TEST 1: CHAPTER 1,2,3,4,, 60 ques6ons- TRUE/FALSE. Extra credit- ir a charlas Delegator power: The state government gives up certain powers they can't use them or act on them they delegate them to the federal government which means only the federal government can do these things (Declare war). Poderes que renuncian los estados para delegarlos a un poder central. Shared power: Both have the power federal government and the state. They both can do these acts and that would be like taxes, transporta6on. (Ambos poderes de gobierno federal y del estado) Federal law vs the state law: Who wins and what do we call it? The federal government would win, and we call it federal supremacy. Can the federal government come in here in New York and arrest that you with marijuana? Yes. Living Document Theory: The Cons6tu6on, we should interpret it to fit our needs. Today it's alive. So we're going to make it very flexible for what we want. The bedrock theory: uses bold is bedrock. It stays this way. This is the Cons6tu6on, the way it was wriZen. This is the way it will stay. If something is dras6cally wrong, get an amendment. Three parts of government: Judicial , Legisla6ve, and execu6ve. Eminent domain: give government the power to take your property. Can states have their own law? Yeah. Do we have our own matrimonial or divorce law? Yeah. We have our own educaFon law? yeah. We have our own of word. What is commerce? It's basically goods, services, transporta6on, that's commerce, it's business. Does the federal government get involved with commerce as opposed to the state? Yeah. When it comes to between stage, right, like when it's between states, that's when the federal government jumps in. Interstate right that's between the states that's when the fed young. Grain jury: Criminal jury. They do not decide guilt or innocence they merely decide that there's enough evidence to bring the case on they do not. JNOV- judgment notwithstanding the verdict . When a judge goes against what the jury. I'm going the opposite way; people made a mistake because the light can only go. Criminal case, you can't someone found innocent, you can't make sure. DefamaFon: lies about something. it's saying an untruth. Element of defamaFon: From your case, third party publica6on, which means it's not defama6on unless I say it in front of the third party or less. I write it and give it to a third party if I just say it between you and I. It's not defama6on, and that element is called publica6on. QuesFon 41: What do we call oral defama6on? Really begins with SRL. Which one? Moral Definite defama6on. Establishment Clause: is the government can't create a religion. To recognize your rela6on with more than another, from more than an atheist, they have to be neutral. All trials must have a jury true or false? False Direct examinaFon: you direct. You ques6on your own witness when you ques6on your own witness or your ques6on by your own lawyer. (Cues6onas a tu propio tes6go cuando interrogas a tu propio tes6go o a la pregunta de tu propio abogado) Crossing examinaFon is the act of the opposing party ques6oning the witness during a trial. Freedom of religion is an absolute right. True or false? False
Right of privacy: Touch your personal body, No a cop can if they are in immediate danger, they feel threatened. if their life isn't dead, but right and privacy means we have a right to be protected from unreasonable search. What is a general jurisdicFon mean with a court? They have general jurisdic6on. The court has the ability to hear many types of cases. Generally, if they're limited to what they can hear, we say they have special or limited jurisdic6on and that would be like your family court, traffic court, they have limited as to what they can actually do. Who is the party that commences the lawsuit? What we call that person? - Plain6ff: The person who starts a civil case, also called the complainant. - Plea: An accused persons answer to a criminal charge. Can a defender in criminal case refuse? yes, an aZorney can absolutely refuse to defend someone. Voir dire exam : process through which poten6al jurors from the venire are ques6oned by either the judge or a lawyer to determine their suitability for jury service. Raw dear: when you're selec6ng a jury. That's the ques6ons you asked the jurors. Q12: Front page newspaper test: asking yourself if you - as a reader of a newspaper - would agree with the decision you're making based on it being printed on the front page. If you're in a decision where you have a dilemma, should I do this or not do it? Think what I want, what I'm about to do. Do you have a job? What can you take from the defendant? Yes. You can garnish part of their salary some6mes that's all that's leg. So, you're allowed to do that if you have a judgement against somebody. Doctrine called Stare Decisis . It means that a court is hearing a certain issue or deciding a new law for the first 6me. When the court renders their decision. That decision will be known as a precedent or precedent. It proceeds decisions that will come out later. If it's not clear they're legislators have to pass a new law. Who is the baseball song and who owns Amazon? It's the base sauce. So his newspaper saying I'm not a bad guy. So newspaper ar6cle said, well, they don't think it's bad. Yeah, he owns the newspaper. What is the full faith and credit law of the ConsFtuFon? Full faith and credit law? Both faith and credit say if a state has the law. It may be different than our state. But if that law is applicable in a trial for whatever reason, we will honor that law because it happened in that state. So we will honor it. We'll say that we don't really like pros6tu6on, but it's allowed in that one county in Nevada and then the person did not get paid. We're going to let them sue for it and New York. What are those two documents? The plain6ff starts their lawsuit with a document where they're alleging stuff about the defendant that's called the complaint, that's their end of the please. And the defendant come back with answer. Third party: that people have a dispute. They do not want to go to the court and spend a lot of money and a lot of 6me wai6ng for a decision or outcome. Both par6es will contact someone that they both select and trust, and they will let that person render a decision on their dispute. They'll sign something that you figh6ng. Court with appellate jurisdicFon: They can overturn your decision. The appellate division, the appellate jurisdic6on, they basically just read what happened below. From the transcripts of the tes6mony to the briefs of the aZorneys. The memorandums of law, they do not bring in witnesses. It's not a new trial. They basically just read and read. Highest court in New York State? The Court of Appeals. Statute of limitaFons: it's the 6me period within which you must bring your claim several criminals doesn't maZer there's so many years months days where you must bring your plane if you don't do it within that 6me period is over. MoFon: when an aZorney request the court for some kind of relief. I need this, I need that, then when I say court to judge and that's a mo6on is many different types and then a court will render a decision based on that mo6on. Counterclaim: when the defendant has a claim against the plain6ff which is what you were saying buteal people involved. (cuando el demandado 6ene una demanda contra el demandante que es lo que decían personas involucradas.) DeposiFon: try to discover what this witness has to say, it's done underoath. There's usually done in a lawyer 's office. It can be in a courtroom, but it's not a court proceeding. You're just using the court. And you can ask preZy much any ques6on. And you try to find out.
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