Supreme Court And Federal Courts example essay topic

Chapter 1 Statue- written law enacted by the legislative branch establishing certain courses of conduct to follow. Ordinances- laws enacted by local government bodies. Judicial decision- a decision about an individual lawsuit issued by fed. or state courts. Chapter 2 Limited-jurisdiction trial court- a court that hears matters of specialized or limited nature.

General-jurisdiction trial court- a court that hears cases of general nature. State supreme court- highest court in a state court system. U. S Supreme Court- court created by article of U. S constitution. Petition of certiorari- asking Supreme Court to hear case. Writ of certiorari- official notice that Supreme Court will hear case.

Exclusive jurisdiction- jurisdiction held by 1 court. Concurrent jurisdiction- jurisdiction shared by two or more courts. Quasi in rem jurisdiction- jurisdiction allowed a plaintiff who obtains judgement in 1 state to try to collect the judgement by attaching property of the defendant located in another state. Venue- concept requiring lawsuits to be heard by the court closest to incident. Litigation- process of bringing, maintaining, and defending a lawsuit. Summons- court order directing the defendant to appear in court and answer the complaint.

Consolidation- combining 2 or more separate laws into 1 lawsuit. Statue of limitations- statute that establishes the period during which the plaintiff must bring the lawsuit. Deposition- oral testimony given by witness prior to trial. Interrogatories- written questions submitted by 1 party to another. Pretrial hearing- hearing before the trial in order to facilitate the settlement of a case. Verdict- decision reached by the jury.

Judgement- official decision of the court. Arbitration- form of ADR where parties choose an impartial third party to hear and decide dispute. Chapter 3 Enumerated powers- certain powers delegated to the federal government by the states. Legislative branch- part of gov't consisting of congress. (house of reps, and senate). Executive branch- part of gov't consisting of president and vice president.

Judicial branch- part of gov't consisting of supreme court and federal courts. Supremacy clause- establishes that the federal constitution, treaties, federal laws, and federal regulations are the supreme law of the land. Preemption doctrine- concept that federal law takes precedent over state or local law. Interstate commerce- commerce between states. Intrastate- inside state. Establishment clause- clause to 1st amendment prohibiting gov't from establishing a state religion or promoting 1 over another.

Free exercise clause- to the 1st amendment prohibiting gov't interfacing with the free exercise of religion in U.S. 14th amendment- contains due process, equal protection, priv ledges, and immunities. Strict scrutiny test- test applied to classifications based on race. Intermediate scrutiny test- test applied to classification based on protected classes. (sex, age). Rational basis test- test applied to classifications not involving a suspect or protected class.

Due process clause- no person shall be deprived of life, liberty, or property without due process. Procedural due process- gov't must give proper notice before possessions are taken from him. Privileges and immunities clause- clause prohibiting states from enacting laws that unduly discriminate in favor of their residents. Chapter 7 Felony- most curious crime.

Misdemeanor- less serious crime. Violation- punishable to fine. Actus reus- guilty act. Mens rea- evil extent.

Plea bargain- when accused admits to a lesser crime than charged. Hung jury- jury that cannot come to unanimous decision about defendant's guilt. Robbery- taking property using fear or force. Burglary- taking without being noticed.

Larceny- taking whats not yours. Receiving stolen property- 1. Knowingly recieves 2. intends to deprive rightful owner. Arson- burning another's building. Forgery- altering a written document.

Extortion- blackmail. Embezzlement- skimming off the top. Mail fraud- use of mail to defraud. Wire fraud- use of telephone, telegraph to defraud. Bribery- payoff, kickback. Unreasonable search and seizure- and search violating 4th amendment.

Search warrant- a warrant issued by court for search. Exclusionary rule- any evidence gotten without warrant, cannot be used in court. Chapter 5 Assault- threat of immediate harm, or if you think you are going to get hurt. Battery- unauthorized physical contact. False imprisonment- restraining a person without authority. Defamation of character- false statements made to defame character.

Invasion of the right to privacy- a tort constituting the violation of a person's right to live without being subject to unwarranted and undesired publicity. Intentional infliction of emotional distress- a tort saying a person whose conduct intentionally or recklessly causes severe emotional distress to another person is liable for it. Trespass to land- a tort interfering with an owner's right to exclusive possessions of land. Unintentional tort or negligence- says a person is liable for harm that is the foreseeable consequence of his actions.

Trespass to personal property- a tort occurring when a person is injured from another's property. Causation- a person who commits a negligent act is not liable unless his act was the cause of the plaintiff's injuries. (the 2 that must be proven- actual cause, legal cause). Causation in fact or actual cause- the actual cause of negligence. Proximate cause or legal cause- a point along the chain of events caused by a negligent party after which they are no longer legally responsible for the consequences of his actions. Professional malpractice- liability of a professional who breaches his duty of ordinary care. Negligence per se- tort where the violation of a statute or ordinance constitutes the breach of duty of care. (don't have to prove).

Res ipsa loquitur- tort where presumption of negligence arises cause 1. The defendant was in exclusive control of situation. 2. the plaintiff wouldn't have suffered the injury but for someone's negligence. (Defendant must prove they weren't negligent). Good Samaritan law- relieves medical professionals from liability when stopping to help in emergency. Dram shop act- makes taverns responsible for serving too much. Social host liability- rule providing social guest to be liable for injuries caused by intoxicated guest.

Assumption of the risk- a defense defendant can use against a plaintiff who knowingly enters into or participates in risky activity resulting in injury. Contributory negligence- doctrine saying plaintiff is partially at fault for his injury cannot recover against the negligent defendant. Comparative negligence- a doctrine under which damages are apportioned according to fault.