definition
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Term
| what over reaching umbrella must all statutes and regulations comply with? |
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Definition
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Term
| violation of due process requires deprivation of an intrest in |
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Definition
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Term
| Laws which infringe upon fundamental rights should be invalidated unless they |
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Definition
-use the least restrictive means possible -has to serve a substantial state intrest |
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Term
| who or what does the 14th ammendment protect people from? |
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Definition
life liberty property- due process, = rights = protection under the law, made after slavery was abolished the government |
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Term
| Federal v State jurisdiction |
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Definition
federal- federal questions based on federal statutes state- based on state statutes concurrent- ie rob a post office in ne, posecuted fed or ne, or county and city jurisdition |
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Term
| How many elements of a crime does the prsecution need to prove to meet its burden of proof? |
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Definition
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Term
| What is the difference between the burden of proof and the standard of proof? |
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Definition
the burden of proof is given to the party bringing the case to court, they must proove their case has merit the standard of proof differes according to what type of case is being presented, proponderence of evidence is normal, beyond a reasonable doubt is the highest leverl typical for criminal cases, clear and convincing evidence is an intermediate level quasi criminal hearings, discipline of liscensure ie for social workers |
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Term
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Definition
protection against unreasonable search and seizure Reasonable search and seizure- is there an expectation of privacy? Fruit of the forbidden tree- what ever evidence that is collected illegally can not be used in court * exceptions- inevitable discovery, if the court feels it would have been found otherwise it can be used. right to privacy |
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Term
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Definition
| protection against doubble jeapordy, and self incrimination, & no property can be taken with out just compensation |
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Term
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Definition
right to a speedy & public trial & to confront witnesses in criminal cases the right to council (now has the right to court appointed council) |
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Term
defenses minimum force rule |
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Definition
self defense- you can use the minimum level of force reasonable necessary to prevent harm of self |
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Term
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Definition
not a defense if voluntary although it may reduce your punishment |
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Term
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Definition
| very difficult to establish |
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Term
| two common diversion types |
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Definition
| juvenile court and drug court petty crimes |
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Term
| what are the three instances in which the juvenile courts can intervene in the family? |
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Definition
child commited a crime child has no parrent to care for him or her abuse naglect |
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Term
| What are the exceptions to the juvenile courts exercising exclusive jurisdiction? |
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Definition
traffic violation minor crimes, or serious crimes the closer to 19 the more likely you are to be tried as an adult |
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Term
| what is the difference between deliquency and status offenses? |
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Definition
deliquency-? status- illegal due to age only |
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Term
| what rights do juveniles generally have in deliquency proceedings? |
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Definition
proper notice councilself incrimination cross examination |
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Term
| How many days of school can a minor miss before an action for educational neglect can be brought against the parrent? |
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Definition
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Term
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Definition
Adoption and Safe Families Act |
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Term
| Under ASFA, a motion to terminate parental rights will be filed after how many months of out of home care? |
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Definition
| child in foster care for 15 of most recent 22 months |
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Term
| what is dependency filing |
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Definition
a child under the age of 18 who has been deprived adult care not due to neglect of the adult- ie mom has ms, or parrents can not controll child |
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Term
| in the state of Nebraska who has the authority to file abuse and neglect filings? |
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Definition
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Term
| in Nebraska who has the authority to place a chile in 48 hours custody? |
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Definition
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Term
| to encourage reporting of child abuseand neglect most states do what three things? |
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Definition
mandate reporting people are prosecutied for not reporting protection of reporters/ good sumaritain/ protection of identity if you dont report you can loose professional liscencing or be restricted |
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Term
| Name ways a social worker may be involved in the juvenile court process |
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Definition
report of abuse/ neglect files could be summoned testify as an expert witness interog/depo |
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Term
| Name the five guidelines a social worker should follow when interviewing an alleged child victim |
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Definition
no leading questions accurately record ask clarifying questions have someone else listen document mood and appearance |
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Term
| Identify five controlling behaviors an intimaye partner abuser might use |
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Definition
isolation intimidation verbal abuse head games/crazy making controll of finances |
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Term
| Give five reasons why an abused person might not leave an abusive relationship |
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Definition
family finances fido fear faith |
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Term
| Give five reasons why an abused person might not report abuse |
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Definition
fear of more abuse fear of harm to others by their abuser convinced that they will not be believed and no one will help social stigma love/ fantasy/ dedication doesnt want to terminate- faith |
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Term
| define a vulnerable adult |
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Definition
a person who is elderly disabled incapable fo making appropriate decisions for themselves |
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Term
| Name three bases for a protection order |
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Definition
threat of violence harrassment intimidation |
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Term
| What efforts have been made in nebraska to make the courts more accessable for persons needing protection order? |
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Definition
fill in the blan forms bilingual clerks can help you |
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Term
| what consiquences have been put in place for violation of a protection order? |
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Definition
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Term
| What is the difference between a civil protection order and a criminal no contact order |
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Definition
civil- person requested criminal- court mandated may be a condition of parole, if the violate they go back to jail |
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Term
| What is a social workers responsibility for reporting abuse of a vulnerable adult? |
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Definition
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Term
| what is battered womans syndrome? |
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Definition
| any person who, because of constant and severe domestic violence usually involving physical abuse by a partner, becomes depressed and unable to take any independent action that would allow him or her to escape the abuse. The condition explains why abused people often do not seek assistance from others, fight their abuser, or leave the abusive situation. Sufferers have low self-esteem, and often believe that the abuse is their fault. Such persons usually refuse to press charges against their abuser, and refuse all offers of help, often becoming aggressive or abusive to others who attempt to offer assistance. |
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Term
| what does the anti dumping statue require from health care facilities? |
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Definition
health care facilities cant discriminate, and must treat if it is an emergency |
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Term
| what is the standard of informaed consent? |
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Definition
| person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. The individual needs to be in possession of relevant facts and also of his or her reasoning faculties, such as not being mentally retarded or mentally ill and without an impairment of judgment at the time of consenting. Such impairments might include illness, intoxication, insufficient sleep, and other health problems. |
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Term
| What are the potential consequences of treatment without informed consent? |
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Definition
loss of liscencing liable for malpratice and assult and batter |
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Term
| name three exceptions to the informed consent requirement |
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Definition
intoxication mental illness/retardation clt unable to respond to approve life saving treatment due to being unconscious |
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Term
| what is a substituted judgement test? |
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Definition
if they are incompitetn, the average persons choci is replace |
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Term
| name four exceptions to the rule that minors cannot give informed consent |
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Definition
emancapated emergeny older adults minor things bandaids etc |
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Term
| what constitutional right was determined to have been violated by a connecticut law forbiding a married coupple from using birth controll? |
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Definition
| the right to marital privacy |
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