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117 Cards in this Set

  • Front
  • Back
_______ law is enacted to govern the relationships between two individual parties and does not normally involve the government
Civil law
In a civil procedure, who starts the process and brings the case to court?
Individuals or Plaintiffs
In a criminal procedure, who brings the case to court?
The government, for offenses against the public
What are the four advantages of going to court to settle a civil case?
1. Precedent: a long history of fair and consistent rules
2. Outcomes are final, binding, and enforceable
3.Allows for decisions to be appealed (renegotiation/reversal)
4. Procedural safeguards (trial procedures)
What are the four disadvantages of going to court to settle a civil case?
1. Expensive (no public defenders are provided)
2.Judges may lack expertise
3.Time delay due to court schedule overload
4.Court decisions are win/lose situations with no negotiation
What are the 4 types of ADR (Alternative Dispute Resolution)
1. Arbitration
2. Mediation
3. Conciliation
4. Negotiation
True/False: In Mediation, both parties are bound by whatever the mediator's decision is.
False
What is the main advantage of mediation?
The final decision rests in the hands of both parties, they are not bound by a decision
What is binding arbitration?
A dispute settled by a 3rd party in which the dispute is legally enforceable and final.
True/false: You can appeal the decision of an arbitrator.
False
Give 2 examples of binding arbitration that we discussed in class
1. Courtroom T.V.
2. Baseball arbitration
What is the intent of non-binding arbitration?
Negotiation
What is the intent of binding arbitration?
Resolution (of the case)
What is conciliation?
A process where both parties to a dispute agree to use a 3rd party called a “conciliator” who meets with the parties separately (goes back and for the between parties) to resolve a disp
True/false: A conciliator has the authority to call witnesses, bring forth evidence, and write a final decision
False: conciliator is only there to try to get both parties to negotiate
What is negotiation?
Each party appoints a spokesperson to represent him or her in the reconciliation process
What is a plaintiff?
The party that accuses a person of a crime
What is a defendant?
– a person who is accused of a crime
In which theory of contract law did parties have to exchange things of equal value?
Equity Theory
Which theory of contract law focused on whether each party exercised free will in entering into the contract regardless whether the terms of the contract were fair?
Will Theory
Which theory of contract law concentrated on the form or structure of the agreement?
Formalist Theory
What do we call any agreement enforceable by law?
A contract
What six elements must a contract have to be legally binding?
Offer, Acceptance, Genuine Agreement, Consideration, Capacity, Legality
An agreement that is not legally binding
A Void contract
A valid contract in which a party to the contract is able to void or cancel the contract legally.
Voidable Contract
A contract that the courts will not uphold or enforce, usually because it violates some law
Unenforceable Contract
A restriction on the time period that a person can file a lawsuit.
Statute of Limitations
A contract that is stated in words.
Express Contract
A contract that comes about from the actions of the parties often without a written oral agreement.
Implied Contract
An agreement that contains 2 promises (one from each party)
Bilateral Contract
A contract that contains a promise by only one person if and when the other party performs some act
Unilateral Contrat
The person making the offer
Offeror
The person who receives the offer
Offeree
What are the three requirements of an offer?
Serious Intent, Definite and Certain, Communicated to the offeree
Newspaper ads, price tags, sale price signs are not offers but rather they are ...
Invitations to Negotiate
What are the three requirements of a legally binding acceptance?
1. Acceptance must be unconditional
2. Acceptance must be made by the person to whom the offer was made
3. Acceptance must be communicated to the offeror
What is the "mirror image rule"?
The acceptance must not change the terms of the original offer in any way
What are the 5 ways that an offer may be terminated?
Revocation, Rejection, Counteroffer, Expiration of Time, Death or Insanity
What do we call the taking back of an offer before it is accepted?
Revocation
What do we call the refusal of an offer by an offeree that brings an offer to an end?
Rejection
What do we call it when an offeree rejects the original offer and creates a new offer?
Counteroffer
What do we call a binding agreement to hold an offer open for a specified period of time?
Option
What do we call the legal ability to enter into a contract?
Capacity
A person who has reached the age of adulthood is said to have reached his or her _______________.
Majority
What is the age of majority in most states?
18 yrs. old
What do we call a minor who is no longer under the legal control of his or her parents?
Emancipated minor
The act of agreeing to go along with a contract that could have been voided.
Ratification
Not doing what you have the right to do.
Forbearance
A state law that requires certain laws to be in writing.
Statute of Frauds
Something that a party gives up in an agreement.
Detriment
A legal way to settle contract disputes by which one party agrees to accept less than the amount due as full payment.
Accord and Satisfaction
To show the intent not to live up to a contract.
Disaffirm
The exchange of benefits and detriments by the parties to a contract.
Consideration
The legal ability to enter into a contract.
Capacity
When the consideration is so out of line that it shocks the court.
Unconscionable Contract
Contracts entered into by mentally impaired individuals are considered to be ___________.
Void
What do we call land and anything permanently attached to the land?
Real property
Under what 3 conditions are minors automatically emancipated?
1. when they get married
2. When they move into their own households
3. they seek the court's permission for emancipation
If a minor disaffirms a contract, can he/she still keep the goods they purchased
No - if they still have the goods, they must return them
What do you call a promise not to compete?
