Section 1
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Exclusive Jurisdiction
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Last updated
6 years ago
Date created
Mar 14, 2020
Cards (162)
Section 1
(50 cards)
Exclusive Jurisdiction
the sole power or authority to act in a certain situation
concur
to act together
Federal jurisdiction
The power of the federal courts to hear a case
Tracy v. Municipal Court
Decide whether indigent defendants charged with possession of less than an ounce of weed are entitled to the assistance of appointed counsel and to trial by jury
deter
to stop, discourage, or prevent a person from performing a certain act.
voluntary act
an unconstitutional act
Blanton v. North Las Vegas
Deals with the issue of the right to jury trials for misdemeanors that carry a sentence of less than 6 months of jail; DUI case
Preemption
A doctrine referring to the right of the federal government to be the exclusive lawmaker in certain areas
rehabilitation
the process of helping a person attain or regain his or her potential as a citizen; may take the form of counseling or therapy
Petition for writ of centiorari
A document filed with the Supreme Court requesting a hearing
Trial
The open-court process where all parties present evidence, question witnesses, and generally put their case before the court
Heath v. Alabama
Murder in one state, disposal in another; Discusses the relationship of the states to on another and to the federal government; Questions is: Whether the Double Jeopardy Clause of the 5th Amendment stops Alabama from trying petitioner for the capital offense of murder during a kidnapping after Georgia has convicted him of murder based on the same homicide
reckless act
an act in which a person is careless or indifferent to the consequences of the action
Diversity of citizenship
A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000
homicide
the taking of the life of a human being by another
negligent act
an act in which a person acts with a substantial and unjustifiable risk
Federalism
The principle under which citizens are regulated by 2 separate governments, federal and state
presumption
An inference in support of a specific fact
Ex Post Facto
"After the fact"; refers to laws that impose criminal responsibility for acts that were not crimes at the time the acts occurred
Appellate jurisdiction
The power of a court to review what happened in a lower court
Jurisdiction
The power of authority to act in a certain situation; the power of a court to hear cases and render judgment
Model Penal Code
A collection of criminal statues; it was created for the states to adopt in whole or in part, and has helped create uniformity in criminal law.
Supremacy clause
The clause in the US Constitution making the Constitution and the laws of the US the supreme law of the land
Corroborate
The support the statements of another
Trier of fact
in a trial, the one who determines the true facts; either a jury or, if a case is tried without a jury, the judge
Clerk's transcript
A record containing copies of documents filed in connection with a court proceeding; prepared by a court clerk
Reporter's Transcript
A verbatim record of the oral proceedings in court; prepared by the court reporter
manslaughter
a lesser crime than murder
incapacitation
the act of restraining a person from taking certain actions
inference
a logical conclusion of a fact that is not supported by direct evidence; a deduction made by a judge or a jury, cased on common sense and the evidence presented in the trial
Texas v. Johnson
Burned the American flag; does he violate the First Amendment about freedom of speech? Why was the Supreme Court reviewing a case to Texas state law?
En banc
A term that describes the entire panel of judges on a court hearing a case
knowing act
an act that is performed consciously or with knowledge
Remand
to send back
purposeful act
an act that is performed willfully or voluntarily.
mens rea
the mental element of a crime; sometimes called the "guilty mind"
retribution
punishment for a crime
rebuttable presumption
An inference that may be rebutted or challenged.
Jury instructions
The directions read to the jury by the judge; they simplify the law applicable to the case
actus reus
the physical element of a crime; the guilty act or the physical aspect of the crime
Magistrate
A judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the powers of a judge
Appellate Brief
A written document containing factual and legal contentions; prepared by attorneys dealing with an appeal in a case
first-degree murder
a homicide that is premeditated, willful, and deliberate
Affirm
To uphold; used to connection with an appeal to uphold the lower court's decision
crime
an act in violation of a criminal statute
Concurrent Jurisdiction
A term that describes situations where more than one entity has the power to regulate or act
Original jurisdiction
The power to first hear a case; court of original jurisdiction is where trial takes place
Reverse
To change
Katzenback vs. McClung
About discrimination against African Americans; Argument says that all people should have the equal right to food. The question addressed is: does Congress have the power to regulate local activities; bar-b-que place on the highway
Bicameral
A term that describes a legislature consisting of 2 houses
Section 2
(50 cards)
investigation
the process of asking questions and locating evidence
self-incrimination
the fifth amendment to the constitution prohibits the government from making a person become a witness against himself or herself.
