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537 Cards in this Set
- Front
- Back
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law
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body of principles that govern conduct that can be enforced in courts or by adminstritive agencies
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NAME
these are bodies of principlies that govern conduct that can be enforced in courts or administritive agencesi |
law
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the law is evolving proces dependent on (1)
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societal demands
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give some examples of how law is D on social demands
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(1)miranda law (2)family leave bill (3)cyberspace law
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NAME
body of principles that establish the structure of government and set forth the relationship of the govt to help people who are governed |
constitutional law
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what is constitutiona law?
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body of principles that establishes the structure of the govt
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what is statutory law?
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legistlative acts that declare, prohibit, or commanding in nature
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NAME
these are legislative acts declaring, commmanding, or prohibiting something |
statutory law
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T or F
for statury law, there is only a state level |
false=federal and state
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NAME
these are rules that promugualted by the state and federal administritive agencies |
administrative regulations
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what are adminstritive regulations?
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rules promulgateed by the state and federal administrative agencesi
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give an ex of a state adminstrivie agency
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florida department of natural resources
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give an ex of a federal adminstritive agency
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food and drug adiministrion
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what is case law?
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court decisions
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NAME
these are court decisions |
case law
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case law is also called (1)
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common law
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(1)is also called common law
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case law
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what is uniforma commerical code?
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governs commerical transactiosn in most states
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nAME
governs commerical transactions in most state |
uniform commerical code
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substnative law
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creates defines and regulates right abd liabilities
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NAME
these creates, defines, and regulates rights and libailties |
substantive law
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give ex a of a substantive law
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tax cod
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what is precedural law
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specifies steps that must be followed in enforcing those rights and liabilities
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NAME
these specifies steps that must be followed in enforcing those rights and liabilties |
precedural law
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give an ex of a precedural law
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rules of procedure
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rules of procedure is ex of (1)law
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precedural law
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tax code is an ex of a (1)law
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substantive law
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what is action at law
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sue someone seeking monetary damages or criminal prosecution
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NAME
this is when someone is sekking monetary damages or criminal prosecution |
action at law
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action at equity
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obtain equitable releief
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law
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body of principles that govern conduct that can be enforced in courts or by adminstritive agencies
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NAME
these are bodies of principlies that govern conduct that can be enforced in courts or administritive agencesi |
law
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the law is evolving proces dependent on (1)
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societal demands
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give some examples of how law is D on social demands
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(1)miranda law (2)family leave bill (3)cyberspace law
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NAME
body of principles that establish the structure of government and set forth the relationship of the govt to help people who are governed |
constitutional law
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what is constitutiona law?
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body of principles that establishes the structure of the govt
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what is statutory law?
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legistlative acts that declare, prohibit, or commanding in nature
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NAME
these are legislative acts declaring, commmanding, or prohibiting something |
statutory law
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T or F
for statury law, there is only a state level |
false=federal and state
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NAME
these are rules that promugualted by the state and federal administritive agencies |
administrative regulations
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NAME
this is when someone obtains equitable reflief |
action at equity
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give ex of action at equity
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(1)court orders a newspaper to stop publishing defamatory remarks
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nAME
ex of this includes injuction/declartory relief |
action at equity
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NAME
a ex of this is when hte court orders a newspaper to stop publishing defamatory remakrs |
action at equity
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NAME
these are tribunal established by govt to hear and decide matters properly broguht before them |
courts
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courts
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are tribunal established by the govt to hear and decide matters properly brought before them
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what are some of the problems that the courts are facing? (4)
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(1)overloaded dockets (2)shortage of judges (3)expense of ligitation (4)unwarranted cliams
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NAME
these are commission or agencies of the govt the employees make rules and pass judgement on violators |
adminstritive agencies1
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what are adminstritive agencies
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commissions or agencies that og govt that rule and pass judgement on violators
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what is the alternative dispute resolution?
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were parties use means other then ligitation in courts to resolve disputes
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NAME
this is when were parties use means other then ligitation in courts to resolve disputes |
alternative dispute resolution
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what is arbitration
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is when the despute is brought before one or more arbitrators
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NAME
this is when the despute is broguht before one or more arbitrators |
arbitration
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T or F
all arbitration is mandatory in each state |
false-each state differ
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T or F
arbitration is the same as mediation |
false
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what is mediation?
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a neutral party tries to convince the parties to negotiate the settlement
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NAME
this is a neutral party tries to convince the parties to negotiate the settlement |
mediation
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what is a medarb?
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a new form of alternative dispute resolution were the arbitrator may also act at the mediator
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NAME
this is a new form of alternative dispute resolution were the arbitrator may also act at the mediator |
medarb
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reference to a 3rd person
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may transactions provide for a thrid party person or committtee to make an out of court determinatio nof the rights of the persons
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NAME
may transactions provide for a thrid party person or committtee to make an out of court determinatio nof the rights of the persons |
reference to 3rd person
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give ex of reference to a 3rd person
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(1)employment to a 3rd person--employment agreement dsignating disgrunlted employee procedure (2)contract disputes-3rd party deciedies
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assocational trubunals
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were both parties to a dispute belong to a group or associaiton. upon joining the group, they agree they should a dispute arise, an trubunal will resolve the problem
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NAME
this is were both parties to a dispute belong to a group or association. upon joining the group, they agree they should a dispute arise, an trubunal will resolve the problem |
associational trubunals
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summary jury trial
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attorny use these as ways of determing barganing power. it is a mock trail. no evidence is presented. a jury listens to case and decides
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NAME
attorny use these as ways of determing barganing power. it is a mock trail. no evidence is presented. a jury listens to case and decides |
summary jury trial
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rent a judge
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parties hire a judge and agree to binding determination
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NAME
these is when a party hires a judge and agree to binding determination |
rent a judge
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mini trial
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it is a shortened trial bc only part of hte case is presented to a jury
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NAME
this is when a shortned trial bc only part of the case is presented to the jury |
mini trial
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when would a mini trial be used?
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defendant consedes laiblity aso trial proceeds only on the issues of damages
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contractural provisions
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parties may contract from the onset how disputes are to be resolved
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NAME
this is when parties may contract from the onset of how desputes are to be resolved |
contractural provisions
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what are procedural rules?
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specify how, when, and where a legal dispute may be brought to court
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NAME
these specify how, when and where a legal dispute may be brought to court |
procedural rules
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describe how the steps in court procedures (civil suit)
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(1)avoid of ligation
-costly, timely uncertain results file suit (2)plaintiff -prepares and files complaint w the clerk of the court (3)service of process -defendant served by the sheriff or private process server with a copy of the summons and the complaint (4)pleadings- -defendent files an answer or files a defensive motion including coutnercliams and crossclaims can be filed (5)motion for summary judgement-parties file sworn statements and court determines dispute as to facts (6)pre-trial conference occurs (attorney meet w judge to talk about time frame/facts/dispute issues to be addressed) (7)discovery- long process- interrogatories, depositions, request to produce evidence occur. objections filed, extensions granted, and protective orders given and hearings held examples: depositions, interrgatories, request for production or inspection of documents and land, and examinatio nof persons (8)trial by judge or jury (9)trial occurs -subponea witnesss -subpoena duces tecum -jury selected and sworn -opening statements -plantiff case (calls witnesses0 -defendents case -closing arguements -judge gives charge to jury -plantiff rests (10) point in trial were party can seek to end suit or take descisions away from the jury following suits can happen -voluntary nonsuit(call off and pay costs) -compulsory nonsuit-after planitiff presented evidecne does not entitle plantiff to recover -mistrial -directed verdict -new trial -JNOV (11)judge enters judgement- and files in public records (12)collection for costs occurs (13)appeal can occur (13) |
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T or F
you start the negatotive processes w out filing a suit |
false-must file a suit first
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who is the plaintiff?