Restrictive Covenant
The good reputation of a business is called ___________.
Goodwill
What do you call the elimination of competition with the intent to control prices?
Restraint of trade
What are the 3 types of detriments?
1. Giviing up something that you have the right to keep
2. Doing something that you have a right not to do
3. Not doing something that you have a legal right to do
Contracts for the sale of goods exceeding $________, have to be in writing.
$500
A minor who claims to be over the age of majority commits what crime?
Fraud
What type of contracts can minors not disaffirm?
1. They have to pay for the fair value of necessaries
2. They cannot disaffirm military enlistment agreements
3. Minors will have to honor contracts for items required by law such as auto insurance
The acceptance by the person you owe money to accept a lesser amount as payment in full.
Accord
The agreed-to lower price as contained in the accord.
Satisfaction
What is the rule with regard to intoxication and whether or not someone can be held liable for a contract that is signed while intoxicated.
The person must be so impaired (drunk) that they didn't know what they were doing when they entered into the contract.
What ordinary things might be consideration in a contract?
Cash, property, promise not to sue, services
An offense committed against the public good or society that is punishable by fine, imprisonment, or both
Crime
What 2 conditions must exist for a crime to be committed?
1.It is prohibited by the law of the place where it is committed
2.The law provides for the punishment of the offenders
The party that accuses a person of a crime
Plaintiff
The person who is accused of a crime
Defendant
The government official who brings the case against the defendant
Prosecutor or District Attorney
A major crime punishable by a fine, imprisonment for a term exceeding 1 year, or death
Felony
A less serious crime with a less serious penalty of a fine, jail time (less than 1 year), or both
Misdemeanor
A minor offense that is usually punishable with a fine and not jail time
Examples: traffic violations, and parking tickets
Infraction
Can the Federal government make criminal laws?
No - the only exception to this rule is counterfeiting
What are the 2 elements of a crime?
1. Criminal Act
2. Required state of mind (intent)
Whatt does the M'Naughten ruling of 1943 say?
A defendant should not be held responsible for his actions if he could not tell that his actions were wrong (morality) at the time that he committed them
When someone is using the "insanity defense" who has the burden to prove beyond a reasonable doubt that the defendant is insane?
The Defendant must prove that they are "insane" beyond a reasonable doubt
This insanity plea states that the defendant did not know the nature of the act or if they knew the nature of the act , they did not know it was wrong.
Cognitive Insanity Plea
What type of insanity plea is it when the defendant knows right from wrong but cannot stop themselves
Irresistible Impulse Insanity Plea
The effects of alcohol and drugs are known in advance
Forseeablility test
The act of a law enforcement agent in inducing an individual to commit a crime that the individual would not have or most likely not have otherwise committed
Entrapment
This defense states thatAttempting to run away is not necessary if you are in your own home
Castle Defense
The killing of one human being by another
Homicide
Takes place when a police officer kills a criminal or a soldier kills the enemy in the line of duty or self defense
Justifiable Homicide
The intentional killing of another person
Murder
The unlawful killing of a person without intending to do so
Manslaughter
What is the main difference between manslaughter and murder?
Murder is done with malice and intent
The threat of violence (or attempt to commit a battery)
Assault
The actual physical violence (the unlawful touching of another person)
Battery
Unlawful removal or restraint of a person against that person’s will usually for one of the following
Kidnapping
Intercourse with a minor with or without force or consent
Statutory Rape
”- the wrongful taking of someone’s property by threatening or using violen
Robbery
The intentional and malicious destruction of or damage to the property of another
Vandalism
the willful and malicious destruction of property by means of fire or explosives
In Illinois damage done to property by means of fire or explosives over $150 is classified as arson
Arson
wrongful taking of another person’s property by a person who has been entrusted with that property
Embezzlement
Sometimes called “Larceny by false pretenses”: the taking of someone’s money or property by intentionally deceiving that person
Fraud
Tort law is based on the idea that ________________.
Everyone has certain rights and a duty to respect the rights of others
One’s persons interference with another’s rights either through intent, negligence, or strict liability
Tort
A person who commits a tort
Tortfeasor
What are the 3 elements of a tort?
1.The possession of certain rights by an innocent party
2.A violation of those rights by a tortfeasor
3.A resulting injury that somehow hurts the person whose rights were violated
What is the purpose of criminal law?
To punish the offender
What is the purpose of tort law?
To compensate the victim
The unlawful restraint of a person, whether in prison or otherwise.
False Imprisonment
What do you call the amount of money that the defendant has to pay to the victim?
Damages
Threatening or deliberately frightening another person into believing that he or she is about to be injured
Assault
the unlawful, unwanted, touching of another person even if the physical contact is not harmful.
Battery
The wrongful act of injuring another’s reputation by making false statements
Defamation
A false statement in written or printed form that injures another’s reputation or reflects negatively on that person’s character
Libel
A false statement made orally to a third party that injures another’s reputation or reflects negatively on that person’s character
Slander
Interfering with a person’s right to be left alone.
Invasion of Privacy
The actual physical or electronic trespassing of someone’s home or other personal space (car, place of business, computer, etc.)
Intrusion of Solitude
A blatant, unauthorized commercial use of a public figures image
Appropriation Invasion of Privacy