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U.S. Legal Systems Flashcards

U.S. Legal Systems Flashcards
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Procedural Law
This aspect of the law focuses on the steps that must be followed to process a court case. It follows due process.
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Substantive Law
Laws that are created by legislature to describe rights, responsibilities and crimes. It can deal with civil law, such as torts, wills, contracts and real property.
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Differences in state courts
While these courts have a basic system guiding the process for trials, appeals and judicial review, they are also allowed to perform specific operations in different ways.
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Succession Law
The law process involved in transferring an estate is handled by these part of private law.
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Administrative Law
This sector of public law regulates different agencies run by the government, such as the Department of Education and the Equal Employment Opportunity Division.
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Types of Public Laws
Administrative Law // Constitutional Law // Criminal Law // Municipal Law // International Law
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Public Law
Laws designed to handle problems that impact a large portion of society. Criminal acts, such as theft from a business, are covered by this area of law.
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Criminal Law
A type of public law that deals specifically with crime
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Tort Law
Private law that focuses on obligations, remedies and rights when there is wrongdoing between citizens, such as physical abuse. Usually resolved with a monetary settlement.
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Examples of Private Law

Succession Law
Family Law
Property Law
Tort Law
Contract Law

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Private Law
Area of the law allowing citizens to resolve disputes among themselves. If a neighbor decides to sue you because you make too much noise at home, it would fall under this type of law.
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Getting to the Supreme Court
To get a court case to this judicial level you must file a writ of certiorari and have evidence that the prior judgment of the court violated constitutional law. It is not a guaranteed right.
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Writ of Certiorari
This serves a request for the Supreme Court to review a court case and must be filed by the losing party.
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Length of U.S. Supreme Court Justice Appointment
These judges serve for the rest of their lives, or until they retire, resign or are impeached.
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Number of Justices on the U.S. Supreme Court
There are nine of these judges. There are eight associate justices and only one chief justice.
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Long Arm Statute
This can give a state the right to exercise jurisdiction over a defendant from out-of-state if certain conditions are met. This statute was used in the International Shoe v. Washington case.
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Venue
This term refers to the physical location where both civil and criminal court cases are carried out.
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Civil causes of legal action
A civil law case that's initiated by a plaintiff, has a preponderance of evidence as the burden of proof and can involve damages as a legal remedy
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Criminal causes of legal action
Occurs when an individual breaks a law set up by the government. For a legal remedy, the government prosecutes the individual and prescribes a penalty, such as incarceration.
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38 cards in set

Flashcard Content Overview

These flashcards were set up to help you review the functions of U.S. District Courts, the U.S. Circuit Court of Appeals and the U.S. Supreme Court. You'll find cards that cover administrative, constitutional, criminal, municipal, international, succession, family, property, tort and contract law. Differences between civil and criminal law will be reviewed. Additionally, you'll go over the importance of the Fifth, Ninth and Fourteenth Amendments to the Constitution.

Front
Back
Criminal causes of legal action
Occurs when an individual breaks a law set up by the government. For a legal remedy, the government prosecutes the individual and prescribes a penalty, such as incarceration.
Civil causes of legal action
A civil law case that's initiated by a plaintiff, has a preponderance of evidence as the burden of proof and can involve damages as a legal remedy
Venue
This term refers to the physical location where both civil and criminal court cases are carried out.
Long Arm Statute
This can give a state the right to exercise jurisdiction over a defendant from out-of-state if certain conditions are met. This statute was used in the International Shoe v. Washington case.
Number of Justices on the U.S. Supreme Court
There are nine of these judges. There are eight associate justices and only one chief justice.
Length of U.S. Supreme Court Justice Appointment
These judges serve for the rest of their lives, or until they retire, resign or are impeached.
Writ of Certiorari
This serves a request for the Supreme Court to review a court case and must be filed by the losing party.
Getting to the Supreme Court
To get a court case to this judicial level you must file a writ of certiorari and have evidence that the prior judgment of the court violated constitutional law. It is not a guaranteed right.
Private Law
Area of the law allowing citizens to resolve disputes among themselves. If a neighbor decides to sue you because you make too much noise at home, it would fall under this type of law.
Examples of Private Law