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the person alleging the wrong
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what are the parts of the complaint? (3)
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(1)can explanation of the jursidiction (2)discription of the acts complained of and (3)a request for releif
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what are the requirments for FLorida law for personal service?
(PERSON SERVING THE SUIT) |
(1)personal serving the defendent or (2)must serve personally at the resident home if they are over 15 and the suit must be explained to them
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what are the requirements for florida law for corprate service ?
(corprate files suit) |
serving the company is designated "registered agent" (2)or serving the corporate officers in specfic order designated by the staturoy law
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T or F
in some cosntructie service of process maybe fine if the defendant cannot be located and properly served |
true
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how long does the defendant have to answer the civial suit complaint?
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20 days
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the defendent must answer the civial suit complaint w (1)days
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20
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what happens if the defendent does NOT answer the complaint?
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the plantiff wins by defult
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how must the defendant respond to the complaint?
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(1)filing an answer-defendent either admits or denies
(2)filing a defensive motion-hearing is held. if the defendent wins the case is dismissed |
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what are some examples of defnesive motions?
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(1)the court lacks jursidiciton over hte person or the subject matter (2)there was insufficient service of process (3)plaintiff failed to state cause of action (4)defendant needs to a more definite statement in order to properly respond (5)motion to strike (info is redundant, imperitent, and scandalous)
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what are crossclaims (2)
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asserting the cliam against the co-defendent seeking either (1)contribution (both parties are liable and both must pay) (2)indemnity
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what are counterclaims
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is sueing hte plantiff back
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NAME
this is asserting the cliam against the co-defendent seeking either (1)contribution (both parties are liable and both must pay) (2)indemnity |
cross cliams
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NAME
this is if i am liable your liable to me |
indeminity
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what is indemnity
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if i am liable your liable to me
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what does the motion for summary judgement involve?
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parties file sworn statements and affidavits showing that the cliam or defense of hte adverse party if a sham
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NAME
this when the parties file sworn statements and affidavits showing that the cliam or defense of hte adverse party if a sham |
motion for summary judgement
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what is pretrial conference involve?
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attorney meet the jduge to determine which are issues are truly dispute and look at the time frame
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NAME
this when the attorny meet the judge to determine which are issues are truly dispute and look at hte time frame |
pretrial conference
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what is typically accomplished in a pre-trial conference? (5)
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(1)witness to be called (2)evidnece to be presented (3)trial procedure (4)agreement on facts and issues in dispute (5)settlement possibiltiy
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what is the discovery portio nof the civil suit involve?
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long and ardour processs usually involves intereogatories, depositions, requires to produce, and requires for admissions
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who can be deposed (require to do a deposition)
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anyone-party or non-party
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how long does it take before some has to do a depositions?
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gneraly wiat 30 days until party served
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T or F
depositions can be done over the phone |
true
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depositions are always (1)
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typed by the court reporter and signed "deponent" and filed w the court
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depositions are typed by the court reporter and signed (1)
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deponent
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T or F
depositions do not have to be typed |
false
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how are depsoitions used in the court proceedings? (3)
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(1)impeach or contradict tesimory at trial (2)if witness is dead, ill ,or imprisioned (3)if witness lives over a 100 miles away
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in a state of court, there can be no more then (1) multi-part questions directeed to a party seeking a written response
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30
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T or F
in state court, they can require more then 30 questions to be responsed in written formate |
false
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what is examination of persons?
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refers to how a party may requests that another party submit to an examination by wuailifed expert
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T or F
every person does not have a right to trial by jury |
false
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describe the normal trial process
for the plantiff's case then the defendants case (same) |
(1)subpoena witnesses
(2)subpoena duces tecum-subpoena documents (3)jury selected and sworn (also called voir dire) (4)opening statements (not arguementive) first planatif then defendnat (5)plantiff case a)-direct exam of wiatness-by plantiff attnorney b)cross of exam of witness by defendant's attorney c)redirect exam of witness by plaintiffs attorney d)recross exam of witness by defendants attorny NOTE demo aids may be used, evidencei s presented, experts testify, and plantiff rests |
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what is a voluntary nonsuit
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plaintiff may call off trial and pays costs
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nAME
this is when plaintiff calls off trial and pays costs |
voluntary nonsuit
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what is compulsory nonsuit
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after plantiff repsented all evdinece
requested by Defendent-case presented does not entitile plantiff to recover damange |
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NAME
this when after plantiff repsented all evdinece requested by Defendent-case presented does not entitile plantiff to recover damange |
compulsory nonsuit
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what does JNOV stand for?
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judgement notwithstanding the verdict
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what is JNOV?
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court dertermines that the jury verdict is clearly wrong
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NAME
this is when the court determien that hte juries verdict is clearly wrong |
JNOV
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the appeal must be filed w in (1)
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30 days of the judgement
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T or F
a appeal court hears new evidence |
false
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in appeal, does the court hear new evidnec?
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false
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what can happen if person or plantiff or anyone does not pay?
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(1)writ of execution (2)garnish wages
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what is a writ of execution
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when the sheriff seizes propery and it is auctioned off
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NAME
this is when hte sheriff seizes propery and it is auctioned off |
writ of execution
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describe how the filing a suit (civial) occurs (13)or court procedures
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(1)avoid of ligation
-costly, timely uncertain results file suit (2)plaintiff -prepares and files complaint w the clerk of the court (3)service of process -defendant served by the sheriff or private process server with a copy of the summons and the complaint (4)pleadings- -defendent files an answer or files a defensive motion including coutnercliams and crossclaims can be filed (5)motion for summary judgement-parties file sworn statements and court determines dispute as to facts (6)pre-trial conference occurs (attorney meet w judge to talk about time frame/facts/dispute issues to be addressed) (7)discovery- long process- interrogatories, depositions, request to produce evidence occur. objections filed, extensions granted, and protective orders given and hearings held examples: depositions, interrgatories, request for production or inspection of documents and land, and examinatio nof persons (8)trial by judge or jury (9)trial occurs -subponea witnesss -subpoena duces tecum -jury selected and sworn -opening statements -plantiff case (calls witnesses0 -defendents case -closing arguements -judge gives charge to jury -plantiff rests (10) point in trial were party can seek to end suit or take descisions away from the jury following suits can happen -voluntary nonsuit(call off and pay costs) -compulsory nonsuit-after planitiff presented evidecne does not entitle plantiff to recover -mistrial -directed verdict -new trial -JNOV (11)judge enters judgement- and files in public records (12)collection for costs occurs (13)appeal can occur (13) |
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what is subpoena duces tecum
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subpoena for documents
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NAME
this refers to subpoena for documents |
subpoena duces tecum
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what is voir dire
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when the jury selceted and sworn
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NAME
this is hwne a jury is selected and sworn |
voir dire
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T or F
the opening statement in a trial can be argumentative in nature |
false
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in most civil cases in fl. how many people are in the jury?
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6
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what is the general structure of both the fedreral and state govt? (3)
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(1)legislative (2)executive (3)judicial
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T or F
all branches of the govt make law |
true
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Do all the branches of govt make law?
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yes
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what is the legislative branch?
