Save
Busy. Please wait.
Log in with Clever
or

show password
Forgot Password?

Don't have an account?  Sign up 
Sign up using Clever
or

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't know
Remaining cards (0)
Know
0:00
share
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Chapter 1

Introduction to Law for Paralegals, Bevans, Second Edition

TermDefinition
Law A rule that must be followed or a sanction will be imposed.
Supreme Court Highest State Court and Federal Court
Trial Court Function Determine the facts of the case and apply the law appropriately to them.
State Court -Facts of Case Specific information or details of the situation in dispute
State Court - Law of Case the statutes and/or case law to be applied to the facts of the case
Petition for certiorari A Petition asking the Supreme Court to hear one's case.
Writ of certiorari An official notice that the Supreme Court will review one's case.
"Granting cert" is discretionary There are not certain criteria to determine whether case will be heard.
Burden of Proof-Civil Case Preponderance of the evidence" or "More likely than not" MO requires 9 of 12 jurors for Ptf to win. Federal requires all 12 jurors for ptf to win.
Burden of Proof - Criminal Case "Beyond a reasonable doubt". MO and Federal require unanimous jury for conviction.
Civil Parties Ptf (indiv, organiz or govt entity who files suit), Def (indiv, organz or govt entity-party whom lawsuit has been fied against) , Ptf's atty (private, hired by ptf) Def's atty (private, hired by def)
Criminal Parties Ptf (the government files suit), Def (accused person of breaking the law), Ptf's atty (Prosecuting atty- State is District Atty and Federal is US Atty), Def's atty (private, hired by def or Public Defender provided by govt)
Civil Case Outcome If ptf wins, def is held "liable", may have to perform certain actions, and/or pay money (either or both may appeal outcome)
Criminal Case Outcome If Ptf wins, Def is found GUILTY and may have to perform certain actions, pay money, and/or be imprisoned. Only Def may appeal outcome. If ptf loses, def is found NOT GUILTY. No appeal allowed for prosecution.
KEY DIFFERENCES IN CIVIL/CRIMINAL LAW PARTIES, BURDEN OF PROOF AND OUTCOMES
Litigation Process of bringing, maintaining and defending a lawsuit. State and Federal cts handle BOTH civil and criminal cases.
Civil Litigation Legal action to resolve disputes between any parties including indivs, organzs and governmental entities
Criminal Litigation Legal action brought by the government against a party accused of violating the law
Stare Decisis "To Stand by the decision" requires adherence to precedent (Promotes uniformity, Efficiency and predictability)
MEDIA for Research Case Reporters, Statutes, Legal Encyclopedias, Treatises, Online Legal Research
ONLINE RESEARCH LEXIS, WESTLAW, FASTCASE, LOISLAW
How to Brief a Case (Summarize) 1) Case name and citation 2) Summary of relevant key facts 3) Issue of the Case 4) Holding 5) Summary of courts reasoning
Reading a Case 1) Style or Caption 2) Attorneys 3) Judge (author) 4) Body of the Case 5) Court's Decision 6) Concurrence or Dissent
Statutes Created by Legislature, usually codified
Case Law Published decisions of courts, may interpret statutes
Administrative Rules and Regulations Agencies promulgate to enforce their areas of responsibility
3 Branches of Government 1) Legislature-Power to Make and Change Laws 2) Judicial - Power to Make Judgments on Law 3) Executive-Power to put laws into action
Jurisdiction The power (authority) of a court to act
Created by: AmyStaten
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards