str8 law final
The laws that U.S. citizens are expected to obey come from
Congress. state legislatures. administrative agencies.
In a criminal case you must convince the jury with preponderance of the evidence, where in a civil case you must prove beyond reasonable doubt.
False
The government picks up trash and recycling every other Wednesday. This is an example of a statute.
False
Is it a felony or a misdemeanor? - Murder
Felony
Read the excerpt and then answer the following question. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." —From Section 1 of the Fourteenth Amendment to the U.S. Constitution Which court case ruled that the Fourteenth Amendment had been violated due to a state court's failure to provide a lawyer free of charge?
Gideon v. Wainwright (1963)
Who is the plaintiff?
In a civil case, it is a person accusing the alleged wrongdoer.
Which of the following is true about the attorney-client privilege?
Information told to one's attorney is confidential. Information told to one's attorney may only be released with the client's consent. It encourages a client to speak freely.
Divides power among several branches of government.
Separation of Powers
In a criminal case, what is the level of proof that is required in order to convict someone of a crime?
beyond a reasonable doubt
Having a judge decide this issue, instead of using mediation or negotiation, can sometimes make this type of case worse.
child custody decisions in divorce
Settlement generally resolves
civil cases that have been filed in court.
Joe slipped on Michael's property. What part of the law can he use?
civil law
An attorney's fee based on a percentage of what the client wins in a case is called a(n)
contingency fee.
Both civil courts and criminal courts
decide the facts. listen to testimony consider evidence
What is generally a consequence for lawyers who commit a violation of the state ethical requirements?
disbarment
Justice Jones did not agree with the majority of the justices on the court and wrote a separate statement of her analysis. This is called a
dissenting opinion.
Read the excerpt to answer the following questions."This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."—Article VI of the U.S. Constitution Article VI is known as the ______ clause.
supremacy
Which of the following statements about lobbying is true?
Lobbying is a way to influence lawmakers to vote in a certain way.
Which of the following is a characteristic of an appeals court?
Only arguments from attorneys are presented in court.
Which of the following statements about our legal system is true?
Our legal system protects basic human rights.
What is a disadvantage of going to court to solve a conflict?
The court process can take a long time and be very expensive.
Which of the following statements about the inquisitional system is true?
The judge is active in questioning the witnesses.
Residents in one state vote on election day to decide whether or not to remove their governor from office. This is called a(n)
recall
Which of the following is a human rights violation and also a violation of the U.S. Constitution?
The police enter the homes of all residents living in a high-crime area and search for guns and drugs. The police torture a suspect into confessing to a crime. The government orders all citizens to join a church.
What is a question that you should ask a lawyer you are considering hiring?
Will there be a written fee agreement? Has the lawyer ever handled cases like this before? What is the lawyer's fee?
A felony is defined as
a serious criminal offense punishable by a prison sentence of more than one year.
What is legal malpractice?
a violation of the code of professional responsibility
Read the excerpt and then answer the following question. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." —From Section 1 of the Fourteenth Amendment to the U.S. Constitution According the excerpt, no state shall "deprive any person of life, liberty, or property without
due process of law
Read the excerpt to answer the following questions."This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."—Article VI of the U.S. Constitution
federal laws are superior to state laws.
The steps in a typical mediation include the mediator
getting each party to tell what happened. explaining the ground rules. clarifying that each side understands the other's position.
A good attorney will
give advice to a client.
People who become lawyers are most likely to work
in private practice.
Ombudspersons
investigate complaints and help parties reach agreements.
What is the case in which a lawyer, on behalf of a client, sues the client's previous lawyer for a serious error that caused the client to lose his or her case?
legal malpractice
Sam volunteered to buy tickets online for an upcoming concert for himself and his friend Andre. When Andre got sick and couldn't go he refused to pay for the ticket Sam had bought for him. Sam and Andre get together to talk about how they can resolve their dispute. This is an example of
negotiation.
The least formal conflict resolution strategy is
negotiation.
Before issuing proposed regulations, agencies usually hold
public hearings.
Bruce grabs 18-year old Jackson after school and beats him up. If a criminal charge is brought against Bruce, who would bring it?
the government
Who is the prosecutor?
the state or federal government's attorney
The best way to find a lawyer to help you is
to get a recommendation from someone who had a similar problem that was resolved satisfactorily.
Tips for writing a public official include
using e-mail to contact the officials. writing in your own words. beginning by telling the official why you are writing.
A local council passed an ordinance making it illegal for people to gesture in a way that makes other people feel uncomfortable. This ordinance is
vague, and therefore unenforceable.
A statute is defined as
written laws enacted by legislatures.
