Questions and Correct Answers.
Law comes from _______ - Answer British Common Law system
Marbury V. Madison - Answer Establish Judicial Review, stated the judicial branch has
ultimate authority
Double Jeopardy - Answer You can NOT be tried by twice in the same court for the same
crime
You CAN be tried by two different courts for same crime
Fundamental Freedoms - Answer Anything in the Bill of Rights
Due Process - Guaranty of court
Equal Protection - Everyone treated the same way. Must justify why treating people differently.
health safety and welfare of citizens in mind
Burdens of Proof:
Criminal
Civil - Answer Criminal - Beyond a reasonable doubt
- Jury must be 95% sure the defendant is
Civil - By preponderance of the evidence
- Jury must be at least 51%
Precedent (________) - Answer Stare Decisis
Judge required to follow prior decisions of higher judges in their jurisdiction
- do not look to precedent established by their own court or lower
- They only look to their jurisdiction
Contingency Fee Lawyer - Answer Lawyer is paid upon winning a case. Only possible if you
are seeking a degree of monetary recovery (suing)
, - Cannot purge jury on basis of race
State System (in order) - Answer - Trial Court
- Appellate/Court of Appeals
- Supreme Court (Highest state)
Federal System - Answer - District Court/US Trials Court
- US Circuit Appellate/US Circuit Court of Appeals
- US Supreme Court (Highest federal)
Internet Cases Jurisdiction - Answer Resolved by forum selection clause
Personal Jurisdiction - Answer May be tried in state you live in or have minimum contact in
another state
Federal Court Subjection matter jurisdiction - Answer ●USA in question cases (Always in
federal court)
●Federal question cases permissibly heard in federal court (not always in federal court)
●Diversity of state citizenship only if $75,000 or more is involved (not always in federal court)
Complaint - Answer Case being by filing document out
Service of Process - Answer Defendant is notified of the lawsiut
Discovery - Answer Prepare for trial
Deposition - Answer Interrogation of someone you expect to testify. Not in court room.
Summary Judgemnet - Answer Before Trial. Judge determines one side is entitled to win as a
matter of law
Directive Verdict - Answer During Trial. One sid eof case does not provide enough evidence