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Law
45 flashcards
Disparate treatment involves intentional discrimination, while disparate impact refers to facially neutral policies that have a disproportionate effect.
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior.
The main sources of law are legislation, judicial decisions, and customs/practices.
Criminal law deals with offenses against society, while civil law deals with disputes between private parties.
Stare decisis is the legal principle of determining points in litigation according to precedent.
In a common law system, judges interpret the law and their decisions become precedent for future cases.
Substantive law defines rights and obligations, while procedural law establishes rules for enforcing those rights.
The doctrine of judicial review allows courts to review and invalidate laws that violate the constitution.
Statutory law is law enacted by legislatures, while case law is law established by judicial decisions in court cases.
Due process refers to the legal requirement that the government must respect all legal rights owed to a person according to the law.
Equity is a branch of law that developed to address shortcomings in the common law, allowing courts to achieve fair results.
Criminal law deals with offenses against society punishable by the state, while tort law deals with civil wrongs against individuals.
In criminal cases, the burden of proof lies with the prosecution who must prove guilt beyond a reasonable doubt.
Respondeat superior is a legal doctrine that holds an employer responsible for the actions of employees performed within the course of their employment.
The principle of double jeopardy prevents an accused person from being tried again for the same crime after being acquitted.
A grand jury determines if there is enough evidence for a trial by reviewing cases and issuing indictments.
Felonies are more serious crimes with penalties of imprisonment for more than a year, while misdemeanors are less serious with lighter sentences.
The exclusionary rule prohibits the use of improperly obtained evidence at trial, subject to some exceptions.
Mens rea refers to the mental element or intent required to hold a person criminally liable for an act.
A jury is a group of citizens who hear evidence presented and determine facts in court cases.
A writ of habeas corpus is a court order requiring law enforcement to bring a prisoner before the court to determine if the imprisonment is lawful.
The principle of precedent requires courts to follow previous judicial decisions on similar questions of law.
Conflict of laws refers to the principles used to determine which jurisdiction's laws apply in cases involving multiple legal jurisdictions.
Voir dire is the process of questioning potential jurors to determine if they are qualified and capable of serving fairly.
A prosecutor is a lawyer who represents the government in criminal proceedings and is responsible for presenting the case against the defendant.
Strict liability refers to liability for an act regardless of the person's intent or mental state.
Probation is a period of supervision rather than imprisonment that allows the offender to remain in the community under certain conditions.
Eminent domain is the power of the government to take private property for public use with payment of just compensation.
An appellate court reviews decisions of lower courts to determine if any errors of law were made that require reversal or modification.
Consideration is the exchange of value that makes a contract legally enforceable.
Vicarious liability refers to a situation where one party is held responsible for the actions or omissions of another party.
Judicial immunity protects judges from personal liability for actions taken in their official capacity to ensure independent decision-making.
A writ of certiorari is an order from a higher court to a lower court to send up records of a case for review.
The statute of limitations sets time limits for prosecuting alleged crimes or filing lawsuits to preserve evidence and protect defendants.
Personal jurisdiction refers to a court's authority over the parties involved in a legal case.
A class action allows a group of people with similar claims to consolidate their cases and be represented collectively.
Res judicata is a legal principle that prevents the same parties from relitigating the same cause of action.
Forum non conveniens allows a court to dismiss a case and direct the parties to refile in a more appropriate court or venue.
A retainer fee is an upfront payment to a lawyer to secure their availability to take on a case.
Negligence refers to failing to exercise the degree of care expected of a reasonable person in a given situation.
A law clerk is a legal professional who assists judges with research, drafting opinions, and other legal work.
Promissory estoppel allows enforcing promises that induce reasonable detrimental reliance, even without consideration.
A grand jury subpoena compels a witness to testify or produce evidence for the grand jury's investigation.
Restitution requires offenders to compensate victims for losses suffered as a result of the crime.
The solicitor general represents the federal government in cases before the U.S. Supreme Court and determines which cases to appeal.