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50 Cards in this Set
- Front
- Back
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Constitutional Law |
sets forth the fundamental rights of the people living within the U.S. or given state. Describes and empowers the various branches of government. Sets forth limitation of that power. |
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Statutory Law |
enacted by the U.S. Congress or Legislature of a given state. Also includes ordinances of a city. Many statutory laws are uniform codes adopted in the same form by all states. |
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Administrative Law |
rules, regulations, orders and decisions created by government agencies. Creation of agencies |
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Case Law (Common Law) |
Body of judicial decisions that interpret and enforce the different laws and rule on disputes between different parties -precedent (STARE DECISIS) the authority afforded to a prior judicial decision in deciding subsequent disputes involving the same or similar facts |
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Personal Jurisdiction |
is based on geography. Courts have personal jurisdiction over persons residing and /or business withing a particular county, district or state |
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Long-Arm Statues |
nonresidents of a state. Subject to courts in other state. Based on minimum contacts |
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Sliding scale test |
substantial business conducted within state. Some interactivity. Passive advertising. |
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Subject matter jurisdiction |
Authority of a court to hear and decide the particular dispute before it. A court's subject matter jurisdiction is usually defined in the statute or constitution creating the court. |
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Limit to a trial court's subject matter jurisdiction |
The amount in controversy. The subject of the lawsuit. Whether the crime alleged is a misdemeanor or felony. |
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Concurrent jurisdiction |
When one or more federal court and one or more state court have subject matter jurisdiction over the same dispute. |
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Stare Decisis? Apply? |
Precedent (Stare Decisis) the authority afforded to a prior judicial decision in deciding subsequent disputes involving the same or similar facts. |
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Plantiff |
A person who brings a case against another in a court a of law. (opening statement) |
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Defendant |
An individual sued in court of law. |
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Appellant |
A person who applies to higher court for a reversal of the decision of a lower court. |
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Appellee |
the respondent in a case appealed to a higher court. (the party against whom the appeal is filed) |
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Judge |
Public official appointed to decide cases in a court of law |
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Jury |
Body of people(12) Decide questions of fact |
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Original Jurisdiction |
The authority of the court to review a prior decision in the same |
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Appellate Jursisdiction |
The authority of a court to review a prior |
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How does a case get into Federal Court. |
Um |
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How does a case get into the U.S. Supreme Court (including write of Certorari) |
Um. |
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Social Responsibility Theory |
Um |
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Corporate Social Responsibility |
The concept that corporations and businesses are citizens of the community should act ethically and be accountable to stakeholders for their actions. |
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Duties to Employees |
Employers are required by law to provide their employees with a safe workplace, equal employment opportunity , minimum wage |
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Duties to consumers |
In marketing a product, the law imposes a duty to warn consumers of the harms that can result from foreseeable misuses of the product |
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Defamation |
Anything published or publicly spoken that injures another's character, reputation, or good name. |
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Libel |
Defamation that is written |
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Slander |
Defamation that is oral |
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Elements of negligence |
1. Duty to ac as a reasonable person 2. Breach of Duty 3. Proximate Cause |
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Duty of care to act as a REASONABLE PERSON under similar circumstances |
No duty to stop and render aid. Duty to aid if you were involved in accident. In your actions, act as a reasonable person would act. |
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Proximate Cause of Damages to Plantiff |
Causation. Was the defendants action the causation in fact of plaintiff's injury, and was it the proximate cause of plaintiffs injury. When the casual connection between the act and injury is strong enough to impose liability. |
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Trademark |
A distinctive mark, motto, or device that a manufacturer stamps, prints, or otherwise affixes to good s so that they may be identified on the market. |
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Patents |
An inventor's right to make, use,or sell his or her invention for a period of time. Obtained for a product, process, or design. Inventor must convince the U.S. Patent and Trademark Office that it is genuine, novel, useful, and not obvious in light of current technology. |
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Copyright |
The exclusiveright of an author to publish, print, or sell a product of his or her intellectfor a certain period of time. A copyright grants its holder the samemonopolistic control over his or her creation as a patent or trademark. |
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Mena Reus |
A culpable mental state |
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Actus Reus |
Performance of a prohibited act |
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Consent |
h |
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Duress |
j |
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Entrapment |
h |
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Express Contract |
u |
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Implied Contract |
h |
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Implied in fact |
Based on conduct. |
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Quasi Contact (Implied in Law) |
Fictional contract imposed on parties by a court in the interests of fairness and justice. To prevent the unjust enrichment of one party at the expense of the other. |
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Minors |
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Minors may disaffirm and avoid obligation under the contract |
Anytime up until a reasonable time after reaching majority Minors may ratify contract upon reaching majority |
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Parents Liability |
General Rule: Parents are not liable for the contracts made by their minor children. Unless parents co-sign the obligation |
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Usury Statues |
Virtually every state has a statue that sets the maximum rate of interest that can legally be charged for different types of transactions, including ordinary loans. |
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Gambling |
Consideration Chance Prize |
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Blue Laws |
Some states and localities prohibit engaging in certain business activities on Sundays |
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