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Complete gov study guide

Terms

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What is a precedent?
A decision based from something from the past
Who was the first African American on the court?
Thurgood Marshall
What is a defendant?
the person being sued
What is the punishment for a felony?
More than a year in prison or the death penalty
What type of people are involed with family law?
relatives
Who is the current chief justice?
John Roberts (early 50s)
What is the biggest influence on our law?
English Law
Who created Roman Law?
many different people
What is joint custody?
when both parents are legally responsible for the child's decisions
What is an ambassador?
someone from another country to represent that country in the US
What is original jurisdiction?
the 1st place to hear a case
Did he deny this claim?
YES
What is a contract?
When 2 people or more agree to do something
Define Rule of Four.
if 4/9 justices want to take a case, it goes before the court
What are some reasons for divorce?
drug addict, drunkie, abusive, adultery, criminal, don't get along anymore
What are civil cases?
Lawsuits
What is a discuss list?
a list of possible cases the court would listen to
When does the Supreme Court term begin?
the first Monday in October
What is an example of amicus curiae?
case involving abortion would have their amicus curiae be an association for Women's rights
What are two kinds of contracts?
Written or implied
What happens if the person involved in the contract is underage?
a parent/guardian can sign for them and be responsible until they become of legal age
Who claimed to have been sexually harrassed by Clarence Thomas?
Anita Hill
Give an example of a statue?
Congress makes laws for the United States
Who chooses the judges?
The president chooses with Senate approval
What are examples of felonies?
Murder, drugs, rape
What is a prosecutor?
a government lawyer who presents the case to the jury
What is a tort?
any wrongful action, other than a contract, for which teh injured party has a right to sue
What can the person do if they dont like the decision of the appeals court?
they can appeal to the Supreme court
What types of cases does the federal court deals with?
cases involving state laws
What is a contingency basis?
when a lawyer gets paid a percentage of the damages (1/5-1/2 of the money won
What is Civil Law?
a dispute between 2 or more people
What types of cases does the Supreme Court mostly take?
apellate jurisdiction
How old was Clarence when he was hired?
In his 40s
Where were the rules brought by?
brought to Hebrew by Moses
When was the Code of Hammurabi made?
1760 B.C.
What is a petit offense?
small little crimes
What does family law deal with?
marriage/divorce and the custody of the children
Who is the 2nd African American and only black on the court now?
Clarence Thomas
What did criminal law say?
Dont murder, dont steal
How can a lawyer be paid?
1. hourly 2. contingency basis 3. Out of court settlement
What are judges like in a regular [original jurisdiction] court case?
They are neutral; not on either side. Makes sure that the laws are applied properly.
What do they decide at appeals courts?
if they had a fair trial before.
How many do they choose?
Only a few
Who is the only woman on the court now and is the 2nd woman ever on the court?
Ruth Bader Ginsburg
What is an example of a petit offense?
If someone parks in a handicapped parking space.
What is adultery?
When somone cheats on their spouse
What types of cases does the federal court deals with?
1. cases involving national laws, the U.S. Constitution, and treaties with other nations 2. cases involving waterways, navigation, commerce, and shipping 3. bankruptcy cases 4. ambassador and foreign citizens
What is jurisdiction?
the ability to hear a case, review it, and pass judgement on it
Which type of cases does the Supreme Court usually take?
usually ones of national importance
Could a lawyer be paid on a contingency basis in a criminal case? explain.
No, a lawyer cant be paid on a contingency basis in a criminal case because a contingency basis is the percentage of the money won on damges, and in criminal cases there are no damages
What do pre-nuptials usually have to deal with?
usually money
Who made the Code of Hammurabi?
King Hammurabi of Babylonia
What are 2 ways it is decided to whether the mother or the father gets the child?
the court can decide or they give the child the option
What is an example of a state that would have more than one district court?
California --> 4 because it has a bigger population
How many judges preside over the federal courts?
550
What is an implied contract?
it's an unofficial contract because it is expected
Why would the judge punish you in a civil case?
for bringing silly charges
What kind of cases does the Supreme court take?
original and appellate jurisdiction
HOw long does the court listen to oral arguments?
For 2 weeks
Who made the Napoleonic Code?
Napoleon Bonaparte
What is a common law?
Comes out of court cases or judge decisions
How many justices are on the Supreme court?
9 justices
What is manslaughter?
killing someone accidently by doing something carelessly
When was Roman Law made?
450 B.C.