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passes bills that become "staturoy law when signed by the president/governer
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what is the executive law?
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through adiminstriative agencies appointed by the executive, the agencies passs "administrative regulations. There regulations binds as much as staturay law
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what is the judicary branch?
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the courts write caste law
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Courts operate off the principle of (1)
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stare decisis
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courts operate off the principle of (1)
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stare decisis
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what is the differ btwn the differ branches of the govt? (3)
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(1)legislative-passes bill which become statuary law when signed (2)executive-adminstritve agencies are appointed..these agenceis pass adminstrive regulations that bind the statury law
(3)judicaiary-the courst write case law |
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what is stare decisis?
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means they abide by the decieded cases
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what does federalism mean?
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describes that concept that we have a federal system which exicsts separate and apart from our state system
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NAME
this decsribes the concept that we have a federal system and apart from our state system |
federalism
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Generally speaking, how is our court system on both the federal and state level structured?
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(1)three levels
(1)trail level (2)appellate level (3)final appellate level |
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what is the trial level?
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this is where proceedings are iniated, issuses are framed, evidence is taken and an intial decision in handed down, typically by jury.
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NAME
this is where proceedings are iniated, issuses are framed, evidence is taken and an intial decision in handed down, typically by jury. |
trail level
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what is appellate level?
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this is where a panel of three judges hear a case and deciedes whether the trial court properly disposed of the case
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NAME
this is where a panel of three judges hear a case and deciedes whether the trial court properly disposed of the case |
appellate level
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what is final appellate level?
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this is where a panel of judges hears a case and decides whether the apellate court properly disposed of the case
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NAME
this is where a panel of judges hears a case and decides whether the apellate court properly disposed of the case |
appellate level
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what is differ btwn trail, appellate, and final apellate level?
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(1)trail level-this is where the prcoeedings are iniated issues are framed, evidence is taken, and an intial decision is handed down, typically by a jury
(2)appellate level-this is where a panel of three judges hear a case and deciedes whether the trial court properly disposed of the case (3)final appellate level-this is where a panel of judges hears a case and deciedes whether the appellate court properly disposed of the case |
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what criteria must a case meet in order for it to begin at the trial level? (4)
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(1)there has to be an actual "case in controversy"
(2)each party must have standing (3)the matter must not be Moot (4)the matter must be Ripe |
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what does this mean that there has to be a case in controversy?
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that the matter must be definite and concrete and that the parties have a adverse legal interest
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what does party must have "standing" mean?
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that the dispute affects the party directly
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NAME
this means that the dispute affects the party directly |
party has standing
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what does the the matter must not be "moot"
|
the case cannot have been previously resolved
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NAME
this means that the case cannot be previously resolved |
matter must be moot
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what does it mean that the matter is ripe?
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it is ready to be heard
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NAMe
this means that the matter is ready to be heard |
the matter is ripe
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what cases do federal courts deciede and what types of cases to state courts hear? (5)
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the answers is set fourth in article III, section 3 of the us consistion
the provision states that the following types of cast MUST Be heard by the federal court system (1)disputes arising under the consitiotn act, federal treaty, (2)any dispute where the US is a party (3)when a state uses a citzen of another stae (4)diversity cases--when citzens of differ states sue each other if the amount in controversy exceeds 75,000 (5)when a state sues another state |
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when do must federal courts hear certain cases?what types? (5)
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the answers is set fourth in article III, section 3 of the us consistion
the provision states that the following types of cast MUST Be heard by the federal court system (1)disputes arising under the consitiotn act, federal treaty, (2)any dispute where the US is a party (3)when a state uses a citzen of another stae (4)diversity cases--when citzens of differ states sue each other if the amount in controversy exceeds 75,000 (5)when a state sues another state |
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how is the federal court structured?
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have the trial court (2)appellate court (3)final appellate court
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the trial court is also called the (1)
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us district court
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the us district court is also called(1)
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trail court
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thhow how trial courst are there?
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94
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there are (1)trial courts
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94
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in the us district court how many judges are there?
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one per case or jury hears it
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how many trail courts does florida have?
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3
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florida has (1)trail courts
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3
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the apllelate court is also called the (1)
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us court of appeals
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the (1)is also called the us court of appeals
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applleate court
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T or F
you do no havea right to appeal at the apellate level |
false
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how many federal appellate courts are there?and what are they called?
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there are 13-courts that cover geographic areas know as circuts
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what is circuit?
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geographic area that the 13 apellate courts cover
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Floirda is the (1) along with GA and AL
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11
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what circut is florida?
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11
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how many judges are on the appellate court level?
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panel of 3 judges--marjority wins
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what is the 11th circuit?
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covers FL, GA, and AL
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the final appellate court is also called the (1)
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us supreme court
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the us supreme court is also called the (1)
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final appellate court
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where is the us suprime court located?
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whastion dc
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how many people sit on the final appellate court?
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9 justices
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for the final appellat ecourt there are (1)justices
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9
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what are the 9 justices on the supreme court? names? (9)
|
(1)john Roberts (2)ruth Bather Ginsberg (3)Samual Alito (4)stephen breyer (5)Antonin Scalia (6)ananthony kennedey (7)david souter (8)clarence thomas (9)john Paul Stevens
|
|
|
Tor F the suprme courts hears all cases
|
false
|
|
|
what are the 9 justices on the supreme court? names? (9)
|
(1)john Roberts (2)ruth Bather Ginsberg (3)Samual Alito (4)stephen breyer (5)Antonin Scalia (6)ananthony kennedey (7)david souter (8)clarence thomas (9)john Paul Stevens
|
|
|
how many cases does the suprme court hear/
|
about 10% of its docekt
|
|
|
how is a case appealted to the suprme court?
|
writ of certiorari (2)certification
|
|
|
what is write of certiorari?
|
application by litigant in a lower court, asking the court to rule on the case
|
|
|
NAME
this is an application by litigant in a lower court, asking the court to rule on the case |
write of certiorai
|
|
|
what is the certifcation mean?
|
application by a lower court asking the suprem court to rule on a matter
|
|
|
NAME
this ian application by a lower court asking the supreme court to rule on a matter |
application
|
|
|
T or F
all federal judges are appointed by the presidents. however, they do not serve for life |
false-have to be impeached
|
|
|
who appoints the federal justices?
|
presidents
|
|
|
how is the state court system structured? (3)
|
(1)At trial level--
have County courts circuit courts (2)Florida appellate court (3)florida suuprme court |
|
|
how many county courts are there in fl?
|
67
|
|
|
there are (1)county courts in fl
|
67
|
|
|
what does the county courts handle?
|
misdeamanors, violations of ordiances, actions to which the matter in controversy does not exceed 15,000. simple disolutions and some landloard/tenant and some real property matters
|
|
|
what is the small claims court?
|
a divsion of the county court systems were the matter is under 5,000
|
|
|
NAME
this is a a divsion of the county court systems were the matter is under 5,000 |
small cliams court
|
|
|
NAME
this courts hears misdeamanors, violations of ordiances, actions to which the matter in controversy does not exceed 15,000. simple disolutions and some landloard/tenant and some real property matters |
county court
|
|
|
how many circuit courts are there in fl?
|
20
|
|
|
florida has (1)circuit courts
|
20
|
|
|
what do the circuit courts handle?
|
appeals from the coutny court and all mmatters in which the matters exceed 15,000
|
|
|
NAME
this courts handles appeals from the coutny court and all mmatters in which the matters exceed 15,000 |
the circuit court
|
|
|
what are the divisions of the circuit court?
|
(1)criminal (2)civil (3)wills and trusts (4)guardianships (5)juvenile (6)domestic (7)complex buisness litigation
|
|
|
how long do our circuit judges serve?
|
6 year terms
|
|
|
NAME
these judges serve 6 year terms |
circuit judges
|
|
|
the florida appellate court is known as the (1)
|
district of court of appeals
|
|
|
the district of court of appeal refers to the (1)
|
florida appellate court
|
|
|
what does DCA stand for?
|
district court of appeals
|
|
|
how many dca are there in fl?
|
5
|
|
|
florida has (1)dcas
|
5
|
|
|
who appoints the judges on the appellate court?
|
governer and retained through merit retention
|
|
|
NAME
these judges are appointed by the governer and are retinaed through merit retention |
florida appellate court judges and florida supreme court justices
|
|
|
florida finals appelalte court is known as the (1)
|
florida supreme court
|
|
|
(1)is known as the florida supreme court
|
florida apellate court
|
|
|
what cases MUST the florida appellate court hear/ (4)
|
(1)death penality appeals (2)bond validaiton cases (3)rate decisions of the public service comissions (4)decisions of a DCA finding either a state statute or part of the florida consitution unconsitutional
|
|
|
T or F
the florida supreme court has discretion over its entire docket |
false must see the following cases
(1)death penality appeals (2)bond validaiton cases (3)rate decisions of the public service comissions (4)decisions of a DCA finding either a state statute or part of the florida consitution unconsitutional |
|
|
how many florida supreme court justice are there?
|
7
|
|
|
there are (1)florida supreme court justices
|
7
|
|
|
who are the florida supreme justcies?
|
(1)charles wells (2)peggy quince (3)fredericl lewis (4)barabara Pariente (5)harry anstead (6)rauol cantero (7)kenneth bell
|
|
|
who appoints the florida supreme court justices?
|
goverener and retained throug merit
|
|
|
STOPED HERE
|
STOPED HERE
|
|
|
which florida trail court should a plaintiff bring suit in if the matter is controversy is worth 16,000?
|
circuit court
|
|
|
when the state passes a law regarding traffic safety, this is an example of laws
|
protecting public, health, safety, and morals
|
|
|
for how many years does a senator serve?
|
6 years
|
|
|
STOPED HERE
|
STOPED HERE
|
|
|
T or F
the federal govt may regulate any phase of business so long as its justifed by the economic needs of the nation |
true
|
|
|
which florida trail court should a plaintiff bring suit in if the matter is controversy is worth 16,000?
|
circuit court
|
|
|
when the state passes a law regarding traffic safety, this is an example of laws
|
protecting public, health, safety, and morals
|
|
|
for how many years does a senator serve?
|
6 years
|
|
|
T or F
the federal govt may regulate any phase of business so long as its justifed by the economic needs of the nation |
true
|
|
|
T or F
local govt may not regulate business |
false
|
|
|
T or F
state laws cannot impose an unreasonable burden on interstae commerce |
true
|
|
|
who appoints the heads of adminstrive agencies?
|
executive branch
|
|
|
T or F
due process clause limits both govt and private acution |
false
|
|
|
T or F
the purpose of the first ten amendments to the consitution was to enlarge the power of the federal govt |
false
|
|
|
T or F
the constituion never has been amended by acutal practice |
False
|
|
|
T or F
the living document view of the constitution has a characteristic a strong govt |
true
|
|
|
T or F
because the power to regulate intersate commerce has been interpreted broadly, congress has great power to adpot regulatory laws affecting the economy |
true
|
|
|
T or F
the states may coin money as long as it is backed by gold |
false
|
|
|
T or F
the fifth and fourteenth ammendements prohibit the national and state governments from depriving any person of proerty without due process of law |
true
|
|
|
T or F
the consitution never has been amended by "actual practice" |
false
|
|
|
T or F
the living document view of the consitution ahs a characteris of strong govt |
true
|
|
|
T or F
because the power to regulate interstae commerce has been interpreted broadly, congress has great power to adpot regulatory laws affecting the economy |
true
|
|
|
T or F
the due process clause limits both govt and private auction |
false
|
|
|
T or F
the purpose of the first ten ammendements to the consitution was to enlarge the power of the federal govt |
false
|
|
|
T or F
in a federal system, a central govt is given power to act nationally while states aminister to local concerns |
true
|
|
|
T or F
the USA utlizes a tripartite division of govt |
true
|
|
|
T or F
the powers given by the federal govt to the state govt are described as delegated powers |
false
|
|
|
T or F
the power of the states to protect the general welfare of the people is called police power |
true
|
|
|
T or F
ex post facto laws can be adpoted by either states or the national govt |
false
|
|
|
T or F
federal law will bar stae action only when there is a federal law regulating the particular subject |
false
|
|
|
T or F
when there is a direct conflict btwn a federal and a state law, federal law prevails under the supremact clause |
true
|
|
|
T or f
slience of the congress in a particular area of law can indicate that congress wishes the state to pass law in that area |
true
|
|
|
T or F
the consitution may be amended but it always has been interpreted in the same way |
false
|
|
|
T or F
changes to the constiution have been brought about by interpretation amendemnet and practice |
true
|
|
|
T or F
under the bedrock view, the purpose of a constiution is sate certain fundamental principles for all time |
false
|
|
|
T or F
for the past century courts generally have followed the "living documents" view in interpreting the constuition |
true
|
|
|
T or F
the greatest change to the consitution has been made by th supreme court through interpretation |
true
|
|
|
law has is underpinning in the (1)of society
|
ethics
|
|
|
NAME
this is a branche of philosophy dealing with values regulating to the human conflict |
ethics
|
|
|
NAME
balancing profits with value of individuals and society |
business ethics
|
|
|
where do ethics come from? (6)
|
(1)religion (2)consciences (3)family (4)economic perspecitves (5)eduction (6)culture
|
|
|
why do ethical patterns change?
|
bc of social forces
|
|
|
NAME
these are forces that motivate society to make laws |
social forces
|
|
|
what are laws based on?
|
ethical of soceity
|
|
|
what is the friedman theory?
|
profit should always be a business motivating factor
|
|
|
NAME
this theory says that profit should always be a business motivating factor |
friedman theory
|
|
|
what is the roddick theory?
|
says that social objectives should e the primary focus of business not making a profit
|
|
|
NAME
this theory says that social objectives should be the primary focus of business not making a profit |
roddick theory
|
|
|
what is the differ btwn the friedman and roddick theories?
|
(1)friedman-profit should be the primary objective of business (2)roddick-social objective primary focus not making a profiit
|
|
|
T or F
ethics runs ahead of the law |
true
|
|
|
T or F
social ethics is the blueprint for future laws |
true
|
|
|
NAME
this is the blueprint for laws |
social ethics
|
|
|
why are businesses ethics important?(4)
|
(1)capitalism succeeds becaus of trust (2)studies show that business w the strongest ethics systems survive (3)if business act ethically, they avoid the govt forcing regulations and laws upon them (4)good reputation is vital for long term sucess
|
|
|
why does capitalism succeed?
|
bc of trust
ex)the business evironment relies on series of promises to be fulfilled ex)if you promise to loan me money, i will pay you back w interest |
|
|
T or F
studies show that the business with the strongest ethics system survive |
true
|
|
|
what is the sarbances/oxely act?
