american legal system quiz 1

constitution

A document whose primary purpose is to establish a government and define its powers

jurisdiction

the power or authority to act in a certain situation. the power of a court to hear cases and render judgements

common law

a body of laws developed through the courts

acquittal

a finding of not guilty in a criminal case

liable

a finding of responsibility in a civil case

hung jury

a jury that cannot attain the necessary consensus or majority to reach a verdict

statutes of limitation

a law that places a time limit on when a lawsuit can be filed

tort

a non contractual civil wrong

natural theory of law

a philosophical theory holding that law reflects the moral and unchangeable law of nature

syllabus

a summary of a supreme court case written by the reporter of decisions an officer of the court appointed by the supreme court justices

code

a topical organization of statutes

crime

an act in violation against a criminal statute

rules of court

procedural rules adopted by all courts regulating practice in the court

stare decisis

stands for decisions stands another term for precedent

jurisprudence

study of philosophy of law

beyond reasonable doubt

the amount of proof necessary for a conviction in a criminal case

preponderance of the evidence

the amount of proof necessary for most civil cases more likely than not

due process of law

the existence of a law that prohibits the conduct in question before the violation occurs. a law is sufficiently certain and clear so that an individual is capable of knowing what is permissible and what is illegal. a specifically described penalty that is to be imposed in the event a person is found guilty

burden of proof

the necessity of establishing a particular fact or the necessity of going forward with the evidence

civil laws

1. a legal system based on written laws and codes 2.a type of law that controls private disputes between parties

how is law classified

1. constitutional, statutory law, and case law 2. substantive, procedural 3. criminal, civil

legal positivism

A philosophical theory holding that the validity of law is not related to morality

legal realism

A philosophical theory that laws are created by judges and therefore subject to individual beliefs and prejudices

law

A set of rules and procedures usually intended to regulate some aspect of society on a federal state and local government level

precedent

The example set by the decision of an earlier court for similar cases or similar legal questions that arise in later cases

substantive laws

laws that define our rights and obligations

procedural law

laws that dictate how we enforce our rights and obligations

indigent

without funds or assets and therefore unable to afford an attorney