Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
|
common law |
Role of judges in determining the meaning of laws. Each state creates its own body of law. Originated in England. Law is made up of prior cases. Problems: Law is not always clear or there is not precedent, and precedent can be modified |
|
|
civil law |
Relies more on legislation than judicial decisions for law. Founded in France. |
|
|
Stare decisis |
Follow case precedent. Allows people to act with more certainty and predictability. Judge might not follow stare decisis in a current case if the judge can distinguish the current case from the prior case. |
|
|
substantive law v. procedural law |
substantive: defines rights and duties procedural: deals with methods for enforcing those rights |
|
|
tort |
wrongful act or infringement of rights leading to civil legal liability |
|
|
statutes |
laws passed by Congress |
|
|
punitive damages |
Punishment for extremely wrong doing, such as breach of contract. Frequently awarded in intentional tort cases. |
|
|
Intentional tort |
Civil wrongdoing resulting from intentional act. Does not include negligence. Requires the plaintiff to prove defendant intended to cross. |
|
|
Injuction |
corrects past harms or prevents future harm |
|
|
compensatory damages |
Sanction for breach of contract. Dollar damages are given to victim |
|
|
specific performance |
Sanction for breach of contract commanding other party to perform a bargain as agreed |
|
|
negligent tort |
Not deliberate actions. When an individual fails to act as a reasonable person |
|
|
strict liablity |
plaintiff to prove that defendant has injured something proper to the plainiff |
