sources of law
What are the sources of constitutional law?
The U.S constitution and state governments
What is required to form a contract?
Consent
Legal purpose
define bail
the release, prior to trial, of a person accused of a crime, under specified conditions designed to assure that person's appearance in court when required. Also can refer to the amount of bond money posted as a financial condition of pretrial release
District courts are known as the...
lowest trial court in a state
True or False:
Ethics is a set of moral standards or a code of behavior.
true
United States Constitution, federal and state statutes, administrative regulations, and case law.
What does requiring the intention to create a legal relationship prevent?
it prevents a contract being formed by simply exchanging comments in a conversation.
define Brief
a written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments
District Courts have what kind of jurisdiction?what kind of offenses are addressed here? what kinds of cases ?
Original jurisdiction, minor offenses, civil and criminal cases
what is natural law?
an ideal law
what are statutes?
acting for their citizens, these legislatures enact laws
What is an example of duress?
"Sign this contract or we will kill you. "
define common law
the legal system that originated in England and is now in use in the United States, which relies on the articulation of legal principles in a historical succession of judicial decisions. common law principles can be changed by legislation
What kind of trials are held at district courts?
bench trials
define Defendant
a person required to make answer in a legal action
what is case law?
made after a trail has ended and on the parties has appealed the result to a higher court
Are valid contracts enforceable?
yes
define a tort
a civil, not criminal wrong, a negligent or intentional injury against a person or property, with the exception of a breach of contract.
What's a bench trial ?
a trial by judge, as opposed to a trial by jury
define Negligence
a conduct that failed to use the degree of care demanded by the circumstances.
what are administrative agencies?
governmental bodies formed to carry out particular laws
What are the types of contracts?
Valid
Void
Voidable
Unenforceable
Illegal
define standard of proof
degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt "beyond a reasonable doubt." The majority of civil lawsuits require proof "by a preponderance of the evidence" (50 percent plus), but in some the standard is higher and requires "clear and convincing" proof.
How are judges appointed in circuit courts?
They are appointed by the Governor, then elected in the first general election
define Plaintiff
a person who starts personal action to obtain a remedy for an injury to his rights.