05.03.02 Business And Legal Rules

Front 1

________ is a legal principle that an aggrieved or injured plaintiff may have contributed to his or her injury by being negligent of the obvious and known conditions. Careless driving and driving without using a seat belt are examples of contributory negligence. When compared with the negligence of the defendant, the extent of contributory negligence may defeat the attempt to recover damages or may reduce the amount of the award.

Back 1

Contributory Negligence

Front 2

________ is a form of legal immunity that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, although they can still be expelled.

Back 2

Diplomatic Immunity

Front 3

_________ is the conduct of legal proceedings strictly according to established principles and procedures, laid down to ensure fair trial for every accused. Because the infallibility of court judgments cannot be guaranteed, the legal system aims to secure this second-best but possible option. The guaranty of due process means no accused is punished without an orderly and adequate procedure that is applicable uniformly in all cases. Under a due process, every accused gets an advance notice of trial, and an opportunity to be present, to be heard, and to defend himself or herself. It also includes the rights to (1) legal counsel, (2) confront and cross examine the witnesses, (3) refuse self-incriminating testimony, and (4) have a crime proven by proof beyond a reasonable doubt.

Back 3

Due Process

Front 4

________ is the legal doctrine of the right and inherent power of a government to take private property (such as land) for public use (such as for bridges, canals, roads) on reimbursing the owner with fair market value of the property. Although the concept of eminent domain is not a part of common law, in international law the state is regarded as the representative-owner of the national territory and all property within its national boundaries. See also confiscation and expropriation.

Back 4

Eminent Domain

Front 5

________ is the right of an adult to make a legally binding mutual agreement with one or more other persons, without governmental interference as to what type of obligations he or she can take upon himself or herself.

Back 5

Freedom of Contract Rule

Front 6

________ is the doctrine that evidence that has been obtained as the result of an illegal act on the part of law enforcement personnel (such as a warrantless search, or continued questioning of a witness who has invoked
the right of counsel), and which is therefore excluded from being admitted as evidence in a trial.

Back 6

Fruit of the Poisonous Tree Rule

Front 7

________ is the doctrine that no governmental body can be sued unless it gives permission. This Sovereign immunity may also apply to federal, state, and local governments within the United States, protecting these governments from being sued without their consent. The idea behind domestic sovereign immunity—also called governmental tort immunity—is to prevent money judgments against the government, as such judgments would have to be paid with taxpayers' dollars.

Back 7

Governmental Immunity Rule

Front 8

________ means ignorance of the law is no excuse.

Back 8

Ignorantia Juris Non Excusat

Front 9

________ is the doctrine of sovereign immunity is based on the tenet that the ruler can do no wrong. Public policy grounds for granting immunity from civil lawsuits to judges and officials in the Executive Branch of government survive even today. Members of Congress and state legislators are absolutely immune from civil lawsuits for their votes and official actions. Prosecutors are absolutely immune for their actions during a trial or before a Grand Jury. Police and prison officials may be granted qualified immunity.

Back 9

Official Immunity Rule

Front 10

________ is the inherent power, incident to sovereignty, of a state to regulate and exercise reasonable control over matters of public health, public morals, public safety, and in general, all things relating to the general welfare.

Back 10

Police Power Rule

Front 11

________ is a fundamental principle under which every defendant who enters a criminal trial is presumed to be innocent under common-law system (prevalent in the UK, USA, British Commonwealth, and some other countries). This presumption remains valid until he or she is proven guilty in the due process of law. It is the prosecutor's (government's) burden to prove guilt beyond a reasonable doubt, the defendant is under no obligation to prove his or her innocence except in the rebuttal of the evidence presented.

Back 11

Presumption of Innocence Rule

Front 12

________ is something for something. Reciprocal mutual consideration whereby one party gives a concession to another in exchange for an equally valuable concession. Latin for, what for what.

Back 12

Quid Pro Quo Rule

Front 13

________ is a fictional person used as a comparative legal standard to represent an average member of society and how he or she would behave or think, especially in determining negligence; sometimes formulated as "a person of ordinary prudence exercising due care in like circumstances."

Back 13

Reasonable Person Rule

Front 14

________ is a degree of uncertainty to which a reason can be assigned; in those jurisdictions influenced by English common law, the minimum degree of uncertainty required to acquit a defendant.

Back 14

Reasonable Doubt Rule