Law Unit 1: What is Law?

What do supreme courts do?

handle the most important cases brought by the appeals court

What are the 7 goals & values of our legal system?

- resolve conflict - protect basic human rights - promote fairness - promote order & stability - protect the environment - represent the will of the majority - protect the rights of the minority

What is the prison term for a misdemeanor?

1 year or less

What is the prison term for a felony?

1 year or more

Who is involved in supreme courts?

9 U.S. Supreme Court justices

Who is in the executive branch?

President, Vice-President, Cabinet

What is legal malpractice?

a lawsuit against a lawyer by their client because of a huge mistake made in court that resulted in major loss or injury

What is an initiative?

a procedure that enables a specified number of voters to propose a law by petition

What are checks & balances?

a way to ensure that no branch receives too much power

What is a recall?

allows voters to remove elected officials from office

What is a lawsuit?

brought by one or more individuals against another person, business, or the gov't

What is privilege?

confidentiality between lawyer & client

Who is in the legislative branch?

congress

What are the two different types of laws?

criminal; civil

What do appeals courts do?

decide whether the decision made by trial court is reasonable

What is the job of those in the judicial branch?

declare laws & acts of the President unconstitutional

What is a retainer?

down payment given to the lawyer

It is a crime to cheat on your tax return. Moral, economic, political, or social value?

economic; moral

Which is more severe: felony or misdemeanor?

felony

What are the Bill of Rights?

first 10 amendments of the Constitution

What is veto power?

gives the President power to disapprove a law

Are lobbyists harmful or helpful to the political/law making process?

harmful because it is not a fair representation of what the citizens really need & want

What is the job of those in the legislative branch?

impeach judges/president, reject presidential appointments, & override presidential vetos

What do civil laws regulate?

individuals or groups of individuals

What are economic values?

involve money

What are political values?

involves the gov't

What are social values?

involves the society

Who is involved in appeals courts?

lawyers

What do trial courts do?

listen to testimonies, considers evidence, & decide the facts in disputed situations

Gov't officials may not accept gifts from people who want them to pass certain laws. Moral, economic, political, or social value?

moral; political

Can a decision in supreme courts be appealed?

no

What is a referendum?

occurs when a legislative act is referred to voters for final approval or rejection

Can a decision in appeals court be appealed?

only when there is an error or law

What are moral values?

our definition of right from wrong

Who has the burden of proof in a civil case?

plaintiff

Who is involved in trial courts?

plaintiff (in civil cases), prosecutor (in criminal cases), defendant

All citizens may vote at age 18. Moral, economic, political, or social value?

political

All drivers must stop at stop signs. Moral, economic, political, or social value?

political; social

Who has the burden of proof in a criminal case?

prosecution

What do criminal laws regulate?

public conduct & set out duties owed to society

What is a lobbyist?

someone who tries to convince a lawmakers to vote for or against something

Who is in the judicial branch?

supreme court (judges)

What is federalism?

the division of power between states & federal gov't

What is a contingency fee?

the fee paid to the lawyer based on a percentage of the sum awarded in a lawsuit

What does it mean when a lawyer is disbarred?

the lawyer's law license has been removed for violating the rules of a lawyer

What is jurisprudence?

the study of law

What are the 3 different types of courts?

trial court, appeals court, supreme court

What is the job of those in the executive branch?

veto laws & appoint judges

What is negotiation?

when 2 people having a dispute talk to each other to reach a solution

What is mediation?

when a third person helps the disputing parties talk about their problems & settle their differences

What is judicial review?

when courts decide whether cases are constitutional or unconstitutional

What is arbitration?

when the 2 parties in a dispute agree to have another person make the final decision for them

Can a decision in trial courts be appealed?

yes