Chap 1
What requirements of education need to be met in order to be qualified to become an attorney
High School Degree, Bachelors degree, and a Juris Doctor Degree
Examples of Civil Cases
Wrongful Death, Conversion, Divorce, Negligence, Assault & Battery
What are all the NYS trial court types
Court of claims, family court, Surrogates court, and County court
How many senators can each state have?
Two senators for each state
Which classification of crime is most serious
Felony
Are attorneys licensed to practice in one particular area?
No
Examples of Criminal Cases
Murder/Homicide, Robbery, Larceny, Arson, Assault
What do appelate court judges review?
Record of the lower court proceed, Hear oral argument from attorneys (no witnesses or testimony), Read the parties’ briefs, Then decide whether to reverse or affirm the lower decision.
How old must you be to run for president?
35
A-1 felonies can be classified as
Murder in the 1st degree, Murder in the second degree, and Criminal Sale of a Controlled Substance in the first degree.
What is an attorney flat fee?
fee agreed upon in advance of work being done. Usually routine or predictable tasks like a Power of Attorney document, or real estate action name change, simple bankruptcy.
Who brings the cases to court in Criminal cases
It is society, not the victim of the crime through the District Attorney
How many judges does the court of appeals consist of?
The Court of Appeals consists of seven judges, the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms.
Which is the highest court?
Supreme court
Class A misdemeanors are punishable to how many years in jail and what amount of money
Class A misdemeanors are punishable by up to one year in jail and fines up to $1,000.
What is an attorney contingency fee?
This is the “You don’t get charged unless we win” or the “No fee guarantee” hook you’ve heard on television, radio and online.
Objectives of Civil law
Put victim back into position they were in before harm or perhaps enforce contractual rights
How many justices does the US supreme court consist of
Nine (9) justices who are nominated by the President, confirmed by the Senate, then appointed by the President
What is the Supremacy Clause
Guarantees that the United States will assume all debts from the Articles of Confederation Federal Laws and treaties are the supreme law of the land
Examples of unclassified misdemeanors
Aggravated unlicensed driving, and Driving while intoxicated
Definition of Censure, Suspension, and Disbarment
Censure –public statement of wrongdoing;least severe consequence Suspension – more serious, attorney must stop practicing for specified amount of time (2 years typical) Disbarment – most serious, surrender of attorney license
What is similar between criminal law and civil law
Courthouse, Trial, Witnesses, Evidence, People of the Court such as attorneys, judges, stenographer, bailiffs, and the parties to the action.
Whos is the current Chief of Justice
John Roberts
What was the last state to ratify the constitution
Rhode Island on May 29, 1790
What are some parts of a criminal case
Arrest/Filing of Accusatory Instrument, Booking, Arraignment, Preliminary Hearing, Grand Jury, Arraignment after Indictment, Discovery, Pretrial Hearings, and Trial