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96 Cards in this Set

  • Front
  • Back
Stare decisis is latin for
"let the decision stand"
Establishes Congress, presidency, courts, gives state powers not given to fed. gov't, gurantees basic rights for all citizens
US Constitution:Law of the land
Statutes are passed by _________and _______gov'ts
federal and state
A common law is established by precedent or______
earlier cases decided on by the court
created by agencies to make rules and regulations
Administrative law
type of law: gov't presecutes accused
guilt determinded, punishment imposed
type of law: regulates rights and duties, victim (not gov't) brings suit, compensation ordered
type of law: defines rights of people
substantive law
type of law:establishes processes for settling disputes
procedural law
type of law:sets duties of gov't to its citizens
public law
type of law:regulates duties btwn indiciduals
private law
study of how people ought to act
the four theories of social respobsibilites of business are
mazimize profits, moral minimum, stakeholder interest, corporate citizensip
litigation refers to lawsuits and is the process of _____________
filing claims in court and ultimately going to trial
Alternative Dispute Resolution type: parties make offers, counter offers, may be face to face or thru lawyers
Alternative Dispute Resolution type: neutral person attepts for a voluntary settlement, may be ordered by judge, mediator does not render decision, neutral person and peoples discussion are confidential
neutral person, doesn't render binding desicion, may be mandatory if chosen in advance, most expensive
Alternative Dispute Resolution type:three "judges", 2 are execs of corps. other is neutral, lawyers present shortened cases,"judges" discuss settlement
mini trial
statute is a
law passed by legislative body
General civil and gengeral _____ are trial courts of general jurisdiction w/one judge
trial cours of limited jurisdiction include
small claims, jevenile division, land division, municipal, probate, and domestic relations divisions
lower appeals has three judges and a jury t or f
f)no jury
to get from court of appeals to supreme court, one must file a what document
statute is a
law passed by legislative body
General civil and gengeral _____ are trial courts of general jurisdiction w/one judge
trial cours of limited jurisdiction include
small claims, jevenile division, land division, municipal, probate, and domestic relations divisions
lower appeals has three judges and a jury t or f
f)no jury
to get from court of appeals to supreme court, one must file a what document
law is what the sovereign says it is, decision stands regardless or morality
legal positism
an unjust law is no law at all
natural law
enforcement of the law is more important than the law itself
legal realism
tort. contract, and agency law, important in property and employment (type of law)
common, based on stare decisis
introduce bill, debated at house, goes to full house where voted on, if vetod, congress can win w/a 2/3 vote
procedure for a law
legal positism, natural law, legal realism are all
judge make decision w/out jury
if ratified by the senate, _______can be a source of law
common, administrative, constitutions, and statutes are all a part of what
sources of contemporary law
congress passes which of the following? common, admin, statutory, stare decisis
Two kinds of civil lawsuits permitted
federal question cases, and diversity cases
a claim based on a fed statute, fed treaty or us constitution (kind of civil lawsuit)
federal qeustion case
$50000 plus, citizens of different states (kind of civil lawsuit
diversity case
plaintiff represents a class of people who were wronged in a _______case
class action
counter claim
reversing the lawsuit
a depostion is __________
interview of other parties potential witnesses
undisputed facts must be dismissed in a request for _______
trial is not necessary because there are no essential facts
summary judgement
voir dire refers to______
the selection of the jury
12 jurors, 2 alternates
preemptory jurors are
jurors who are dismissed w/no reason (certain number)
civil case, the proof needs to be ___________(slightly more likely to be true
preponderence of evidence
in a criminal case, the proof needs to be _________
beyond a reasonable doubt
direct examination is when a side interviews which witnesses?
it's own
defendent questions witnesses
cross examination
________verdict is asked for by the defendant if he believes the plaintiff's case is not worth it
asking for an overturn of the verdict on legal technicality or if the jury ignores substantial evidence
judgement nov>if denied the losing side may request a new trial
appeals are seen by appeals courts and affirm the verdict, modify the award, reverse and remand (send it back to trial) or _____the lower courts decision
settlement may happen ________
at any time
which alternative approach causes the greatest good (or least harm) to the most people?
utilitarian approach
The concept of _______ imperative states that you should not do something unless you would be willing for everyone else to do it as well.
________ serve two purposes: they act as sounding boards for employees with ethical dilemmas; and they also enforce ethical standards within the company.
ethics officers
sovereigns are recognized powers that citizens obey
fed and state gov'ts
jurisprudence is the study of _____
purposes and philosophy of law
an order from the gov't
judge overturns the jury verdict
judgement nonobstante verdicto
_________ courts resolve marital disputes and child custody issues, not estates.
domestic relations
a discovery _________
Discovery gives both parties the opportunity to examine the most of the evidence that the other side will bring to trial.
a challenge for a cause comes up if ________
there's a bias by a juror
legislation passes a _____law
common sense definition of words
plain meaning rule
an agency is created when congress passes ________describing the prob and defining agencie's powers
enabling legislation
regulate how agencies operate for less controversy
administrative procedure act
_______rules require businesses and ppl to act a certain way
legislative rules
_____rules apply to new situations
informal rule making:published for public
formal:must hold public hearing before establishing rule, a mixture of both is called
hybrid rule making
____means to hold a hearing then decide how to proceed
de novo decision ignores
the administrative judges decision in adjudication
freedom information act allows a citizen
info on any agency
prohibits agencies from giving out personal info
privacy act
all citizens are entitled to records about them
freedom information act
Article 1 establishes congress by the two_______; gives congress powers
constitution, fed. treatings and statutes are the law of the land
supremecy clause
Article 2 defines the powers of _________
the president
________created the supreme courts and permits congress to create lower federal courts
nobody should be deprived of life liberty and law
5th amendment
takings clause under the 5th amendment states that the government_______
cant take private land w/out compensation
procedural due
makes sure the person gets a fair deal
substantive due
gov't cant take at all
amendment, equal protection
usually acceptable based on social status, sometimes acceptable based on gender, not acceptable based on race, fundamental rights
looks and acts like a town, constitution applies
state action doctorine
restricted covenants
supercededes constituitional protection
judicial restraint
leaving law making to legislation
_______ activism is a court’s willingness to become involved in major issues, such as the power of the President to seize steel mills.
judicial activism
defamation is a tort that ______(did it to KLE)
make wrong statement about somebody, verbal is slander, written is libel
_____is a tort of performing wrong surgery
negligence, injusry, forseeable harm, factual cause, duty must be breached, duty of due care
fraud is
offering to sell something that does not exist
commercial exploitation
someones voice is used w/out permission
violation of standart care set by statute; a dui is negligence per se if someone is injured because
dui is against the law