|
accurded after the finainial collapse of many bisness in 2001-2002 regarding coroprate ethics
|
|
|
what are the general objectives of the alw? (3) (MAIN)
|
creation of order (2)stability (3)justice
|
|
|
what ar some other reasons that the law are enacted/created? (10)
|
(1)protect the state (2)protect the person (3)protect the public health and safety and morals (4)protect property and title (5)protect personal rights (6)enforce of intent issue (7)protection from exploitation faud, oppression (8)further trade (9)protect debtors/creditors (10)stability and flexibility
|
|
|
name the purpose of these laws/reason it was enacted
right to press, religion, and speech |
protect personal rights
|
|
|
name the purpose of these laws/reason it was enacted
probate/intestacy laws |
enforcement of intent
|
|
|
name the purpose of these laws/reason it was enacted
protect minors/lemon laws |
protects from exploitation, fraud and opression
|
|
|
name the purpose of these laws/reason it was enacted
currency laws |
further trade
|
|
|
name the purpose of these laws/reason it was enacted
bankruptcy laws |
protect debtors/creditors
|
|
|
name the purpose of these laws/reason it was enacted
concept of stare decisis |
stability and flexibility
|
|
|
name the purpose of these laws/reason it was enacted
laws condemning treason and subversive practices, tax laws, patriot act |
protect the state
|
|
|
name the purpose of these laws/reason it was enacted
criminal law, civil law, protection of personal rights such as reputation and privacy, protection of contract and business relations ,employment laws |
protect the person
|
|
|
name the purpose of these laws/reason it was enacted
quarantine food insepections, inoculatiosn, traffic safety and drinking ages |
protect pblic and safety and morals
|
|
|
name the purpose of these laws/reason it was enacted
the owner may recover from theif, environment laws, real property laws |
protect the property and state
|
|
|
T or F
law is an evoluitionary concept as ethics change and new situtions arise |
true
|
|
|
how do business owners decide right and wrong? (6)
|
(1)be truthful (2)keep promises (3)be loyal by avoiding conflcits of interest (4)be fair (5)dont harm anyone (6)be confidential
|
|
|
NAME
this is the foundation of the legal environment |
consitution
|
|
|
NAME
this is the cornestone from which our government and laws emante |
constituion
|
|
|
when was the constiution passed?
|
1789
|
|
|
NAME
this sets forth the structure and power of the govt as wells as the limitations of those on powers |
consition
|
|
|
our govt system is a (1) and (2)
|
(1)federal (2)tripartile
|
|
|
NAME
this says that the central power to adminster to national concerns while individual states retain the power to administer to local concerns |
federal system
|
|
|
what is a tripartite sytem of govt?
|
has three branches (1)legislative (2)executive (3)judicial
|
|
|
NAME
this system of govt has three branches (1)legislative (2)executive (3)judicial |
triparite system
|
|
|
NAME
this branch of the govt makes the laws |
legislative branch
|
|
|
how long do senators serve for?
|
6 yrs elected popularly
|
|
|
how long do people in the house of respresnatitves serve?
|
2 year terms elceted popularly
|
|
|
NAME
this branch of the govt is a bicameral body bc has the senate and house |
legislative branch
|
|
|
Which branch makes the laws?
|
legislative
|
|
|
which branch execuates the laws?
|
executive branch
|
|
|
how long do people in the electrioral collage serve for?
|
4 year term
|
|
|
NAME
this branch of the govt interprets the laws |
judicial branch
|
|
|
STOPPED HERE
|
STOPPED HERE
|
|
|
who has the power to govern certain aspects of the law?
|
bottom line--federal supremacy
wins in all cases |
|
|
what says that the federal superamcy rules?
|
art VI of constiution
|
|
|
what is delegatd powers?
|
poswers given by the states to the federal covt
|
|
|
NAME
powers given by the states to the federal govt |
delegated powers
|
|
|
what are shared powers?
|
power shared by both state and federal govt
|
|
|
NAME
power shared by both state and federal govt |
shared power
|
|
|
what is state police power?
|
states possess power to adpot laws to protect the general walfare, heatlh, safety, and morals of the people
|
|
|
NAME
this refers to the power to adpot laws to protect the general welfare, health, safety, and morals of the people |
state police power
|
|
|
what is the prohibited powers?
|
constitution deicates what govt cannot do
|
|
|
NAME
contiution dictates what govt cannot do |
prohibited power
|
|
|
what is the differ btwn delgated and shared power? (2)
|
(1)delegated power-powers given by the states to the federal govt (2)shared powers-shared power by both the state and federal govt
|
|
|
what articles specfies what the powers of govt are?
|
1 and 8
|
|
|
T or F
the federal govt has beyond thse enumerate powers |
false
|
|
|
T or F
the the state cannot unreasonably interfere with federal powers |
true
|
|
|
NAME
ex of this power is ex post facto laws |
prohibited powers
|
|
|
what are examples of the prohibited powers?
|
ex post facto laws
|
|
|
NAME
exs of these powers include taxs and eminent domain |
shared powers
|
|
|
give some exs of shared powers?
|
taxes/eminenet domain
|
|
|
give exs of some ex post facto laws? (2)
|
(1)laws which make criminals an act already committed which was not criminal when committed (2)laws that increase the penality for an act already committed
|
|
|
NAME
ex of this law are laws which make criminal an act already committed which was not criminal when committed |
ex post facto
|
|
|
NAME
these are laws that increase the penalty for can act already committed |
prohbited power
|
|
|
T or F
the country's first form of govt was based on constiution |
false-articles of confederation
|
|
|
NAME
this doc established the country as simply lossed connected states w all powers retained by the individual states |
articles of confederation
|
|
|
what are the articles of confederation?
|
doc established the country as simply lossed connected states w all powers retained by the individual states
|
|
|
what are some problems assoicted with the articles of confederation? (5)
|
(1)there are no president-only congress was established that couldnt tax or raise an army (2)there was no federal judiciary if conflicts arise amoung states (3)each state started prinitings its own money (4)some states started levying border taxes (5)some startes started negotiating their own treatisies
|
|
|
why was the consitution created?
|
because of the problems with the articles and the overwheleming desire to promote optimal fredman
|
|
|
what the goals of the consitution by the people that created?
|
to write a constiution that set up a federal govt FOR THE STATESwhe
|
|
|
when was the us constitution passed?
|
March 4 1789
|
|
|
the us constitution was created (1)
|
march 4 1789
|
|
|
what is preamble?
|
explains why the us consitution was created
|
|
|
describe the format of the us consitution?
|
(1)preamble-explains why it was written (2)the main bdoy (3)7 articles broken into sections
|
|
|
the first ten ammendments to the consition are called the (1)
|
bill of rights
|
|
|
how many times has the constituion been ammended?
|
27
|
|
|
the consitution was been amended (1)times
|
27
|
|
|
T or F
today we view the consitution differently then the founders viewed it when orginally written |
true
|
|
|
what has brought about hte greatest change to the us consitution?
|
interpretation
|
|
|
T or F
ammending the consitution is a easy process |
false
|
|
|
what does it involve to ammend the consitution? what is needed? (2)
|
(1)interpretation needs to change (2)ammendment--2 ways
(a)2/3 of both the house and senate make the proposed amenedment (b) a special convention is called by congress if 2/3 of state request one Once the amendment is formally propsed by either of these two means, it must be voted upons the amendment may be ratified in one of two ways? (a)3/4 of the state legislatures or b)by a special convention held 3/4 of the state (3)praticie |
|
|
the bedrock view is also called the (1)
|
strict constructionist
|
|
|
the bedrock view is also called the (1)
|
strict constructionist
|
|
|
(1)is also called the stricit constructionist
|
bedrock view
|
|
|
what ist he bedrock view?
