Section 1

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Federal vs State

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Last updated

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Date created

Mar 1, 2020

Cards (24)

Section 1

(24 cards)

Federal vs State

Front

Federal law consists of the U.S. Constitution State law consists of state constitution

Back

Definition of Law

Front

adopted by a legislative body, usually signed by the top person in the executive branch

Back

The use and purpose of precedent

Front

Precedent is used to guide the decision, provides fairness in the law

Back

A notification of this decision was mailed to Ford. What constitutional issues does this case raise?

Front

Adjudicating Ford's responsibility without a chance for Ford to argue its side of the story violates procedural due process

Back

Civil procedure

Front

File complaint, Clerk issues a summons, The pleadings are gathered

Back

Subject matter jurisdiction

Front

determines which types of cases a court can hear

Back

Common law vs. statutory law

Front

Common law- law that has been developed on the basis of preceding rulings by judges Statutory law- written laws passed by legislature and government

Back

Obtains an injunction

Front

An order to do or to refrain from doing a particular act

Back

Types of Remedies

Front

Compensatory damages-a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere Restitution- they tell the person that breached the contract to pay the other person back Liquidated damages- These are damages that the parties agree to pay in the event a contract is breached.

Back

In rem jurisdiction

Front

Power of a court to declare rights against the world rather than solely against the named defendant

Back

Civil vs Criminal

Front

Civil law is the branch of law dealing with individual rights/duties and their enforcement Criminal law is the branch of law dealing with crimes and their punishment

Back

Substantive vs Procedural

Front

Substantive law are general principles that define legal rights and duties Procedural law are general principles that define the methods of administering substantive law

Back

Public vs Private

Front

Public is the body of law directly concerned with public rights and obligations Private is the body of law regulating the rights and duties that exist between private persons/corporations

Back

1st amendment Limits on this amendment

Front

Freedom of speech and religion Constitution does not shield from civil lawsuits from things that exhort people to take the law into their own hands

Back

Plaintiff

Front

Person bringing lawsuit

Back

14th Amendment

Front

No state shall make/enforce any law which denies to any person the equal protection of the laws

Back

Appellee

Front

Original winner in trial court

Back

Types of courts

Front

Trial court- initial court that hears evidence and applies the law to decide facts Kangaroo court- Farce trial County/District court, State court, Appellate court, Federal court

Back

difference between mandatory and permissive precedents

Front

Mandatory precedent- A judge must follow the decision of a higher court in the same court system Permissive precedent- A judge may follow the decision of any other court

Back

Personal jurisdiction

Front

State has power over you where you committed crime

Back

Domestic vs International

Front

International is the branch of law governing relations between and among sovereign nations Domestic is the law of a country

Back

5th amendment Limit on this amendment

Front

right to due process (to not talk to police) An undercover officer posing as an inmate has no obligation to warn an incarcerated suspect of any constitutional rights before asking questions

Back

Who makes federal and State laws and how do they make law

Front

Federal laws are made by the U.S. Congress State laws are made by the House of Delegates and the State Senate

Back

Appellant

Front

Appeals a decision

Back