Mapp v. Ohio
searched without a warrant
information
an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury
bail
an amount of money set by the court, payment of which is a condition of pretrial release from police custody
defense
the explanation of why the person complaining should not prevail in his or her action
indictment
a written accusation given by a grand jury to the court in which it is impaneled; a criminal charge against a defendant that must be proved at trial
Terry v Ohio
safety of others v. right to privacy when felt for a concealed weapon because suspected
due process clause
A clause in the Fifth and Fourteenth Amendments to the U.S. Constitution that protects people from state actions which would deprive them of basic rights
United States v. Falkowski
cultivation and distribution of marijuana
plain-view doctrine
Items are said to be in plain view if an officer has the legal right to be in sight of the evidence; such items are subject to warrantless seizure
hot pursuit
in some instances, law enforcement officers may follow a suspect into an otherwise protected area, such as a residence; when officers are in hot pursuit, they may make warrantless arrests and searches
exclusionary rule
a rule that excludes evidence when it has been acquired in violation of constitutional protections
Breed v. Jones
armed robbery be tried as an adult or not
battery
a reckless or intentional, harmful or offensive touching of another; it is both a crime and a tort
Katz v. US
4th amendment "protects people, not places" electronic eavesdropping could violate this
punitive damages
damages meant to punish
tort
a noncontractual civil wrong
interrogation
The process used by law enforcement officers to elicit information from a criminal suspect
warrant
a written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person
probable cause
Probable cause exists when an officer has a reasonable basis for the belief that a person should be searched or arrested
tortfeasor
one who commits a tort
grand jury
A JURY THAT IS CALLED UPON TO RECIEVE AND REVIEW ACCUSATIONS AND COMPLAINTS IN CRIMINAL MATTERS; THIS JURY WILL HEAR EVIDENCE AND ISSUE INDICTMENTS
Schweinle v. Texas
guilty of aggravated kidnapping
exemplary damages
another term for punitive damages
Roy v. Gomez
two counts of robbery and two counts of 1st degree murder
bill of particulars
a device used to provide a defendant with a statement of the facts enumerating the specific acts charged
Miranda v. Arizona
Interrogation
burglary
the unlawful entry of a structure or building for the purpose of committing a felony inside
nolo contendere
a criminal plea that means "I will not contest it." This plea means that the defendant does not deny or admit the charge
workers' compensation
Laws at apply to those who are injured at work
false imprisonment
the intentional interference with another person's liberty through force or threat without authority
In re Gault
police arrested juvenile for making obscene phone calls
second-degree murder
a homicide that involves an impulsive act, rather than a premeditated act
delinquent
a minor, as defined by law, who violated a criminal law
cause of action
the basis upon which a lawsuit may be brought to the court
hearsay
An out-of-court statement offered in evidence to prove the truth of the matter asserted
felony
a serious crime; includes murder, robbery, burglary and arson; a crime designated as a felony is punishable by death or imprisonment for more than one year
incorporation
When two ideas are incorporated, they become one concept
preliminary hearing
a defendant's second appearance before the court; the purpose is to establish that probable cause exists
arrest
the physical seizure of a person by the government
exigent circumstances
an emergency that requires immediate action; such situations do not allow time for law enforcement officers to obtain a search or arrest warrant
booking
the process after arrest when the police have entered formal charges against a defendant
confession
a voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge
kidnapping
the unlawful taking, confinement, and carrying away of another person, by threat, force, fraud, or deception
assault
the placing of another in apprehension or fear of an imminent battery; it is both a crime and a tort
arraignment
a hearing where the criminal defendant comes before the court to enter a plea; it is a hearing in open court where the information and/or indictment are read and the defendant is asked to plead
affidavit
a non-oral statement of facts that is confirmed by affirmation or oath of the person making the statement
initial appearance
the first court appearance of a criminal defendant after the arrest
plea
the criminal defendant's response to the charge against him or her
Section 3
(50 cards)
community property
property owned jointly by married persons; not all states recognize community property
assignee
the person to whom a transfer or assignment is made
real property
