What are the two parts of the U.S. Constitution?

1. What are the two parts of the U.S. Constitution? • The main body and the amendments

2. The U.S. Constitution is a grant of power from? • The states to the federal government

3. The first ten amendments are known as? • The Bill of Rights

4. Is the right to privacy included in the bill of rights? • No (read into the 4, 5, 9, 14th amendments

5. Is separation of church & state in the constitution? • No, it’s read into the constitution. (What IS in the constitution = there can be no state religion)

6. Is health care a constitutional right? • No

7. What did the 14th amendment do in 1870? • Made the Bill of Rights applicable to the states

8. What are the three branches of the government? • Legislative (makes the laws), • Executive (administers the laws), • Judicial (interprets laws – supposedly don’t make law but it does)

9. In the federal system, what courts are below Courts of Appeal? • District Courts (Original Jurisdiction Trial Courts)

10. What court is above the Courts of Appeal? • The U.S. Supreme Court

11. In the military system, what court is below the U.S. Supreme Court? • The U.S. Court of Appeals for the Armed Services

12. What court is below the U.S. Court of Appeals for the Armed Services? • Court of Criminal Military Appeals for each branch of the military

13. From the lowest to the highest, name the courts in a typical state system. • Limited Jurisdiction Inferior Courts (small claims, traffic court)  • General Jurisdiction Trial Courts  • First Level Appellate Courts  • State Supreme Court

14. How many appellate levels are in the military system? What are they? • Three – • Service specific Court of Military Criminal Appeals, • U.S. Court of Appeals for the Armed Services, • U.S. S.Ct.

15. What kind of courts is equal to trial courts in each of the branches the military system? • Service specific Courts-martial

16. Which four courts can send cases directly to the Supreme Court? • The Court of Claims and • other Special Courts, • Courts of Appeals, and • State Supreme Courts

17. Define law • A system of rules that defines socially acceptable behavior and sets punishments for violations

18. Statutory – • enacted by legislation

19. Common – • case/judge made law (unwritten law of Old England)

20. Administrative – • rules/regulations

21. Public – • relationship of individual to government

22. Private – • people to people (between individuals)

23. Substantive – • “guts” of the law

24. Procedural – • lawyers use to guide cases

25. Criminal – • crimes and punishment

26. Civil – • everything else

27. What is another name for Common Law? • Judge made law

28. What is the Common Rule and what type of law is it? • Rule covering human subject researchAdministrative

29. List three other types of administrative law • DoD Regulations, • OSHA Regulations, • Army/Air Force/Navy/Marine Corps Regulations

30. Ferris v. United States is what type of law? • Common Law (judge made)

31. What is the Uniform Anatomical Gift Act? • Right to make gift while you are alive of a body part when you are dead

32. Is the Uniform Code of Military Justice administrative or criminal law? • Criminal

33. What right does the Patient Self-Determination Act give the patient? • Right to information and self-directives

34. What is the statute of limitations for torts? • 1 to 2 ½ years

35. What is the statute of limitations for contracts? • 4 – 6 years

36. Is clear and convincing evidence or preponderance of evidence required in civil or criminal court? • Civil court • (Beyond a reasonable doubt for criminal)

37. Is trial by jury guaranteed in a criminal or civil court? • Criminal

38. Who is harmed in a criminal case and who is harmed in a civil case? • Society is harmed in a criminal case; • an individual is harmed in a civil case

39. To what extent must someone be convicted in criminal court? • Beyond a reasonable doubt

40. Who decides to proceed with prosecuting a case in a rape case? • District attorney or prosecutor

41. What is “self help” and in what type of law is it applicable? • Decision to pursue is the individual’s – • Civil

42. Is Tort Law criminal or civil? • Civil

43. List three other types of civil law • Contract Law, • Domestic Relations, • Probate Law

44. What are two types of criminal law? • General Criminal Law and Military Law

45. What is “Conflict of Laws”? • Deals with questions arising out of jurisdiction (What law should be applied, what court has jurisdiction, or how laws of different jurisdictions shall be reconciled)

46. Define a tort • A non-contractual, civil wrong, committed against a person or his/her property for which a court may award a remedy in damages

47. Describe the anatomy of a civil lawsuit in order. Briefly describe each component. • Complaint - the plaintiff’s first pleading in a civil suit

48. Describe the anatomy of a civil lawsuit in order (Cont.) • Answer - the legal pleading through which a defendant responds to the allegations of the plaintiff

49. Describe the anatomy of a civil lawsuit in order (Cont.) • Discovery – the fact-finding stage in a lawsuit where the parties find out about each other’s case

50. Describe the anatomy of a civil lawsuit in order (Cont.) • Trial - pre-trial motions, opening statements, evidence presented, closing, verdict/judgment, post-trial motions