|
intrepts the consituition as
giving the federal govt the LEAST power possible |
|
|
given a example of a someone who uses the bedrock view?
|
justice scalia
|
|
|
the living document is also called the (1)
|
judicial activism
|
|
|
(1)is also called the judicial activism
|
living document
|
|
|
what is the living document view?
|
intrerpets the consitution as
broadly as to give the federal govt and the courst the GREATEST power--particulary the judicial branch |
|
|
what is the goal of the bedrock view?
|
stabiltiy
|
|
|
what is the goal of the living documnet view?
|
flexibiltiy
|
|
|
NAME
the goal of this view of the consitution is stability |
bedrock view
|
|
|
NAME
the goal of this view of the consitution is flexibiltiy |
living document
|
|
|
what branch has the most power in the living document view?
|
judicial branch
|
|
|
NAME
with this view of the consitution, the federal govt should have the LEAST power |
bedrock veiw
|
|
|
NAME
with this view of the consitution, the federal govt and courts should have the GREATest power esp the judical branch |
living document
|
|
|
T or F
the view of the consitution as merely a statement of goals and objectives. intended to grow and change with time |
true
|
|
|
what view over the last century for the consitution, has been adpoted?
|
living document
|
|
|
what view of the consitution does the jsutice ginsberg have ?
|
living document
|
|
|
what view does justice scalia have?
|
bedrock view
|
|
|
what are some results that have occured because of the adpotion of the living document view? (5)
|
(1)strengthen the federal govt's power--ex/ business regulated and enconomy controlled (2)expand protection of human rights--ex privacy (3)stronger president-exert more power on law making process by appointing judiciary consistent with the president view (NOT ORGINALLY intended)
(4)eclipse of state --regulation gradullay gravited away from states (5)rise in administirive agencies |
|
|
T or F
the book suggests that the adminstrative agencies have become the 4th branch of the govt |
true
|
|
|
when can federal powers exercise these powers?
|
they exercise all other powers that are NECESSARY AND PROPER to carry out all powers vested in the govt
|
|
|
what parts give the federal govt power?
|
articles 1 and 8
|
|
|
what are some types of federal powers (6)
|
(1)protect commerce (2)finanical powers--tax, barrow, spend, and coin money (3)power to declare war, raise, and support armies provide for military defense (4)property powers to dispose of and make rules regarding protery owned by us (5)to easblish a post office (6)over citizenship
|
|
|
what kind of commerace is the federal govt involved in?
|
exchange btwn 2+states
|
|
|
why is protecting commerce important?
|
bc do not want to economic barriers in btwn staes
|
|
|
How is interstate commerce defined?
|
anything that crossed state lines that affectes commerce
|
|
|
NAME
this refers to anything that crossed state lines that affects commerce |
interstate commerce
|
|
|
NAME
this interfers states from undulg interfering in commerce |
federal govt
|
|
|
T or F
bot the federal and state govt can tax for public purpose |
true
|
|
|
can state borrow money?
|
yes but limited by state consitution and statues
|
|
|
when can the federal govt spend money?/borrow money
|
when common defense and general welfare but this has been more broadly interpreted to mean any public purpose
|
|
|
when can coin money?
|
only the federal govt
|
|
|
who regulates the banks, federal or state?
|
federal
|
|
|
what are some limitations upon the govt?
|
(1)due process (2)equal protectiong of the law
|
|
|
what parts of the consitution talk about the right to due process?
|
5th through 14 the ammendments.
|
|
|
when can the right to due process be overwritten? give exs
|
if the law is neccessary to promote a complelling override of intrest ex) fundamental rights- travel, privacy, and voting 1st amendement rights
|
|
|
which part of hte conisution offers equal protection of the law
|
14 the amendment
|
|
|
what does equal protection of the law mean?
|
everyone treated fairly
|
|
|
NAME
this says the govt cannot govt cannot art arbirtarily or capricisouly |
equal protection of f law
|
|
|
NAME
this was the foundation of the civil rights movement |
right to equal protection of the law
|
|
|
what is the differ btwn the due process and equal protection?
|
where a law limits all persons it is a due process (2)when a law limits the libierty of SOME people it is a an equal protection question
|
|
|
if a law limits the liberty of ALL person it is a question of the right to (1)
|
due process
|
|
|
if a law limits the liberty of SOME people. it is a questions of (1)
|
equal protection of the law
|
|
|
ex)
law prohibiting all persons from puscharing contraceptive devices this is a question of (1) |
due process
|
|
|
ex)
law prohibiting unmarried persons from purchasing contraceptives devices this is a question of (1) |
equal protection
|
|
|
the state is restricted by (1)
|
privileges and immunities
|
|
|
what does it mean that a states are restricted by privileges and immunities/
|
a person goe sto another state is entilled to make contracts, own property, and engage in buisiness in the same extent of citzens of another state
|
|
|
NAME
this means that a person goe sto another state is entilled to make contracts, own property, and engage in buisiness in the same extent of citzens of another state |
states are restricted by privilegse and immunities
|
|
|
what does the protection of person mean?
|
right to privacy
|
|
|
NAME
this refers to the right to privacy |
protection of person
|
|
|
T or F
the supreme court has found consitutional protection for personal rights not expressed or set forth in the consitution |
true
|
|
|
T or F
florida does not have its own consitution |
false-limits the power ot hf state govt
|
|
|
T or F
the florida consitution does not limit state govt |
false
|
|
|
T or F
the state consitution provides more articualted rights then those provided in the us consitution |
true
|
|
|
what are some examples of right sp in florida that are more detailed then the federal govt rights/
|
(1)right to privacy (2)right to work (3)prohibitions against discrimination
|
|
|
T or F
three is an overwheleming pattern of cont gover regulations ovt business |
true
|
|
|
what are some govt regulations?
|
(1)power to regulate business (2)regulation, free enterpreise, and deregulation
|
|
|
what is the states do as far as govt regulations?
|
regulate all aspects of business using "police power"
|
|
|
states have the right to regulate all aspects of business by using (1)
|
police power
|
|
|
how power does the state have over govt regulations?
|
regulates all ascpets of business
|
|
|
how much power does the local govt have for govt regulations?
|
may regulate to the extent the state permits
|
|
|
how much power does federal govt have for govt regulations?
|
may regulate any phase of business as long as justified by the economic needs of the nation --BROAD
|
|
|
NAME
this part of the govt may regulate any phase of business so long as justifed by encominic needs of the nation |
federal
|
|
|
NAME
this part of hte govt may regulate all aspects of business by using "police power" |
states
|
|
|
regulation of business is the (1)
|
antithesis of free enterprise
|
|
|
T or F
three is an overwheleming pattern of cont gover regulations ovt business |
true
|
|
|
what are some govt regulations?
|
(1)power to regulate business (2)regulation, free enterpreise, and deregulation
|
|
|
what is the states do as far as govt regulations?
|
regulate all aspects of business using "police power"
|
|
|
states have the right to regulate all aspects of business by using (1)
|
police power
|
|
|
how power does the state have over govt regulations?
|
regulates all ascpets of business
|
|
|
how much power does the local govt have for govt regulations?
|
may regulate to the extent the state permits
|
|
|
how much power does federal govt have for govt regulations?
