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;
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 |
criminal
|
|
type of law: regulates rights and duties, victim (not gov't) brings suit, compensation ordered
|
civil
|
|
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
|
ethics
|
|
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
|
negotioation
|
|
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
|
mediation
|
|
neutral person, doesn't render binding desicion, may be mandatory if chosen in advance, most expensive
|
arbitration
|
|
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
|
criminal
|
|
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
|
cert
|
|
statute is a
|
law passed by legislative body
|
|
General civil and gengeral _____ are trial courts of general jurisdiction w/one judge
|
criminal
|
|
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
|
cert
|
|
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
|
jurisprudence
|
|
judge make decision w/out jury
|
equity
|
|
if ratified by the senate, _______can be a source of law
|
treaties
|
|
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
|
statutory
|
|
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 _______
|
admission
|
|
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
|
directed
|
|
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
|
overturn
|
|
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.
|
categorical
|
|
________ 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
|
writ
|
|
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
|
statutory
|
|
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
|
interpretive
|
|
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
|
adjudicate
|
|
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
|
houses
|
|
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
|
Artile3
|
|
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
|
14th
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
|