Law in American Society Mr. Novak First Semester Final Exam Review Periods 1 & 5 1/8/09

Law in American SocietyLaw in American Society

Mr. NovakMr. Novak

First Semester Final Exam ReviewFirst Semester Final Exam Review

Periods 1 & 5Periods 1 & 5

1/8/091/8/09

How do you define laws?How do you define laws?

Laws are rules and regulations made Laws are rules and regulations made and enforced by government to and enforced by government to regulate people’s conduct.regulate people’s conduct.

All students in the U.S. are provided with All students in the U.S. are provided with free public education through high school. free public education through high school. What type of value is this? What type of value is this?

PoliticalPolitical

EconomicEconomic

MoralMoral

SocialSocial

Requiring citizens to pay taxes is Requiring citizens to pay taxes is based on what type of value?based on what type of value?

PoliticalPolitical

EconomicEconomic

MoralMoral

SocialSocial

What kinds of things are human rights What kinds of things are human rights violation and also a violation of the U.S. violation and also a violation of the U.S. Constitution?Constitution?

Gov’t orders all citizens to join a Gov’t orders all citizens to join a churchchurch

Police enter homes of all residents Police enter homes of all residents living in a high crime area & search living in a high crime area & search for guns & drugs.for guns & drugs.

Police torture a suspect into Police torture a suspect into confessing to a crime.confessing to a crime.

Where do the laws come from that U.S. Where do the laws come from that U.S. citizens are supposed to obey?citizens are supposed to obey?

Congress Congress

Administrative AgenciesAdministrative Agencies

State Legislatures State Legislatures

If a local council passed an ordinance If a local council passed an ordinance making it illegal for people to gesture in a making it illegal for people to gesture in a

way that makes other people feel way that makes other people feel uncomfortable…it would be…uncomfortable…it would be…

LegalLegal

EnforceableEnforceable

Beyond the power of the local council Beyond the power of the local council to enactto enact

Vague and therefore unenforceableVague and therefore unenforceable

Who are considered to be the hidden Who are considered to be the hidden lawmakers, making rules & regulations lawmakers, making rules & regulations

that affect business & industry?that affect business & industry?

Administrative AgenciesAdministrative Agencies

What must occur for the U.S. to be What must occur for the U.S. to be subject to an international treaty?subject to an international treaty?

The president must sign & 2/3 of the The president must sign & 2/3 of the U.S. Senate must ratify it.U.S. Senate must ratify it.

What do agencies usually hold before What do agencies usually hold before issued proposed regulations?issued proposed regulations?

Public HearingsPublic Hearings

What does lobbying do?What does lobbying do?

Lobbying is a way to influence Lobbying is a way to influence lawmakers to vote in a certain way.lawmakers to vote in a certain way.

What is an example of lobbying?What is an example of lobbying?

A person writes a letter to their state A person writes a letter to their state representative requesting more representative requesting more money for schools.money for schools.

What is a recall?What is a recall?

When residents in one state vote on When residents in one state vote on election day whether or not to election day whether or not to remove their governor from office.remove their governor from office.

Where do the highest voter turnout Where do the highest voter turnout in national elections take place?in national elections take place?

The World’s New Democracies.The World’s New Democracies.

What person in criminal case What person in criminal case advocatesadvocates

Defense attorneyDefense attorney

In what type of case can going to court In what type of case can going to court instead of using mediation or negotiation instead of using mediation or negotiation

sometimes make things worse?sometimes make things worse?

DivorceDivorce

What does settlement generally What does settlement generally resolve?resolve?

Civil cases that have been filed in Civil cases that have been filed in court.court.

What part of negotiation would it be common What part of negotiation would it be common to establish a sincere interest in settling the to establish a sincere interest in settling the conflict and clearly identifying the source of conflict and clearly identifying the source of the conflict?the conflict?

Preparation for NegotiationPreparation for Negotiation

What do ombudspersons do?What do ombudspersons do?

Investigate complaints & help parties Investigate complaints & help parties reach agreements.reach agreements.

What is true about Native American What is true about Native American tribal groups?tribal groups?

The U.S. government has delegated The U.S. government has delegated power to tribal groups to re various power to tribal groups to re various aspects of tribal life, including the aspects of tribal life, including the environment.environment.

What occurs in both civil & criminal What occurs in both civil & criminal courts?courts?

Listen to testimonyListen to testimony

Consider evidenceConsider evidence

Decide the factsDecide the facts

What occurs within the inquisitional What occurs within the inquisitional system?system?

The judge is active in questioning the The judge is active in questioning the witnesses.witnesses.

What is involved with selecting What is involved with selecting jurors for a trial?jurors for a trial?

Voir direVoir dire

Removal for causeRemoval for cause

Peremptory challengesPeremptory challenges

What kind of statement can a justice write What kind of statement can a justice write when they do not agree with the majority of when they do not agree with the majority of

the justices on the court?the justices on the court?

