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71 Cards in this Set
- Front
- Back
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Substantive Law |
the rights and duties governing people as they act in society |
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Procedural Law |
The rules under which the substantive rules of law are enforced. |
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Due Process Clause |
Prohibits many types of business regulation by state government |
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Statutory Law |
The entire criminal law, the law applicable to sales of goods, and almost all law limiting or regulating business activities |
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Judicial Review |
Power of a court to adjudicate the constitutionality of the laws of a gov or the acts of a gov official |
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Legal Reasoning |
A type of critical thinking that combines basic analytic thinking with recognitination of the special features of the underlying legal system. |
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Public Policy |
The principles, often unwritten, on which social laws are based. |
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Stare Decisis |
Doctrine or principle that the decisions of the court should stand as precedents for future guidance |
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Legal Positivism |
Social perspective of a legal rule's validity being authorized by law rather than being based on natural or moral law |
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Sociological Jurisprudence |
Philosophical approach to law stressing the actual social effects of legal instutions, doctrines, and practices. |
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Legal Realism |
Perspective that legal rules are to benefit the larger society and public policy based on judicial decisions. |
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Work Product Priviledge |
Protects materials prepared by a lawyer in anticipation of litigation from discovery by opposing council |
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Malpractice |
Instance of negligence or incompetence on the part of a professional |
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Preventive Law |
A branch of law that endeavors to minimize the risk of litigation or to secure more certainty as to legal rights and duties. |
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Mediator |
A person who conducts mediation |
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Minitrial |
Private, voluntary event attended by representatives from each side who have authority to settle. Netural third parties may also act as judges or jurors. |
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Summary Jury Trial |
a mock trial with a selected jury where evidence that would be used in a real trial is presented |
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Private Judging |
The court refers issues of fact or law to a person who is not employed by the court, but selected by the parties |
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Ombudsperson |
A person who investigates complaints and mediates fair settlements between aggrieved parties such as consumers or students and an institution or organization |
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Trial De Novo |
A new trial by a different tribunal |
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Municipal Courts |
A court whose jurisdiction is confined to a city or municipality |
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Conflict of Laws |
Private international law (between conflicting laws of two or more states) |
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Writ of Cert. |
Order by a higher court to a lower court to send the record in a given case for review |
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Concurring opinion |
The written opinion by a judge of a court who agrees with the decision made, but not for the same reasons as the others. |
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Pleadings |
first documents filed with the court which start and define a lawsuit |
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Affirmative Defense |
A fact not alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats the legal concequences of the defendants unlawful conduct. |
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Directed Verdict |
An order by a judge to the jury to return with a particiular verdict |
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Breif |
Written arguement supporting the attourney's claims. |
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Deontological Ethical Theory |
(rights theory) focuses on the actions rather than the concequences when deciding if something is ethical |
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Teleological Ethical Theory |
Focuses on the concequences of a decision when deiciding if it's ethical |
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Risky Shift |
A group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk higher than the risk they would accept as individuals |
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Groupthink |
The tendency for members of a group to internalize the group's values and preceptions and to supres critical thought. |
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InTRAstate Commerce |
Economic activities that have no significant effect on commerce outside their own borders |
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InTERstate Commerce |
Commerce among the states |
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Expressely Preempted |
The courts determine whether the challenged state law is one that the federal law is intended to preempt |
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Implied Preemption |
Raised when a legislature has been silent on the issue |
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Eminent Domain |
The right of the gov or it's agent to take private property for public use, with payment of compensation |
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Procedural Due Process |
The gov can only accomplish it's objectives by following fair procedures |
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Substansive Due Process |
Protects people from arbitrary or unreasonable gov interfereance with their life, liberty, or property rights |
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Equal Protection Clause |
Prohibits any state from arbitrarily discriminating against persons |
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Rational Basis Analysis |
Extremely lenient level of scrutiny that presumes the regulation is constitutional |
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Strict Scrutiny |
The statute is unconstitutional unless the gov demonstrates that it is pursuing a compelling gov interest in the least intrusive manner |
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Noncommercial Speach |
Pure pr political speech |
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Chevron Doctrine |
Courts conduct a two part inquiry to determine whether to sustain an agency's interpertation of the statutory scheme it is charged with administering |
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Felonies |
Serious offenses such as murder, rape, and arson punishable for more than one year |
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Disenfranchisement |
Loss of the right to vote |
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Misdemeanors |
Lesser crimes such as traffic offenses or disorderly conduct that are punishable by one year or less |
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Ex Post Facto Laws |
Statutes that would punish someone for an act that was not considered criminal when the act was committed |
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Mens Rea |
(Criminal Intent) concious wrongdoers |
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Premeditation |
The action of planning something, expecially a crime, beforehand |
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Nontestimonial Evidence |
Fingerprints, hair samples, etc, of which can not actually testify |
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Responsible Corporate Officer Doctrine |
Attributes responsibility to corporate officers for public walfare-based crimes, without any evidence that they may have been aware of, or participated in, the underlying problematic conduct |
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Compensatory |
intended to recompense someone who has experienced loss, suffering, or injury |
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Punitive Damages |
Damages exceeding simple compensation and awarded to punish the defendant |
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Intentional Torts |
Behavior that indicates either the wrongdoer's concious desire to cause harm or knowledge that their action would cause harm |
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Assault |
Intentionally putting another person in apprehension of an imminent harmful or offensive contact (no intent to cause injury needs to exist and no physical injury needs to result |
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Libel |
Written defamation |
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Slander |
Oral defamation |
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Disparagement |
The act of speaking about someone in a negative or belittling way |
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Absolute privilege |
the right to say or write something without the risk of incurring punishment or legal action for defamation |
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Conversion |
The unlawful taking or exercise of control over the personal property of another person |
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Negligence |
Untentional breach of duty by the defendant that results in harm to another |
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Negligence Per Se |
not acting as the "reasonable person" would |
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Cause in Fact |
The actual or direct cause |
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Proximate Cause |
An event sufficiently related to a legally recognizable injury to be held to be the cause of that injury |
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Contributory Negligence |
When the victim contributed to the accident by some negligence of their own |
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Assumption of Risk |
Can bar or reduce a plaintiff's right to recovery if the defendant can prove that the plaintiff knowingly assumed the risks to the dangerous activity that caused the accident |
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Last Clear Chance |
When the defendant had the last opportunity to avoid the accident |
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Comparative Negligence |
Reduces the amount of damages the plaintiff can recover in a negligence claim based on how much the plaintiff's own negligence actually contributed to the injury |
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Recklessness |
Posing a risk of harm to others where the risk is much greater than the risk that would make an act negligent |
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Strict Liability |
A person who participates in certian kinds of activities is held responsible for any resulting harm to others, despite the use of the utmost care and caution |