Succession Law
Family Law
Property Law
Tort Law
Contract Law

Tort Law
Private law that focuses on obligations, remedies and rights when there is wrongdoing between citizens, such as physical abuse. Usually resolved with a monetary settlement.
Criminal Law
A type of public law that deals specifically with crime
Public Law
Laws designed to handle problems that impact a large portion of society. Criminal acts, such as theft from a business, are covered by this area of law.
Types of Public Laws
Administrative Law // Constitutional Law // Criminal Law // Municipal Law // International Law
Administrative Law
This sector of public law regulates different agencies run by the government, such as the Department of Education and the Equal Employment Opportunity Division.
Succession Law
The law process involved in transferring an estate is handled by these part of private law.
Differences in state courts
While these courts have a basic system guiding the process for trials, appeals and judicial review, they are also allowed to perform specific operations in different ways.
Substantive Law
Laws that are created by legislature to describe rights, responsibilities and crimes. It can deal with civil law, such as torts, wills, contracts and real property.
Procedural Law
This aspect of the law focuses on the steps that must be followed to process a court case. It follows due process.
U.S. District Court
This level of federal court has the ability to hear both criminal and civil cases, but lacks appellate jurisdiction. Every state has at least one of these courts.
U.S. Circuit Court of Appeals
Courts at this level feature panels of three judges who review both civil and criminal rulings from the U.S. District Court. 13 of these courts exist in the U.S.
Trial Court
This is the first court that will hear a case. It handles both civil and criminal cases and is based on jurisdiction.
Jurisdiction
The power held by a court that gives it the right to carry out a trial. It can be based on the individual being tried, the subject of the case or the specific judgment being sought.
Appellate Court
A court that looks at decisions made by lower courts. It involves reviewing evidence and then agreeing with or rescinding the decision of the lower court.
The Supreme Court
Reaching this court is the final step in the appeal process. It doesn't hear every appeal, only those dealing with constitutional rights, interpreting the law or matters of great importance.
Original Jurisdiction
Type of jurisdiction used by the first court to hear a case. It doesn't apply to appeals. The Supreme Court uses this type of jurisdiction when hearing disagreements between states.
Similarities in the 5th and 14th Amendments
Both of these amendments guarantee the rights to life, liberty and property.
9th Amendment
This constitutional amendment says that citizens can retain rights even if they're not specifically laid out in the Constitution, such as the right to dance or pick your own job.
Griswold v. Connecticut (1965)
This court case involving contraception invoked the 9th Amendment to argue that husbands and wives, in addition to patients and doctors, have a right to privacy.
Due Process Clause
This 5th Amendment clause assures fair and reasonable court proceedings and is used to uphold the rights individuals have to life, liberty or the pursuit of happiness.
Miranda Rights
These rights, read to a person when arrested, were designed to protect citizens from incriminating themselves.
Rule of Law
This ensures that laws can't be created if they are unfair, if they violate a higher law or exist outside of the law. This rule also says that no person or government entity is above the law.
Dangers of vague statutes
Statutes with this characteristic might result in reasonable people performing illegal actions because they weren't aware of the possible crime.
Separate Cause of Action
Each individual act considered in a lawsuit is one of these.
Interrogatories
A way to gather information for a lawsuit. This method involves providing written responses to questions.
Depositions
This method for obtaining information for a lawsuit involves oral arguments.
Moot Case
Occurs when someone thinks he or she was wronged at some point in the past, but the person's case has no merit at the present time
Ripeness Doctrine
When looking at this doctrine, courts consider whether or not a case is controversial enough to be heard.

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