Basic Principles of Law
Rules passed by legislatures which seek to control and regulate the behavior of the people in a particular jurisdiction.
What are laws?
A crime that carries a penalty of no more than a year in jail.
What is a misdemeanor?
Term for when two or more parties make offers and counter-offers in an attempt to reach and agreement on an issue, such as a customer and a vendor haggling at a flea market or car dealership.
What is negotiation?
Article III of the Constitution outlines the powers and structure of this branch of government.
What is the Judicial Branch?
The highest court in the U.S. legal system.
What is the U.S. Supreme Court?
A well-written law is clearly written, understandable, has a clear purpose/goal, states penalties and when it goes into effect, and is...
What is enforceable?
The burden of proof on the state in a criminal trial.
What is beyond all reasonable doubt?
Advocacy comes in many forms. This form comes originally from Old England and is described as making direct contact with government officials in order to persuade them to support, oppose, vote for, or vote against certain legislation.
What is lobbying?
This constitutional principle states that each branch of government shall have certain powers that limit what the other two branches can do, which then makes each branch "co-equal."
What is checks and balances?
In order for a federal bill to become law, it must pass in both House of Reps and Senate, and then be...
What is signed by the President?
The two parties in a civil suit.
Who are the plaintiff and the defendant?
This exception to the warrant requirement allows an officer actively chasing a suspect to enter any dwelling the suspect flees into and seize any evidence found in said dwelling while attempting to apprehend the suspect.
What is the hot pursuit exception?
This occurs when parties choose a neutral 3rd party to facilitate communication and attempt to get the parties to reach a settlement.
What is mediation?
The first 10 amendments to the Constitution.
What is the Bill of Rights?
The people of some states, excluding Louisiana, can propose laws on their own by getting enough signatures on a petition to get a proposal on the ballot in the next election. This is called...
What is initiative?
In a criminal case, the defendant may not be forced to do this, but in a civil case he/she may.
What is testify?
When one private party is allegedly harmed by another private party, one may bring this in a court of law.
What is a civil action or civil lawsuit?
If one wishes to advocate for changing the U.S. tax code, one should target this level of government.
What is the national or federal government?
The 10th amendment gives powers that are not expressly delegated to the national government to the individual state governments known as...
What are the reserved powers?
The U.S. federal court system is organized into 94 districts, each with its own court, and 12 of these, each containing multiple states and its own court of appeals.
What are circuits?
Term for a law passed by a local government.
What is an ordinance?
The burden of proof on the plaintiff in a civil trial.
What is preponderance of the evidence or more probable than not?
This occurs often in contract disputes, such as in Major League baseball or organized labor, and is when parties agree to empower a neutral third party or panel to hear arguments by both sides and then make a binding decision on the issue(s).
What is arbitration?
This Constitutional principle states that governing power is shared between national and state governments.
What is federalism?
After a law if officially submitted to one of the chambers of Congress and given its first reading, it is sent here.
What is a standing committee?