Landmark Cases
What case gave people the right to a lawyer even if they can’t afford one?
Gideon v. Wainwright
What is the legal term for ending a marriage?
Divorce
What is a tort?
A civil wrong that causes harm or injury and can result in legal liability.
What is the highest court in the U.S.?
U.S. Supreme Court
What is a plaintiff?
The person who brings a lawsuit to court.
What case established the power of judicial review
Marbury v. Madison
What’s the difference between physical and legal custody?
Physical custody is where the child lives; legal custody is the right to make decisions about the child’s life (like school, health care, religion).
What are the types of torts?
Intentional (battery) and Unintentional (negligence)
What is the highest court in NYC?
NYC Court of Appeals
Define due process.
Fair treatment through the normal judicial system, especially as a citizen's entitlement.
In Gideon v. Wainwright, what constitutional amendment was used to argue his right to counsel?
6th Amendment
What’s the standard courts use when deciding custody cases?
“best interest of the child”
What is the legal term for failing to act as a reasonable person would, causing harm to someone else?
negligence
U.S Bankruptcy court
What does burden of proof mean in a criminal case?
The obligation to prove the defendant’s guilt “beyond a reasonable doubt.”
How did Chief Justice John Marshall justify the Court’s power of judicial review in Marbury v. Madison?
By stating that it is the duty of the judiciary to interpret what the law is and to declare laws void if they conflict with the Constitution.
What is the term for court-ordered payments made by one spouse to another after divorce?
Alimony, maintence, or spousal support
Name the four elements a plaintiff must prove to win a negligence case.
Duty of care, breach of duty, proximate cause, and injury (damages).
Hears cases involving the probate of wills and the administration of the estate of an individual without a will
Surrogate Court
What writ orders a lower court to deliver its record in a case so that a higher court can review it?
Writ of certiorari?
In Gideon v. Wainwright, what precedent did the Court overturn, and why?
It overturned Betts v. Brady by ruling that the right to counsel is fundamental and essential to a fair trial, applying it to the states through the 14th Amendment.
What is the legal term for ending a marriage that was never valid to begin with, and name two reasons a marriage can be declared invalid under this rule.
Incest (marrying a close relative) and bigamy (one person is already legally married)
What is strict liability?
Liability without fault — defendant is responsible regardless of negligence.
What’s the main difference between civil and criminal court cases?
Criminal cases involve the government prosecuting someone for breaking laws (like theft or assault), with possible punishments like jail or fines. Civil cases involve disputes between private parties over rights or obligations, usually resolved by money damages or orders.
What writ requires a person to be brought before a court to determine if their detention is lawful? Also, what does it mean?
Habeas Corpus means “you shall have the body”.