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PRA 210 final
| Term | Definition |
|---|---|
| Define a legal citation | Name of source, Volume number, Page number and Date |
| Primary source is the law itself and the secondary source is an explanation or summary of the law from a private source. | In law, what is the difference between a primary source versus a secondary source? |
| Time limit to bring a specific type of lawsuit. | Define statute of limitations. |
| Define statute of limitations. | trial court |
| is the first appeal, all cases get one appeal, panel of judges can decide if trial court was wrong | The mid level appellate court |
| provides instructions on the law, and makes legal decisions | Trial judge |
| Negligence -- duty, breach, causation, damages. | What is the main civil common law rule we studied and what are the elements? |
| facts that allow you to bring a lawsuit against someone -- summons and complaint. | What is a cause of action and how would you start one? |
| pleadings, discovery, trial, appeal | What are the phases of a civil trial? |
| What is an element and do all legal rules have them? An element is a discrete part of a legal rule with multiple parts; yes, all rules have them. | What is an element and do all legal rules have them? |
| In common law, the term contributory negligence meant that the plaintiff had some negligence for the accident and was therefore completely barred from seeking a remedy. | What is the difference between contributory versus comparative negligence? Explain fully. |
| The 6th Amendment! | Where would I look to find the guarantee to the right to counsel for criminal defendants? |
| The 14th Amendment's Due Process clause. | Which Amendment and which clause protects general fairness in the criminal system? |
| Brandenburg v. Ohio when the Court overruled the Syndicalism statute because it violated 1st A and 14th A -- you are free to advocate for violent change as long as you don't do it | What is an example of the US Supreme Court overruling or invalidating a statute? |
| the "interbreeding" of different races; the anti-miscegenation law would violate due process by unfairly restricting liberty to marry whom you choose. | What does miscegnation mean and why would anti-miscegnation statutes violate the 14th Amendment? |
| confidentiality; Unauthorized Practice of Law; Avoid conflict of interest. | Can you identify three ethical rules we have discussed that apply to paralegals? |
| A paralegal cannot give legal advice. | Can a paralegal give legal advice? |
| 4 years undergraduate degree, good LSAT score, 3 years law school, and Pass the state bar exam | How do you become a lawyer? |
| Does NOT give legal advice but offers some assistance to those representing themselves in federal court. | What does a pro se clerk do in federal court? |
| What is the burden of proof in a criminal case? | beyond a reasonable doubt |
| Bill of Rights protects us from government action. | Why is the Bill of Rights (4th Amendment, 6th Amendment) implicated in the criminal system? |
Created by:
Alex1818
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