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GBL 385 Exam 1(Answered) Questions and Correct Answers, 100% Correct. 2024/2025.
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GBL 385 Exam 1(Answered) Questions and Correct Answers, 100% Correct. 2024/2025.
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GBL 385 Exam 1(Answered) Questionsand Correct Answers, 100% Correct.
2024/2025.
Jurisdiction
o A court's jurisdiction is set by law and limited by territory and type of case
o Is the authority of a court to hear and decide cases
o Courts settle disputes
A private party v. government
State v. United States Government
Individual v. individual
Separation of Powers
o Three branches of the government
Legislative
• Statutory Law
o Our legal representatives pass laws (both civil and criminal) in forms of statues and codes
Judiciary
• Case Law
Executive
• Administrative Law
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, Civil Law
o Anything that is not criminal in nature
o Proof needed: preponderance of the evidence
o Government v. private prosecutions
o The law of contracts, property, torts, employment, divorce, inheritance, tax and many other things
Criminal Law
o Civil infractions or Felony and misdemeanors
o Statutory in nature
o Proof needed: beyond reasonable doubt
Common Law
o Law made and applied, leading to precedents (stare decisis) by courts
o We adopted the common law from England
o Courts make law in the way that they interpret law (case law)
Precedent
o A similar case in the past that can be related to the current case
Equitable Powers of Courts
o If one is dissatisfied with the courts, you can appeal
Burden of Proof
o The standard or test we apply in a trial
o Changes depending on if civil or criminal. Civil would be if 50% of evidence points to something
Burden of Persuasion
o The issue regarding who must prove their version of the case.
Criminal case: government
Civil case: Plaintiff must prove their case
o Right to remain silent, right to confront witnesses, right to an attorney
Federal Supremacy
o Occurs when there is a literal conflict between state and federal measures, so that it is impossible to
follow both simultaneously and
o The federal regulation is pervasive and
o The state regulation is an obstacle to fulfilling the purposes of the federal law
This establishes that federal law takes precedent over all state and local law
Establishes that state laws must not conflict with federal laws
Role of the Jury
We use the jury to determine facts
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