Dissenting opinionDissenting opinion

What type of case is it when a lawyer sues What type of case is it when a lawyer sues another lawyer for a serious error that another lawyer for a serious error that

caused a client to lose their case?caused a client to lose their case?

Legal malpracticeLegal malpractice

What is it called when an attorney charges a What is it called when an attorney charges a client a percentage of what the client wins in client a percentage of what the client wins in

a case?a case?Contingency feeContingency fee

Where do most lawyers work?Where do most lawyers work?

In private practiceIn private practice

What’s the best way to find a What’s the best way to find a lawyer to help you?lawyer to help you?

Get a recommendation from Get a recommendation from someone who had a similar problem someone who had a similar problem resolved satisfactorily.resolved satisfactorily.

What is true about the crime rate What is true about the crime rate recently?recently?

Both violent crime & property crime Both violent crime & property crime rates have been going down in rates have been going down in recent years.recent years.

What is true about gangs?What is true about gangs?

Some young people join gangs to feel Some young people join gangs to feel a sense of belonging.a sense of belonging.

What have researchers identified as a What have researchers identified as a factor that puts young people at risk for factor that puts young people at risk for

gang involvement?gang involvement?PovertyPoverty

Ho has the U.S. Supreme Court Ho has the U.S. Supreme Court interpreted the 2interpreted the 2ndnd Amendment? Amendment?

The state has a right to maintain a The state has a right to maintain a militia. militia.

What is an argument that supports a What is an argument that supports a constitutional amendment to grant victims constitutional amendment to grant victims

greater rights in criminal cases?greater rights in criminal cases?

Victims are not a party to a criminal Victims are not a party to a criminal case and too often are ignored.case and too often are ignored.

What are example of preliminary What are example of preliminary crimes?crimes?

Solicitation, attempt, & conspiracy. Solicitation, attempt, & conspiracy.

If a person is waiting around the corner in a If a person is waiting around the corner in a getaway car. After their friend, robs a bank, getaway car. After their friend, robs a bank, and they pick up their friend and drive off to and they pick up their friend and drive off to

Mexico they will be charged with…Mexico they will be charged with…

AccompliceAccomplice

If a person holds a gun on spectators as If a person holds a gun on spectators as another person proceeds to empty their pocket another person proceeds to empty their pocket of money & valuables. The first person would of money & valuables. The first person would

be charged as the…be charged as the…

PrincipalPrincipal

If a person returning from Africa brings what If a person returning from Africa brings what they believes is ivory in2 the U.S., and its illegal they believes is ivory in2 the U.S., and its illegal

to bring ivory in2 the country. However, the to bring ivory in2 the country. However, the item is really made of plastic, what have they item is really made of plastic, what have they

done?done?

No crime was committedNo crime was committed

If the jury determines that this defense If the jury determines that this defense exists, the defendant can still be convicted exists, the defendant can still be convicted

of some crime.of some crime.

IntoxicationIntoxication

A person awakes at night while someone is A person awakes at night while someone is stealing their car. The victim takes their gun stealing their car. The victim takes their gun and chases the thief in their wife’s car. The and chases the thief in their wife’s car. The victim shoots and kills the driver. The victim victim shoots and kills the driver. The victim

is…is…Guilty of criminal homicide and has Guilty of criminal homicide and has no defense.no defense.

A person has been hospitalized during acute psychotic A person has been hospitalized during acute psychotic episodes seven times. While out in the community, episodes seven times. While out in the community, they order in a restaurant. They feel they are being they order in a restaurant. They feel they are being slighted and even though they know its wrong, they slighted and even though they know its wrong, they pull out a gun and shoot the cook dead. They are pull out a gun and shoot the cook dead. They are

charged with criminal homicide and found…charged with criminal homicide and found…

Guilty and will not have the defense Guilty and will not have the defense of criminal insanity. of criminal insanity.

What does legislative intent mean?What does legislative intent mean?

When judge examine what the When judge examine what the lawmakers meant by enacting a law lawmakers meant by enacting a law in order to interpret an unclear law.in order to interpret an unclear law.

What is the Supremacy Clause?What is the Supremacy Clause?

Porting of the Constitution that Porting of the Constitution that states, “ the Constitution and Laws of states, “ the Constitution and Laws of the United States shall be the the United States shall be the supreme law of the land.”supreme law of the land.”

What are checks & balances?What are checks & balances?

System designed to prevent any one System designed to prevent any one branch of the federal government branch of the federal government from becoming too powerful.from becoming too powerful.

What is federalism?What is federalism?

Division of power between the states Division of power between the states and the federal government.and the federal government.

What are the Bill of Rights?What are the Bill of Rights?

