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Definition
U.S. Constitution
Statutes
Administrative Rules and Regulations
Common Law
Note: Supremacy clause basically sums this up |
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Definition
Law of the Land
Delineates Powers (branches and also federal-state relations)
Supreme court decides if a law/action is in agreement with it |
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| Administrative Rules and Regulations |
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Definition
Delegated authority
Based on authorizing statute
Keep up with new laws; ignorance is not an excuse |
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Term
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Definition
Case law (criminal law, civil aka tort law)
Precedence (stare decisis)
Mostly from appeals court |
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Term
| Stare decisis & exception |
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Definition
Let the decision stand
Exception: Plessy v. Ferguson -> Brown v. Board of Education |
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Term
| U.S. Constitution Amendment VI |
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Definition
Right to a PUBLIC, SPEEDY trial
Public = less shady
Speedy = within 45 days -> prevents people from sitting in jail, witnesses still have a fresh memory. Right is often waived so people can prepare
Impartial jury
Informed nature and cause of accusation
Confront witnesses
Assistence of counsel |
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Term
| U.S. Constitution Amendment IV |
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Definition
| No warrants without probably cause |
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| U.S. Constitution Amendment V |
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Definition
Grand jury indictment
No double jeopardy
No self-incrimination |
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Term
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Definition
Supreme court
Appeals court
Trial court |
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Term
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Definition
| Did the judge do a good job? |
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Definition
Prosecution v. Defense
Assess facts to find "truth" |
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Definition
Reversible error
Harmless error
Affirm
Modify
Remand |
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Term
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Definition
Demurer
Summary judgement
Directed verdict
Summary not withstanding the verdict |
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Term
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Definition
No cause of action
Judge thinks it's ridiculous |
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Term
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Definition
Before trial begins
Decision of "not guilty" is determined by a summary of the defense and prosecution |
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Term
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Definition
After paintiff's case or trial
Summary of defense after trial, and then they request a summary verdict from the judge |
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Term
| Summary not withstanding the verdict |
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Definition
| Judge doesn't agree with a jury's decision |
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Term
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Definition
Beyond a reasonable doubt (>90%)
Clear and convincing Evidence (not for ciminal cases. used for civil cases: civil commitment, parental rights, deportation), (70-80%)
Preponderance of Evidence (>50%), (exculsively monetary consequences), (grand jury indictment)
Probably cause: (<50%), (reasonable amount of suspicion to justify belief that certain facts are probably true), (standard for arrest / warrants)
Reaspm to Believe (protects people) |
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Term
| Adjudicative process - types |
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Definition
Criminal
Civil
Adminstrative |
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Term
| Stages of Criminal Prosecution |
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Definition
Detention
Arrest
Booking
Initial Hearing
Defensive Motion and Discovery
Prima Facie Showing
Araignment
Trial
Disposition
Appeal, collateral attach, or dispositional review |
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Definition
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Only need one charge
More can come up later
Grand jury indictment |
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Definition
| Proescutor's presentation to the judge / grand jury to say they have a case |
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Term
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Definition
Accused is informed by the court of accusations
Accused makes a plea (>90%)
Accustations can be far more than what the original arrest was for
Competency
Address bail (cash or certified check)
24-72 hours |
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Term
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Definition
Jury's decision
Prosecutor has burden of proof |
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Definition
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Definition
| Facts say you're guilty, but the legal system wasn't fair |
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Definition
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| Defensive motions and discovery |
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Definition
Request for exclupatory information (exhibits, witness statements)
Prosecutorial reciprocity |
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Term
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Definition
Not gulty
Guilty (plea bargain?)
Nolo Contend Ere
NGRI |
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Term
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Definition
Caption = title of case
Case Citation = name of the court, law book where published, year in which the case was decided
Case content = facts and majority opinion and concurring/dissenting opinions |
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