law quiz.doc

3 Pages
Unlock Document

University of Massachusetts Amherst
Stella Xanthakos

BRANCHES OF GOVERNMENT: • legislative – congress( house of representatives and senat) • Judaical – supreme court • executive - president CHECKSAND BALANCES – the principle under which the powers of the national government are divided among among three separate branches- the executive(enforces), legislative(makes law), and judicial(interprets) branches- each of which exercises a check on the actions of the others. SUPREMACY CLAUSE –the requirement in the article 4 of the Constitution where under this clause, state and local laws that directly conflict with federal law will be rendered invalid. BILLOF RIGHTS - CHAPTERS 4AND 7 FIRST-- freedom of speech, religion, press etc. FIFTH AMENDMENT – due process, equal protecyion, self-incrimination, double jeopardy FOURTH – search and seizure, probable cause/warrant SIXTH – counsel, speedy trial, jury EXCLUSIONARY RULE - evidence illegally seized by law enforcement officers in violation of a suspect's right to be free from unreasonabSEARCHES AND SEIZURES cannot be used against the suspect in a criminal prosecution. CIVIL LAW V. CRIMINAL LAW - P. 13, as discussed and covered in class and in Chapter 7 -BURDEN OF PROOF IN CRIMINAL CASES (against society) IS BEYONDA REASONABLE DOUBT; UNANIMOUS VERDICT; GOVERNMENT V.ACCUSED; LIBERTY; criminal defendants are prosecuted by publick officials on behalf of the state, not by their victims or other private parties. -CIVIL CASE( violations of person's rights). IS BYAPREPONDERANCE OF THE EVIDENCE; USUALLYABOUT MONEY; Private party sues another private party to make that other party comply with a duty or pay for the damage caused by the failure to comply with a duty. JURISPRUDENCE - P. 3 DISCOVERY - Begins on P. 47 • REQUEST FOR PRODUCTION OF DOCUMENTS • INTERROGATORIES • DEPOSITIONS • (FYI - REQUEST FORADMISSIONS - but not on test) Massachusetts courts Superior Court, District Court -- Trial Courts (Jury trials/ verdicts) Appeals Court of Massachusetts and Supreme Judicial Court (SJC) -Appellate/reviewing courts-- no testimony, no jury; panels of judges SOURCES OF LAW - Chapter 1 and in Class – CONSTITUTION – supreme law of the Land. State constitutions are supreme within state borders to the extent that they don't violate the US Constitution or federal law. – LEGISLATION/STATUTES – laws and ordinances created by federal, state and local legislatures and governing bodies. None of these laws can violate Constitution or the relevant state constitutions. Uniform laws, when adopted by a state legislature, become statutory law in that state. Massachusetts General Laws (M.G.L. chapter and section) – CASE LAW - (CASE PRECEDENT) – judge-made law, including interpretations of constitutional provisions STARE DECISIS – a common law doctrine under which judges are obligated to follow the precedents established in prior decisions. Jardines v. Florida (facts, decision, holding and reasoning; also dissenting opinion) Texas v. Johnson - flag burning JURISDICTION – the authority of a court to hear and decide specific case33 JUDGES / JUSTICES TRIAL COURTS V.APPELLATE COURTS - TEXTAND covered in class; ROLE OF THE REVIEWING COURT – reviews the records of the case on appeal, which includes a transcript of the trial proceedings, and determines whether the trial court committed an error. They focus on questions of law not facts. APPELLATE REVIEW – a court of appeals doesn't hear evidence – it reviews the records for errors of law. The a
More Less

Related notes for MANAGMNT 260

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.