|
may regulate any phase of business as long as justified by the economic needs of the nation --BROAD
|
|
|
NAME
this part of the govt may regulate any phase of business so long as justifed by encominic needs of the nation |
federal
|
|
|
NAME
this part of hte govt may regulate all aspects of business by using "police power" |
states
|
|
|
regulation of business is the (1)
|
antithesis of free enterprise
|
|
|
NAME
this is the antithesisis of free enterprise |
regulation of business
|
|
|
what is regulation of business?
|
the antithesis of free enterprise
|
|
|
what is complete free enterpise system?
|
anything goes--let the market regulate itself
|
|
|
NAME
this view of business regulation says that anything goes--let the market regulate itself |
complete free enterprise system
|
|
|
T or F
in a complete free enterprise system, there is are safety standards, labor laws, and price regulations, insepctions , and approvals |
false
|
|
|
in a complete free enterprise system, are their safety standards, labor laws, and price regulations, insepctions , and approvals
|
no
|
|
|
Give an ex of a govt that has a totally regulated system?
|
communist china
|
|
|
NAME
an ex of a govt that has this type of govt regulation system is communist china |
totally regulated system
|
|
|
what is a totally regulated system?
|
govt set prices, establishes standards, controls how many employees hired and fired, controls expansion, profit and prices
|
|
|
NAME
this form of govt regulation system, the govt set prices, establishes standards, controls how many employees hired and fired, controls expansion, profit and prices |
totally regulated system
|
|
|
what are two systems that can be used for govt regulations of business?
|
(1)complete free enterprise system (2)totally regulated system
|
|
|
T or F
if people believe that the govt is regulating too excessivly, people will lobby for "deregulation" |
true
|
|
|
how does govt regulate business? 14
|
(1)prohibit advertising (2)establish health and purity standards (3)licensure (4)quanity to be produced (5)price product may be sold (6)engage in owning and operation business (7)provide assistance and incentives (8)transportation and communiction (9)regulates financing (10)sets standards for weights and measures (11)prohibit unair competition (12)prohibit monopolies and combinations (13)(regulation of employment
14)regulation of labor regulations |
|
|
give an ex of the govt establish health and purity standards?
|
FDA regulating prescription drugs
|
|
|
give ex of govt regulates lincensure?
|
doctors etc drivers
|
|
|
give ex of how gov regualtes price product may be sold
|
hurricane legistlation--price control of lumbar, price gouging for hotels, and rent control
|
|
|
give an ex of how govt regulates engage in owning and operating business
|
govt owns nuclear plants and leasees them (2)govt owns aircrafts factories and lisencures them to companies such as mcDonald, us post service to private companies such as UPS
|
|
|
give an ex of the govt provides assistance and incentives to regulate business?
|
assist small business that cannot afford health care plan, give grants to revitalize inner cities
|
|
|
give an ex of how govt regulates transportation and communication
|
federal govt investigats airplane, trunk, and railroad accidents, and regualtes safety, cable tv regulations
|
|
|
give an ex of how gov regulates financing (2)
|
sets interest rates through the federal reserve (2)regulates procedures nad paperwork for finanical transactions
|
|
|
give an ex of how the govt regulates sets standards for weights and measures?
|
metric conversion act of 1975, how manufacturos label products weight of cereal
|
|
|
give an ex of how govt regulates prohbit unfair competation?
|
ex fl-noncompetition laws-fed-unfair competition laws overseen by the federal trade commission
|
|
|
how does the govt regulate prohibit price discrimination?
|
the govt may regulate the prices to be charged and may set limits on interest rates and may impose rent control (2)clayton act and the robinson patman act-federal laws which prohibit any attempt to lessen competition or create a monopoly in a any line of commerce
|
|
|
what is the clayton act and the robinson-patman act
|
federal laws which prohibit any attempt to lessen competition or create a monopoly in a any line of commerce
|
|
|
NAME
these are federal laws which prohibit any attempt to lessen competition or create a monopoly in a any line of commerce |
clayon act and robinson patman act
|
|
|
what is the sherman act?
|
prohibits monopolies and combinations btwn 2 or more person with unreasonaly restrain trade
|
|
|
NAME
this act prohibits monopolies and combinations btwn 2 or more person with unreasonaly restrain trade |
sherman act
|
|
|
the sherman act is also called the (1)
|
federal antitrust act
|
|
|
(1)is also called the federal antitrust act
|
sherman act
|
|
|
what is a parens patriate action?
|
class action on behalf of the state to bring an action to recover or behalf of those who have paid to much
|
|
|
NAME
this class action on behalf of the state to bring an action to recover or behalf of those who have paid to much |
parens patriate action
|
|
|
what is premerger notfication
|
when large enterpises plany to merge they must give written notifcation and obatina the approval of the FTC
|
|
|
NAME
this is when large enterpises plany to merge they must give written notifcation and obatina the approval of the FTC |
premerger notification
|
|
|
what are takeover laws?
|
aimed at protecting the parties involved in the combining of differ enterprices
|
|
|
NAME
these laws are aimed at protecting the parties involved in the combining of differ enterprices |
takeover laws
|
|
|
what are anti-price fixing laws?
|
competitors cant agree to set prices
|
|
|
nAME
these law says that competitors cant agree to set prices |
anti price fixing laws
|
|
|
how does the govt regulate prohibit monoploies and combinations? (3)
|
(1)federal antitrust act (2)premerger notification (3)takeover laws (4)takeover laws
|
|
|
what are some punishments for violating the federal antitrust laws? (3)
|
(1)fine and imprisionment (2)indivual damage suit to anyone harmd (3)attorney general may file a "arens Patriate action"
|
|
|
what is a "seek trebele damges?
|
when an indvidial files a damage suit by aynone harmed
|
|
|
NAME
this is when when an indvidial files a damage suit by aynone harmed |
seek treble damages
|
|
|
what is the fair labor standards act?
|
says that persons cannot be paid less for min wage or plus 40 hours-paid time and half, and children under 14 cannot work
|
|
|
NAME
this laws says that anyone cannot be paid below min wage and work over 40 hours-paid time nad half and children under 14 cannot work |
fair labor standards laws
|
|
|
what is the federal civial rights act?
|
sayst that cannot discriminate on the basis of race, color, sex, national orgin, or age
|
|
|
NAME
this law sayst thatcannot discriminate on the basis of race, color, sex, national orgin, or age |
federal civil rights act
|
|
|
what is the ADA of 1990?
|
anyone employing greater then 15 must not discriminate against any quailifed person with respect ot hiring, firing or conidiotn, of emplyoment....must supply "reasonable accomadtions
|
|
|
NAME
this laws says that anyone employing greater then 15 must not discriminate against any quailifed person with respect ot hiring, firing or conidiotn, of emplyoment....must supply "reasonable accomadtions |
ADA of 1990
|
|
|
what are some ways that the govt regulates employment?
|
(1)fair standards act (2)fair employment practies act like federal civil rights act, ADA of 1990,
|
|
|
NAME
this act tells how manufactuors label products such as weight of ceral |
metric converstion act
|
|
|
NAME
this this act tells how manufactuors label products such as weight of ceral |
metric conservation act
|
|
|
how does the govt regulate labor regulations?
|
federal statues authorize employees to form union in order to deal with employers and prohibits disrciminatio against union members
|
|
|
what is NLRB?