Who now lives under some form of Roman Law?
most of the world
Are there visitation rights for either custodies?
YES
How many judges are on each case in at an appellate court?
3 judges, with no jury
What are two types of torts?
Intentional tort and negligent tort
About how many cases are presented?
about 10,000
How are the justices divided between associate and chief justices?
8 associate justices and 1 chief justice
What is appellate jurisdiction?
the ability to hear a case that has laready been tried at a lower court
Who was the 1st woman on the court?
Sandra Day O'Conner
What is concurrent jurisdiction?
When both systems have jurisdiction
What is clubbed?
When someone hits you till you die
What is a retraining order?
an injunction that keeps someone away
When was the 10 Commandments made?
1200 B.C.
How many court systems do we run in our country?
2 at the same time
What is a plaintiff?
the person that is suing
What is the oldest law?
The Code of Hammurabi
What is a defendant?
The person accused of a crime
What is a misdemeanor?
a serious crim
Who did Clarence replace?
Thurgood Marshall
What is a public defender?
a government paid lawyer for their defendant
How many federal district courts are there in the U.S?
94
When was the Code of Justinian created?
533 A.D.
What is an out of court settlement?
when they agree to settle the case without a jury reaching a decision
How many district courts are in each state?
at least 1; there could be more though depending on the population
What is sole custody?
when one parent is legally responsible for the child's decissions
When did she retire?
recently
Did the Code of Hammurabi have harsh laws?
YES
When was the Napoleonic Code made?
1800 A.D.; about 1200 years after the Code of Justinian
What is the validity of contracts? (3)
1. person must not be insane 2. must be of legal age (most states --> 18 years or older) 3. someone has to offer something, someone has to accept the offer, and someone must consider something. (something exchanged)
How long does the Supreme Court term run for?
approximately 9 months
What is a written contract?
a written down agreement that people sign. is better than implied becasue it is proof
What is premeditated murder?
planned out killing
Define curiam.
A short, unsigned statement of the Supreme Court's decision
What is a felony?
A LARGE crime
Why is it hard for the judge to decide?
because it is about emotions like hurt, love, and hate; the parents fight over the children
How many laws were in the Code of Hammurabi?
282 laws
What is the Supreme Court's nicknames?
Court of Last Resort, Marble Palace
After listening to the oral arguments, how long does the Supreme Court take time to research, work on paperwork, and make decisions privately?
For 2 weeks as well.
Where is Babylonia?
In Mesopotamia in the Middle East, near Turkey and Iran
Were the Roman Laws harsh?
YES
What are some reasons to why they wouldnt want to hire him?
Inexperienced, will have to serve for a long time, and had an ok rating
What is the highest court in the US?
the Supreme Court
What is the punishment for a misdemeanor?
Prison for atleast a year.
What was the English legislature group called?
Parliament
Give an example of the laws in the Code of Hammurabi.
An eye for an eye.
What is a bankfuptcy case?
when someone spends so much money that they need help
What is an injunction?
a court order prohibiting an action
What is the Code of Justinian?
When Justinian took all the Roman Laws and simplified them; He made them easier for everyone to understand
How long do these judges have their jobs?
for as long as they want
What happens in the case of a tie at the Supreme Court level?
The lower court ruling will stand
Define oral arguments.
When each side has 30 minutes but can be interrupted by the justices (clarifies what is in the brief)
Why do we as a society have written down laws?
To have order and make the community civilized
What are 2 types of damages?
1. When the plaintiff wants money 2. The loss or injury that the plaintiff has experienced
Who decides what goes on the discuss list?
Chief Justice
How did Anita Hill know Clarence?
She worked for him at a job that prevented secual harrasment
What is a statue?
a law made by a legislative group
How many appeals courts are there?
thirteen courts
Does the 10 Commandments influence current laws?
YES
What are some examples of the 10 Commandments?
Honor your parents, dont murder, dont commit adultery
What is a pre-nuptial/pre-nup?
A before marriage contract saying what will happed if they get a divorce
What is a countersuit?
When the defendant re-sues the plaintiff
What is exclusive jurisdiction?
when only one court system (federal or state) can hear the case. Not both; just one
Was Clarence found guilty or not guilty? explain.
Not guilty; the Senate was made up of guys and said he was telling the truth and Anita made the story up
About how many years ago was the Code of Hammurabi made?
4,000 years ago
What was the Napoleonic Code?
Updated rules and regrouped laws from the Code of Justinian.
Define amicus curiae [uh-meekus kyour-ee-eye].
friend of the court brief
Why did she tell the court this story?
They forced her to tell the court her story

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