Guarantees the fundamental rights & Guarantees the fundamental rights & liberties of all Americans.liberties of all Americans.

Who has the power to pass statutes Who has the power to pass statutes binding on the people of every state?binding on the people of every state?

CongressCongress

Under what authority does the Supreme Court Under what authority does the Supreme Court strike down one state’s claim that there is a strike down one state’s claim that there is a

constitutional right to die?constitutional right to die?

Supremacy ClauseSupremacy Clause

What is an example of a vague What is an example of a vague law?law?

If a person is charged with a criminal If a person is charged with a criminal violation of loitering for an violation of loitering for an unreasonable amount of time.unreasonable amount of time.

What is the other piece to the U.S. What is the other piece to the U.S. Constitution that is the supreme law of the Constitution that is the supreme law of the

land?land?

Ratified treatiesRatified treaties

What is a precedent?What is a precedent?

Court-made lawCourt-made law– When a decision by the upper courts is When a decision by the upper courts is

used to decide cases in lower courts. used to decide cases in lower courts.

What do some critics say about What do some critics say about lobbying?lobbying?

They say this type of advocacy is They say this type of advocacy is called “buying legislation.”called “buying legislation.”

What is the requirement prior to What is the requirement prior to voting in an election?voting in an election?

RegistrationRegistration

What is the term for restrictions on What is the term for restrictions on donations to individuals seeking election?donations to individuals seeking election?

Campaign Finance ReformCampaign Finance Reform

What is it called when voter approval or What is it called when voter approval or rejection is needed for legislation?rejection is needed for legislation?

ReferendumReferendum

What is a group of advocates who What is a group of advocates who support a specific cause called?support a specific cause called?

Special Interest GroupSpecial Interest Group

When a resolution cannot be When a resolution cannot be further challenged it is…?further challenged it is…?

BindingBinding

What are the initial discussions between people What are the initial discussions between people in conflict without the presence of third parties in conflict without the presence of third parties

called?called?

Informal TalkInformal Talk

What is the formal process using What is the formal process using judge & juries to resolve conflicts?judge & juries to resolve conflicts?

Court ActionCourt Action

When the process is less formal than a trial in When the process is less formal than a trial in which a 3which a 3rdrd party listens to both sides & decides party listens to both sides & decides

the outcome of the dispute…its called…?the outcome of the dispute…its called…?

ArbitrationArbitration

What is the process called when a 3What is the process called when a 3rdrd party party listens to both sides & helps them decide the listens to both sides & helps them decide the

outcome of the dispute for themselves?outcome of the dispute for themselves?

MediationMediation

If 2 neighbors have a dispute about the noise & If 2 neighbors have a dispute about the noise & dirt coming from 1 neighbor’s construction of a dirt coming from 1 neighbor’s construction of a new addition 2 the home. They have talked new addition 2 the home. They have talked about it a few times, but the conflict has not about it a few times, but the conflict has not been resolved. How should this dispute be been resolved. How should this dispute be resolved?resolved?

MediationMediation

Negotiation Negotiation

Court ActionCourt Action

Informal TalkInformal Talk

ArbitrationArbitration

A manufacturer of a children’s toy refuses 2 A manufacturer of a children’s toy refuses 2 answer questions from families w/ children who answer questions from families w/ children who have been injured by the toy. How should this have been injured by the toy. How should this

dispute be resolved?dispute be resolved?

MediationMediation

Negotiation Negotiation

Court ActionCourt Action

Informal TalkInformal Talk

ArbitrationArbitration

Kelly agreed to wait in line & buy 2 tickets – 1 Kelly agreed to wait in line & buy 2 tickets – 1 for herself & 1 for her friend Tina – 2 go 2 a for herself & 1 for her friend Tina – 2 go 2 a

concert that’s being held on Friday. After Kelly concert that’s being held on Friday. After Kelly uses her own $ 2 buy both tickets, Tina gets uses her own $ 2 buy both tickets, Tina gets

sick & can’t go 2 the concert. Kelly still wants sick & can’t go 2 the concert. Kelly still wants Tina 2 pay 4 her ticket since Kelly can’t get a Tina 2 pay 4 her ticket since Kelly can’t get a

refund or find another buyer. Tina doesn’t want refund or find another buyer. Tina doesn’t want 2 pay since she can’t go 2 the concert. How 2 pay since she can’t go 2 the concert. How

should this dispute be resolved?should this dispute be resolved?MediationMediationNegotiation Negotiation Court ActionCourt ActionInformal TalkInformal TalkArbitrationArbitration

Abe traded his headphones for his friend Stan’s Abe traded his headphones for his friend Stan’s headphones. Later he wanted 2 get his headphones. Later he wanted 2 get his

headphones back b/c he didn’t think he got a headphones back b/c he didn’t think he got a good deal. How should this dispute be good deal. How should this dispute be

resolved?resolved?

