racial discrimination

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what is race?: family, tribe, or nation belonging to the same stock (background)
what is segregation?: to seperate or set apart from others
what is de jure segregation?: enforced by law, intention is present
what is de- facto segregation?: -segregation in reality
- may be a voluntary situation (may not have meant to, but that was how it is/reality)
what is discrimination?: -to make a difference in treatment or favor on a basis other than individual merit (grouping)
-acting upon that mental picture from the sterotype
what is a streotype?: -you have a mental picture held concerning members of a group that represents an oversimplified opinion
-lacks critical judgement
what is desegregation?: breaking down the barriers of segregation
what are the 2 types of segregation?: de-facto and de- jure
what is the definition of prejudice?: a formed opinion with out a basis
what is integration?: bringing together as equals
is it possible to to desegregate with out integration?: yes
what is the definition of "racist"?: -thinking that your race is superior to someone elses
(racial differences produce an inherent superiority of a particular race)
what is the definition of "law"?: rules and regulations that governs ones conduct within a society
what are the 3 branches in the U.S. and what are their functions?: -executive..enforces the law
-legislative..makes the law
-judicial..interprets the law
what is the highest court in the U.S?: supreme court
how many articles were in the original u.s. constitution?: 7
how is the u.s constitution set up?: set into articles
what is the purpose of the u.s. constution?: -set up government
-state the purpose of each branch
laws that are written/ codified by the legislative branch are called what?: stautory laws
this branch is said to also be able to make laws. which branch is it and under what conditions?: judicial branch .... if they do not agree with the legislative law that was passed they can revise it, therefore "making" the new law
what is a case law?: where the judicial branch does not agree with the legislative law and therefore revises it and is said to have made the "new" law.
what is a common law?: custom/ tradition. "it has alway's been done that way and we will continue to do the custom/ tradition law
under which type of law do "contracts" take place?: common law
it is said that you generally have what first before laws follow?: conduct (somebody does something to you, then there is a law about it)
what are the 3 types of laws and which one normally comes first?: .common- this one is normally first
.case
.statutory
in what year was the u.s. constituion created?: 1782
what is the supreme law of the land and what kind of law is it an example of?: u.s. constitution...statutory law
congress is set up into what two parts? what branch is congress under?: -it is set up into house of reps. and the senate
-it is under legislative
supreme court is under which branch?: judicial branch
which branch is the president, v.president, and cabinet under: executive branch
which branch also has the duty of making sure that no one branch gets to much power? what concept helps enforce that idea?: executive branch---checks and balances
judicially, what are the 2 sytems that we have today?: federal and state
what is the structure of the federal system set up? by whom?: set up into 3 levels....by th eu.s. constitution
what are the 3 levels under the federal system?: -u.s. supreme court
-u.s. court of appeals
-u.s. district court
under which court is it considerd trial level in which you have a judge and a jury?: u.s. district court
what type of cases are presented under the federal system: civil and criminal case
in a civil case under the u.s district court the two parties are called?: -the plaintiff (files complaint)
-defendent
in a criminal case under the u.s district court the two parties are called?: -prosecution (files complaint)
-defendent
which symbol indetifies the plaintiff or the prsecutor? defendent?: plaintiff or prosector- pie
defendent- triangle
what is the structure of the state system?: judicial structure varies from state to state...but must have the bare minimum of 2 levels of court
even though they can have more, what are the 2 levels of court that states are required to have?: trial and appellate
does a states law have jurisdiction (effect)over another state?: no
true/false the name of the state courts (trial/appelate) are generally the same for each state: false
who governs the state sytem? federal?: -states govern themselves
-u/s. constitution governs federal
why are there branches?: so no one branch has more power than the other....that's why we hve checks and balances
what is the purpose of a trial level court? what parties are involved?: -to allow the parties their day in court
-defendent and plaintiff
what is the difference between a criminal case and a civil case? give an example.: ~criminal- protects intrest of society (sending someone to jail).. ex)state of calif. vs. john jones

~civil- protects intrest of individual(outcomes include money)..ex)mary smith vs.john jones
true/false out of one incident, more than one lawsuit can be presented: true
why do people/ parties end up settling?: -money
-risk(judge/jury may not agree)
-time
this is different in a criminal case than in a civil. it would be greater in a crminal case b/c of the penalties and what is at state: burden of proof
burden of proof has to be beyond a reasonable doubt for which level?: criminal level
at the civil level, the burden of proof must be...?: by a preponderance (superiority in weight) of the evidence
a title of a case is also know as what?: caption
if the scale is even in a criminal case between the two parties...which side would win? why?: defendent...the prosecutor didn't show the burden of proof (beyond a reasonable doubt)
if you are in the federal system...which court would you file your case in?: u.s. district court
what are the two ways to get into the federal juurisdiction (sysytem)?: -federal question(concerns u.s. constitution)
-diversity of citizenship (~2 parties can't be from the same state and has to be a claim over $75,000)
where is the record made?: at the original jurisdiction/ trial level court
out of one incident, why can there be more than one lawsuit?: b/c the intrest's that are being presented or protected are different.
the title or caption of cases must alway's be what?: underlined
bold
or
italizied
give an example of a federal case caption...pretending that is underlined give an example of a state case: federal- USA vs. john jones
state- state vs. john jones
what are the 2 types of trials?: jury and non- jury trial
a non- jury trial is also called what?: judge trial or bench trial
jury or non-jury? ~the judge is the finder of law and fact: non jury
in a jury trial who is the finder of law? finder of facr?: law- judge
fact- jury
what is an example of finding "fact"..."law": fact- credibility
law- if certain evidence should be dismissed or not
what is the benefit of the two parties settling?: they have control
the idea that if one party is not satisfied, they can seek another trial, is called what?: an appeal
how many circuit courts are there in the whole U.S. for the court of appeals? district court? supreme court?: court of appeals- 13
district court-94
supreme court- 1
what are the 3 NO's when a case reaches the appalete level?: No new evidence
No witneses
No testimony
what is the purpose of the appalete court?: reviews what happened at trial level (records)
what are the 3 risks or things that an appellate court can do?: affirm (agree)
reverse (disagree)
remand (send it back down)
what are the two reasons that a case may be remanded?: 1. clarification (wasn't clear what district judge wrote/said)
2. for after discovered (new evidence or witness brought forth...since no new evidence can be presented at appellate level)
what are briefs?: persuasive reports filled by each side trying to convince the court to rule in your favor
at the appellate level, what are the 2 things that they can request?: *an oral argument (attorney's appear before court and respond to questions asked by the court)

*more info.
at the appellate level the two parties are called what?: *appellant- (dissatisfied party that filed complaint)
*appelle- (the party whom the appeal has been filed)
the legal form filled by the appelant is called what?: writ of certurari...(may say "supreme court please hear my appeal"
petitionary vs. respondant is used for which court?: all of the courts
in which court is discretionary appeal of importance?: supreme court... they have to have national importance/ they decide if they will take that case or not)

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