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
