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Allegany College of Maryland

American Courts and Legal Systems, Criminal Justice 108

Dr. Lowell Markey

Important Terms and Concepts

Links to specific chapters:

Chapter 2	Chapter 3	Chapter 4	Chapter 5
Chapter 6	Chapter 7	Chapter 8	Chapter 9
Chapter 10	Chapter 11	Chapter 12	Chapter 14

Chapter 2

Law
What branch of government makes statutory law? ....common law?
What is the historical origin of common law in the United States?
Stare decisis
Judicial precedent
Equity
What is the present status of courts of equity or chancery courts in the United States?
Positive law
Distinguish code law countries from common law countries
Distinguish the role and function of courts in code law and common law countries
What is the historic origin of the code law tradition in the United States?
Which is superior: statutory or common law?

Chapter 3

Sovereignty
The Supremacy Clause of the U.S. Constitution
Judicial review
Marbury v. Madison
Conflict of laws
Due process: Substantive and Procedural
Substantive and Procedural law
Civil, Criminal, and Administrative Law

Chapter 4

Jurisdiction
Subject Matter Jurisdiction
Federal Courts - courts of limited jurisdiction
Federal question jurisdiction
Exclusive jurisdiction of the federal courts
Diversity jurisdiction
Federal Court System

U.S. District Courts
U.S. Circuit Courts of Appeal
U.S. Supreme Court

Trial courts: one judge; juries find facts; judges decide all issues of law
Appellate Courts: collegial decision-making (more than 1 judge or justice); reviews decisions of lower courts for legal error
General jurisdiction
Trial courts and top appellate court of your state system (or Maryland)
"Black letter law"
Positive law (review from Chapter 2)
Case law

Chapter 5

General requirements or marriage
Common law marriage
Prenuptial or antenuptial agreement
Annulment
Separation
Legal Separation
Issues to be considered on separation (temporary alimony, etc.)
Protective Order
Issues to be considered in protective order (possession of martial home, etc.)
Divorce
General grounds for divorce
Issues to be considered in divorce order (alimony, child custody, etc.)
Equitable distribution or division
Alimony
Factors to be considered in awarding child custody
Paternity
Who can start a paternity action?
Adoption

Property

Intangible vs. tangible property
Personal property or personalty
Distinguish personal property from real estate or realty
Fixture
Purchase
Accretion
Lost property - definition and finder's rights and duties
Mislaid property - definition and premise owner's rights
Abandoned property - common law rule for finder
Confusion/commingling
Elements necessary for a valid gift
Inheritance
Bailment - definition and rules for bailment for hire
Real property or realty
Estate
Fee Simple
Joint Tenancy
Tenants in the Entirety (some states)
Tenants in Common
Life Estate
Leasehold Estate
Tenancy at Will
Mineral Rights
Easement
Covenant

Contracts

Contract
Breach
Elements of Enforceable Contract

Agreement
Competent parties - Capacity to contract
Genuine Mutual Assent of Parties

Offer and Acceptance

Supported by Consideration
Does not violate law or public policy
Requirement for Writing controlled by Statute of Frauds

Example Defenses

Duress or undue influence
Fraud or misrepresentation
Mutual mistake of fact
Incompetent party

Remedies for Breach

Compensatory damages
Specific performance

Testament - Testator
Intestate
Intestate Succession
Devise - Bequest
Probate
Holographic Will
Competency to make a will
Challenges to a will
Distinguish probate from non probate estate
Power of Attorney - Personal and Business; Medical
Living Will

Chapter 6

How to select an attorney
Attorney fee arrangements

Contingency fee
Flat fee
Hourly rate
Client's obligation to pay expenses and court costs

Cause of Action
Workers' Compensation
Tort
Intentional Tort
Negligence

Elements of a negligence action
Proximate Cause and Duty

Products Liability

Strict liability
Elements of a strict liability, products liability case

Defenses
Affirmative Defenses

Contributory or comparative negligence
Assumption of the risk
Statute of Limitations

Chapter 7

Role of rules of civil procedure
Pleadings

Complaint
Answer

Docket

Court's list of active or pending cases
Calendar for a particular court or judge
Docket sheet for each case

Summons
Service of Process
Discovery
Tools of discovery

Interrogatories
Depositions
Requests for production

Subpoena

Chapter 8

Voir Dire
Juror challenges for cause
Preemptory challenges of potential jurors
How many jurors in a federal civil trial?
Order of proof (which party puts on their case in chief first?)
Order of examination of witness

Direct
Cross
Redirect
Recross

Qualifications of an expert witness
Burden of proof
Prima facie case
Judge's charge to the jury
Verdict

General verdict
Special verdict

Judgment

Chapter 9

Court caseload

Most cases settled before trial

Alternative Dispute Resolution

Mediation
Conciliation
Arbitration - binding vs. nonbinding

German civil procedure - Contrast with U.S. procedure

Trial in the first instance
Number of judges at trial
Calling and examination of witnesses
Apportionment of attorney fees

Chapter 10

Parties to a criminal action
Rules of criminal procedure
Government's burden of proof - beyond a reasonable doubt
Remedies

Fine
Incarceration
Other restriction of liberty - parole, probation
Alternative sentencing

Felony
Misdemeanor
Arrest
Arrest warrant
Initial appearance
Bail
Search warrant
Preliminary hearing or examination

Chapter 11

Nolle prosequi
Plea bargaining
Grand jury
Indictment - Information
Sentencing Grid
Arraignment

Chapter 12

Criminal Discovery

Statement of defendant
Defendant's prior record
Documents and tangible objects
Reports of examinations and tests
Expert witnesses

Exculpatory evidence - prosecutor's duty

Chapter 14

Power and authority of administrative agencies delegated by legislative branch
Rulemaking and adjudicatory powers
Reasons for delegation of regulatory power from legislative branch to agencies
Library sources for agency rules
Administrative Procedure Acts - federal and state
Laws controlling agency procedure
Due process requirements for agency rulemaking
Adjudicatory hearings

Less formal than court
Administrative law judge or hearing examiner
Due process requirements for agency adjudicatory hearings

Judicial review
Exhaustion of administrative remedies

For more information contact:
Dr. Lowell Markey
Professor of Political Science
Allegany College of Maryland
Willowbrook Road
Cumberland MD 21502-2596

Telephone: 301-784-5300
Internet e-mail: lowell@ac.cc.md.us

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