MediationMediation

Negotiation Negotiation

Court ActionCourt Action

Informal TalkInformal Talk

ArbitrationArbitration

A union refuses 2 ratify a new contract b/c the A union refuses 2 ratify a new contract b/c the employer wants the members 2 pay 4 their own employer wants the members 2 pay 4 their own health insurance premiums. How should this health insurance premiums. How should this

dispute be resolved?dispute be resolved? MediationMediation

NegotiationNegotiation

Court ActionCourt Action

Informal TalkInformal Talk

ArbitrationArbitration

What is the trial system in the U.S. What is the trial system in the U.S. called?called?

Adversary systemAdversary system

Who is considered the finder of Who is considered the finder of facts in a trial?facts in a trial?

JuryJury

What is it called when a request is made What is it called when a request is made by 1 party in a lawsuit that a judge take by 1 party in a lawsuit that a judge take

some specific action?some specific action?MotionMotion

What is it called when a prospective juror What is it called when a prospective juror is stricken without stating a reason?is stricken without stating a reason?

Peremptory ChallengePeremptory Challenge

What is the person called who brings a What is the person called who brings a lawsuit against another person?lawsuit against another person?

PlaintiffPlaintiff

Who is the person who represents criminal Who is the person who represents criminal defendants who are too poor 2 hire a lawyer?defendants who are too poor 2 hire a lawyer?

Public DefenderPublic Defender

What’s the organization called that What’s the organization called that represents civil litigants who are too poor 2 represents civil litigants who are too poor 2

hire a lawyer?hire a lawyer?

Legal Aid OrganizationLegal Aid Organization

What is the standard of conduct What is the standard of conduct called that guide lawyers’ conduct?called that guide lawyers’ conduct?

Code of Professional Responsibility Code of Professional Responsibility

What’s the privilege called that ensures What’s the privilege called that ensures that information shared w/ your attorney is that information shared w/ your attorney is

private?private?

Attorney-Client PrivilegeAttorney-Client Privilege

What type of payment plan is it in which the What type of payment plan is it in which the lawyer’s fees are deducted from the winnings in lawyer’s fees are deducted from the winnings in

the case?the case?

Contingency (fee)Contingency (fee)

What is another name for a repeat What is another name for a repeat offender?offender?

RecidivistRecidivist

What is a source of increasing concern; which What is a source of increasing concern; which includes violent assaults, hate crimes, & includes violent assaults, hate crimes, &

property crime?property crime?

Crime on CampusCrime on Campus

In this, most members are males who are In this, most members are males who are pessimistic about their future opportunities?pessimistic about their future opportunities?

GangGang

What reports the frequency of What reports the frequency of crimes?crimes?

Crime ClockCrime Clock

What is the sum of violent crimes & What is the sum of violent crimes & property crimes?property crimes?

Crime IndexCrime Index

What type of crime is sometimes criticized as a What type of crime is sometimes criticized as a threat 2 our 1threat 2 our 1stst Amendment freedoms? Amendment freedoms?

Conspiracy Conspiracy

Examples of this include Examples of this include intentionally, knowingly, or willfully?intentionally, knowingly, or willfully?

Guilty State of MindGuilty State of Mind

Any crime for which the potential penalty is Any crime for which the potential penalty is imprisonment for 1 year or less…imprisonment for 1 year or less…

MisdemeanorMisdemeanor

Any crime for which the potential penalty is Any crime for which the potential penalty is imprisonment for more than 1 year…imprisonment for more than 1 year…

FelonyFelony

Each must be proved by the prosecutor beyond Each must be proved by the prosecutor beyond a reasonable doubt to win a conviction?a reasonable doubt to win a conviction?

Element Element

A verdict under which the defendant is sent to a A verdict under which the defendant is sent to a mental hospital until they recover & then mental hospital until they recover & then

transferred 2 prison?transferred 2 prison?

Guilty but Mentally Ill Guilty but Mentally Ill

This defense is used whereby the defendant This defense is used whereby the defendant admits committing the crime, but claim they admits committing the crime, but claim they

were persuaded 2 do so by a law enforcement were persuaded 2 do so by a law enforcement officer.officer.

Entrapment Entrapment

This defense used whereby the defendant This defense used whereby the defendant claims they were not the 1 who did the killing?claims they were not the 1 who did the killing?

AlibiAlibi

This defense used whereby the defendant This defense used whereby the defendant claims they were threatened w/ immediate claims they were threatened w/ immediate

danger 2 life or safety it they did not commit the danger 2 life or safety it they did not commit the crime?crime?

DuressDuress

Defense that, along w/ the defense of Defense that, along w/ the defense of duress, cannot be used as a defense to duress, cannot be used as a defense to

homicide?homicide?

Necessity Necessity