land, including anything affixed to the land or growing upon the land
vicarious liability
liability for the acts of another
specific performance
a court order requiring one party to fulfill his or her obligations under a contract
assignor
the person who makes a transfer or assignment of rights under a contract
consortium
companionship, comfort, and society given by one spouse to another
quasi contract
a contract imposed by law; a transaction that will be treated as a valid contract even though one or more elements may be missing, because it is the equitable thing to do
ultrahazardous activity
a dangerous activity; one who engages in an ultrahazardous activity is strictly liable to those who may be injured as a result
general damages
damages not based on a monetary loss; includes items such as pain and suffering
shopkeepers' privilege
the right of a merchant to make reasonable detention of a patron where there is probable cause to believe that shoplifting has occurred
contingent fee
a fee based on a fixed percentage of whatever amount is recovered by the attorney on behalf of the client
product liability
liability of manufacturers and distributors for defective products that cause injury
bilateral contract
a contract in which both parties have made promises to perform
joint tenancy
Co-ownership of property characterized by a right of survivorship
res ipsa loquitur
"the thing speaks for itself"; negligence is implied from the fact that the incident happened
free simple
outright ownership of land
life estate
the right to use real property for the term of someone's life
intellectual property
property rights in the result of one's thoughts, ideas, or inventions; includes patents, copyrights, and trademarks
comparative negligence
a doctrine that compares the negligence of the plaintiff and the defendant and allows recovery based on apportionment of fault
last clear chance
a doctrine that prevents the harsh result that follows from the doctrine of contributory negligence; if a negligent defendant had the last opportunity to avoid an accident, the contributory negligence of the plaintiff will not be a bar to recovery
infringement
improper interference in the intellectual property rights of another
attractive nuisance
a condition on land that appeals to children; a doctrine that requires homeowners to use reasonable care to avoid injury to trespassing children
Uniform Commercial Code
A uniform set of laws dealing with contracts for the sale of goods; adopted by most states
slander per se
a statement that on its face is defamatory
malpractice
professional negligence
peculiar risk doctrine
a doctrine that makes an employer liable for the acts of an independent contractor when the independent contractor has been engaged to perform a nondelegable duty
intentional tort
a tort that is willful and meant to cause harm
tenants in common
a term that describe co-ownership of property carrying no right of survivorship
restitution
to make restitution is to return consideration that was given
disparagement
another term for the business torts of slander of title and trade libel
grant deed
a type of deed used in some states that implies certain representations regarding title
breach of contract
the failure of one party to a contract to perform his or her contract
assignment
the transfer of one's rights under a contract
respondeat superior
the responsibility of an employer for torts of employees that are committed in the course and scope of employment
negligence
a tort; failure to act as a reasonably prudent person would act under the same or similar circumstances
special damages
out-of-pocket losses
delegation
the transfer of obligations under a contract
arbitration
an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute
deed
a document that evidenced title to real property; it is also used to convey property
rescind
to undo a contract, usually when the contract is voidable
parol evidence rule
a rule of contract law stating that when parties have put their agreement in writing, evidence of prior of contemporaneous statements regarding the agreement are not admissible of a dispute arises and the parties go to trial
independent contractor
one who does work for another but who is not subject to control of the one who has hired him or her
Statute of Frauds
a law based on English common law requiring certain types of contracts to be evidenced by a writing
warranty deed
a type of deed used in some states that implies certain representations regarding title
strict liability
liability without fault
negligence per se
negligence that is presumed because the tortfeasor has violated a statute
contributory negligence
negligence of a plaintiff that contributes to the injury; a doctrine that is a defense to negligence
assumption of the risk
knowingly and voluntarily assuming a risk; a defense to negligence
integration clause
a clause in a contract that indicates that the contract is meant to embody all of the terms of the parties' agreement
Section 4
(12 cards)