LB 205 Exam 1 CSU with complete solution
trial court
a court of law where cases are tried in the first place, as opposed to an appeals court.
appellate court
A court having jurisdiction to review cases and issues that were originally tried in lower
courts.
concurrent jurisdiction
the ability to exercise judicial review by different courts at the same time, within the
same territory, and over the same subject matter.
jurisdiction
the official power to make legal decisions and judgments.
venue
the proper or most convenient location for trial of a case. Normally, the venue in a
criminal case is the judicial district or county where the crime was committed.
State Courts
Courts that hear disputes about the laws of one state
Federal Courts
Deal with problems between states; they also handle cases that deal with the
Constitution and the laws made by Congress, they lack enforcement powers.
Diversity of Citizenship
The condition that exists when the parties to a lawsuit are citizens of different states, or
when the parties are citizens of a U.S. state and citizens or the government of a foreign
country. Diversity of citizenship can provide a basis for federal jurisdiction.
writ of certiorari
Order by the Supreme Court directing a lower court to send up the records of a case for
review
civil complaint
a pleading that initiates a civil lawsuit by setting forth for the claim for relief from
damages caused, or wrongful conduct engaged in, by the defendant
grand jury
a jury, typically of twenty-three people, selected to examine the validity of an accusation
before trial.
indictment
a formal charge or accusation of a serious crime
Deposition
the out-of-court oral testimony of a witness that is reduced to writing for later use.
Written Interrogatories
A type of pretrial discovery in which written questions propounded on behalf of one
party in an action are directed to another party or to someone who is not a party. The
person interrogated must give his or her answers in writing, and upon oath.
request for admissions
A set of statements sent from one litigant to an adversary for the purpose of determining
what facts are in dispute and which facts both parties accept as true.
Jury Instructions
, a set of legal rules, direction, or guideline that a judge renders to a jury with respect to
the law of a case. The jurors should follow such instructions when the jury is deciding a
civil or criminal case.
establishment clause
Clause in the First Amendment that says the government may not establish an official
religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice
of religion.
5th and 14th amendments
The Fifth Amendment says to the federal government that no one shall be "deprived of
life, liberty or property without due process of law." The Fourteenth Amendment, ratified
in 1868, uses the same eleven words, called the Due Process Clause, to describe a
legal obligation of all states.
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the
power to regulate all business activities that cross state lines or affect more than one
state or other nations.
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the
law, and has been used to combat discrimination
Initiative
A procedure by which voters can propose a law or a constitutional amendment.
Referendum
a legislative act is referred for final approval to a popular vote by the electorate
Recall
procedure whereby voters can remove an elected official from office
precedent
an example that may serve as a basis for imitation or later action
stare decisis
Let the decision stand; decisions are based on precedents from previous cases
Administrative Law
The body of law created by administrative agencies (in the form of rules, regulations,
orders, and decisions) in order to carry out their duties and responsibilities.
sunshine laws
Law requiring agency meetings and decision-making process to be open to the public.
One way of making agencies more accountable to Congress and the public.
Executive agency
Executive agencies report directly to the president, and the heads of those agencies are
members of the president's cabinet. Defense, Interior, State and so on.
independent agency
independent agencies are usually set up by Congress and the president has less power
in getting rid of the head.
Actus Reus
Action or conduct which is a constituent element of a crime, as opposed to the mental
state of the accused.
trial court
a court of law where cases are tried in the first place, as opposed to an appeals court.
appellate court
A court having jurisdiction to review cases and issues that were originally tried in lower
courts.
concurrent jurisdiction
the ability to exercise judicial review by different courts at the same time, within the
same territory, and over the same subject matter.
jurisdiction
the official power to make legal decisions and judgments.
venue
the proper or most convenient location for trial of a case. Normally, the venue in a
criminal case is the judicial district or county where the crime was committed.
State Courts
Courts that hear disputes about the laws of one state
Federal Courts
Deal with problems between states; they also handle cases that deal with the
Constitution and the laws made by Congress, they lack enforcement powers.
Diversity of Citizenship
The condition that exists when the parties to a lawsuit are citizens of different states, or
when the parties are citizens of a U.S. state and citizens or the government of a foreign
country. Diversity of citizenship can provide a basis for federal jurisdiction.
writ of certiorari
Order by the Supreme Court directing a lower court to send up the records of a case for
review
civil complaint
a pleading that initiates a civil lawsuit by setting forth for the claim for relief from
damages caused, or wrongful conduct engaged in, by the defendant
grand jury
a jury, typically of twenty-three people, selected to examine the validity of an accusation
before trial.
indictment
a formal charge or accusation of a serious crime
Deposition
the out-of-court oral testimony of a witness that is reduced to writing for later use.
Written Interrogatories
A type of pretrial discovery in which written questions propounded on behalf of one
party in an action are directed to another party or to someone who is not a party. The
person interrogated must give his or her answers in writing, and upon oath.
request for admissions
A set of statements sent from one litigant to an adversary for the purpose of determining
what facts are in dispute and which facts both parties accept as true.
Jury Instructions
, a set of legal rules, direction, or guideline that a judge renders to a jury with respect to
the law of a case. The jurors should follow such instructions when the jury is deciding a
civil or criminal case.
establishment clause
Clause in the First Amendment that says the government may not establish an official
religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice
of religion.
5th and 14th amendments
The Fifth Amendment says to the federal government that no one shall be "deprived of
life, liberty or property without due process of law." The Fourteenth Amendment, ratified
in 1868, uses the same eleven words, called the Due Process Clause, to describe a
legal obligation of all states.
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the
power to regulate all business activities that cross state lines or affect more than one
state or other nations.
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the
law, and has been used to combat discrimination
Initiative
A procedure by which voters can propose a law or a constitutional amendment.
Referendum
a legislative act is referred for final approval to a popular vote by the electorate
Recall
procedure whereby voters can remove an elected official from office
precedent
an example that may serve as a basis for imitation or later action
stare decisis
Let the decision stand; decisions are based on precedents from previous cases
Administrative Law
The body of law created by administrative agencies (in the form of rules, regulations,
orders, and decisions) in order to carry out their duties and responsibilities.
sunshine laws
Law requiring agency meetings and decision-making process to be open to the public.
One way of making agencies more accountable to Congress and the public.
Executive agency
Executive agencies report directly to the president, and the heads of those agencies are
members of the president's cabinet. Defense, Interior, State and so on.
independent agency
independent agencies are usually set up by Congress and the president has less power
in getting rid of the head.
Actus Reus
Action or conduct which is a constituent element of a crime, as opposed to the mental
state of the accused.
