Fundamentals & Core Concepts Flashcards

What is the difference between substantive law and procedural law?

Answer: Substantive defines rights and obligations while procedural establishes rules for enforcing those rights

Substantive law creates and regulates rights and duties; procedural law prescribes methods for enforcing them.

What is stare decisis and why is it important?

Answer: The doctrine that courts should follow precedent from prior judicial decisions

Stare decisis requires courts to follow legal principles established by higher courts in the same jurisdiction.

What are the three branches of the U.S. government and their functions?

Answer: Legislative (makes laws), executive (enforces laws), and judicial (interprets laws)

The three branches are: legislative (Congress) makes laws, executive (President) enforces laws, judicial (courts) interprets laws.

What is the hierarchy of law in the United States?

Answer: U.S. Constitution, federal statutes and treaties, federal regulations, state constitutions, state statutes, local ordinances

The U.S. Constitution is supreme, followed by federal statutes/treaties, federal regulations, state constitutions, state statutes, and local ordinances.

What is jurisdiction and what are the main types?

Answer: The authority of a court to hear a case; main types include subject matter and personal jurisdiction

Jurisdiction is the power of a court to hear and decide a case, requiring both subject matter and personal jurisdiction.

What is the role of a paralegal in the legal system?

Answer: Performs substantive legal work under attorney supervision including research, drafting, investigation, and client communication

Paralegals perform substantive legal work under attorney supervision, distinguished from clerical staff by their analytical capabilities.