Jurisprudence FINAL EXAM STUDY GUIDE 2022 Update

Jurisprudence FINAL EXAM STUDY
GUIDE 2022 Update

The US Constitution

(Lessons 1-2)
Supreme law of the land. Contains the Main Body and 26/27 Amendments
Bill of Rights

(Lessons 1-2)
The first 10 amendments of the Constitution. In 1870, the 14th Amendment
made these applicable to the states.
What does the 14th Amendment provide?

(Lessons 1-2)
Provides Due Process and Equal Protection (Also Justice)
List and explain the branches of government

(Lessons 1-2)
Legislative - Creates law
Executive - Enforces the law
Judicial Branch - Interprets the Law
What are other names for Circuit Courts?

(Lessons 1-2)
Appellate Courts or Courts of Appeal
Number of Federal Circuits and District Courts

(Lessons 1-2)
13 and 94
Explain Precedent

(Lessons 1-2)
A previous case with similar circumstances used for reference; advisory
only, need not be followed

,Explain Stare Decisis

(Lessons 1-2)
Latin for "let the decision stand." A legal doctine holding that the ruling of a
higher court in the same chain or stovepipe will be followed by a lower
court unless:
1) the circumstances have changed
2) the earlier decision was wrong
*Only the court that set the rule can change it.
What is Law?

(Lessons 1-2)
a system of rules that defines socially acceptable behavior and sets
punishments for violations
List the Types of Law

(Lessons 1-2)
1) Statutory
2) Common
3) Administrative
4) Public
5) Private
6) Substantive (substance)
7) Procedural (procedures)
8) Criminal
9) Civil
What is the CFR?

(Lessons 1-2)
Code of Federal Regulations (Administrative)
Substantive Law

(Lessons 1-2)
is the set of laws that governs how members of a society are to behave
Procedural Law

(Lessons 1-2)
rules of court comprises the rules by which a court hears and determines
what happens in civil, lawsuit, criminal or administrative proceedings.

,Statutory Law

(Lessons 1-2)
Law passed by the U.S. Congress or state legislatures
Administrative Law

(Lessons 1-2)
Consists of those rules and procedures established by regulatory agencies.
Common Law

(Lessons 1-2)
A system of law based on precedent and customs
based on precedents established by judges' decisions

[Insert Name] v. [Insert Name]
Criminal Law

(Lessons 1-2)
Group of laws that defines and sets restriction of liberty for a public wrong

Burden of Proof : Beyond a reasonable doubt
Civil Law

(Lessons 1-2)
Groups of laws covering Contract or Tort law involving a private wrong


Burden of Proof : preponderance; clear & convincing evidence
What type's of cases are never published in the military justics (MJ)
system?
Court Martials
Keywords for a Federal Statutory Law

(Lessons 1-2)
Act, Code, or Statute
Define a Contract

(Lessons 1-2)
A legally binding agreement that the courts will enforce
(mutually exclusive - cannot also be Tort)

, Define Tort Law

(Lessons 1-2)
A non-contractual civil wrong committed against a person or property for
which a court may award a remedy in damages (think car crash)
Civil Trial/Lawsuit Steps

(Lessons 1-2)
1) Complaint
2) Answer
3) Discovery
4) Pre-Trial Motions
5) Trial (bench or jury)
6) Post-Trial motions
7) Appeal
What is Voir Dire
Instructions for the Jury
List the Types of Discovery

(Lessons 1-2)
1) Motions to Produce Documents
2) Motions for physical examination
3) Requests for Admission
4) Interrogatories - Written Questions & Answers
5) Depositions - Questions & Answers
Flow of the Federal Judicial System

(Lessons 1-2)
Explain the flow of the Military Judicial System
Flow of a typical State System

(Lessons 1-2)
Interpret this citation:

Furman v. Georgia, 408, U.S. 238 (1972)

(Lessons 1-2)
Case Name - Furman v. Georgia
Vol No - 408
Reporter/Identifier - U.S.