|
federal agency charge with protecting the right sof workers to unionize
|
|
|
NAME
this federal agency charge with protecting the right sof workers to unionize |
NLRB
|
|
|
describe how many of ALL courts in numbers there and how broken down
do federal first then state |
FEDERAL
TRAIL court each state has at least one. fl has 3 and 94 in us apellate court 13 circuits- 11th is fl, ga, and al final apellate court located in the washignton dc STATE trial court a)county court-67 in fl b)circuit court-20 in fl florida apellate court 5 in fl (3)Florida supreme court 7 justices |
|
|
describe how many of ALL courts in numbers there and how broken down
do federal first then state |
FEDERAL
TRAIL court each state has at least one. fl has 3 and 94 in us apellate court 13 circuits- 11th is fl, ga, and al final apellate court located in the washignton dc STATE trial court a)county court-67 in fl b)circuit court-20 in fl florida apellate court 5 in fl (3)Florida supreme court 7 justices |
|
|
describe how the long the parties in senate, house, and electrol college serve?
|
legisaltive branch
a)senate-6 years house-2 years b)adminstritive branch electrolal college=4 years |
|
|
what are the differ types of new alternative dispute resolutions? (9)
|
(1)arbriation (2)mediation (3)medarb (4)reference to 3rd person (5)association tribunals (6)summary jury trail (7)rent a judge (8)mini trail (9)contractual provisions
|
|
|
what is the differ btwn a summary jury trail and a mini trail?
|
(`1)summary jury trail-mock trail (2)mini trail=only part of the evidecne /case is presented hence a shortended trail
|
|
|
NAME
this refers to a mock trail |
summary jural trial
|
|
|
NAME
this is jst a shortended trail were only part of the evidence is presented |
mini trial (think mini shortended)
|
|
|
what are some classification of the law?
|
(1)substantive (2)procedural law
|
|
|
what is the differ btwn substantive law and procedural law?
|
(1)substantive- is creates. and defines and regulates the rights and liabilities (DEFINES these rights)
(2)procedural law-says how these rights nad laws are going to be ENFORCED)....hence steps to carry this out |
|
|
what is the differ btwn substantive law and procedural law?
|
(1)substantive- is creates. and defines and regulates the rights and liabilities (DEFINES these rights)
(2)procedural law-says how these rights nad laws are going to be ENFORCED)....hence steps to carry this out |
|
|
what are some sources of the law? (4)
|
(1)consitutional (2)statury law (3)adminstritive regulations (4)case law
|
|
|
what is the differ btwn arbitration, mediation, medarb, and reference to 3rd person?
|
(1)arbitration-is when the dispute is brougt before one or more arbirutiors..they can decided is decision is binding or not (2)mediation- a netural party tries to convince the parties about a settlement
(3)medarb-where the artiburtor acts as the mediator (4)reference to 3rd person- 3rd person or committie is asked to made out of court disucsion |
|
|
what are some classification of the law?
|
(1)substantive (2)procedural law
|
|
|
what is the differ btwn substantive law and procedural law?
|
(1)substantive- is creates. and defines and regulates the rights and liabilities (DEFINES these rights)
(2)procedural law-says how these rights nad laws are going to be ENFORCED)....hence steps to carry this out |
|
|
what is the differ btwn substantive law and procedural law?
|
(1)substantive- is creates. and defines and regulates the rights and liabilities (DEFINES these rights)
(2)procedural law-says how these rights nad laws are going to be ENFORCED)....hence steps to carry this out |
|
|
what are some sources of the law? (4)
|
(1)consitutional (2)statury law (3)adminstritive regulations (4)case law
|
|
|
what is the differ btwn arbitration and mediation?
|
(1)arbitration-is when the dispute is brougt before one or more arbirutiors..they can decided is decision is binding or not (2)mediation- a netural party tries to convince the parties about a settlement
|
|
|
what is the differ btwn contractual provision, reference to a 3rd person, and associational tribunals/
|
(1)reference to a 3rd person-3 person is asked or committe to make an out of court descision (2)contralctual provision-parties contract out on how to disputes are to be resolved (3)associational tribunal-parties are part of organization...deciede if dispute arises that tribunal in orgniazation will resolve the dispute
|
|
|
what is the differ btwn contractual provision, reference to a 3rd person, and associational tribunals/
|
(1)reference to a 3rd person-3 person is asked or committe to make an out of court descision (2)contralctual provision-parties contract out on how to disputes are to be resolved (3)associational tribunal-parties are part of organization...deciede if dispute arises that tribunal in orgniazation will resolve the dispute
|
|
|
tell where the following areas are defined in the consitution
federal supremacy rule delegated powers defines federal powers (ex federal coins money etc) due process equal protection |
(1)federal supremecy rule-article 6
(2)delegated powers- artcicles 1 and 8 (3)defines federal powers- articles 1 and 8 (4)due process== 5th through 14 amendments (5)equal protection of law-14 amendment |
|
|
NAME
this is considered the 4th branche of govt |
adminstrive branches
|
|
|
what level can find adminstrive agenecies, federal or state?
|
btoh
|
|
|
NAME
this is resposiblefor promulgates rules and regulations |
adminstrive agencies
|
|
|
who appoints the adminstrive agencies to carry out their policies of the legislative and executive branch?
|
the executive branch
|
|
|
T or F
adminstrive agencies are appointed by congress to carry out the polices of the legeistlative and exective branchesf |
false-executive
|
|
|
are adminstrive agencies appointed or elected?
|
appointed by the executive branch
|
|
|
what kind of power do adminstroive agencies have, legistlative, executive or judisical?
|
all
|
|
|
in regards to the adminstrive agencies, what are some rights for the general public?
|
public acess to the happening of the adminstrive agencies
|
|
|
T or F
people do not have the right to kown the happenings of public adminstrive agencies |
false
|
|
|
how is public acess for adminstrive agencies accomplished?
|
(1)open meetings with public input invivted(2)open records (3)public annoucment of guidlines and regulations
|
|
|
T or F
all adminstrive meetings for adminstrive agencies are public |
false MOST
|
|
|
what is the APA act?
|
requires that meetings ate the admisntrive agencies be public acess MOST
|
|
|
what does APA act stand for?
|
adminstrive procedures act
|
|
|
NAME
this act requires that meetings at the adminstrive agencies be public acess |
APA act
|
|
|
what acts say that the adminstrive agencies must have open records?
|
(1)federal-freedom information act (2)fl-sunshine act
|
|
|
NAME
these (2)acts say that information contained in publc records at adminstirve agencies must be available to the public upon request |
federal freedom information and sunshine act
|
|
|
T or F
each agencise pubkiushed procedural gudines as to how regulations are passed |
true
|
|
|
what is the federal register?
|
are daily publications of all federal adminstrive agencies
|
|
|
NAME
are daily publications of all federal adminstrive agencies |
federal register
|
|
|
when does a federal regulation for an adminstivve agency become binding?
|
until printing in the federal register
|
|
|
T or F
federal regulations for adminstrive agencies can become binding before it is printing in the federal register |
false must be printed first
|
|
|
how do adminstrive agencies assume a legistative function?
|
make laws and regualtions (rules) within the scope of the authority
|
|
|
can adminstrive agencies make laws and regulatiosn within authority?
|
yes
|
|
|
When will a court review the rules and regulations of an adminstrive agency?
|
only is did not arbitraly GO BEYOND the powers granted
|
|
|
what are the executive power of adminstrive agencies? (4)
|
allowed to exucte and bring proceedings down upon violaters in the following ways
(1)investigate (2)require persons to appear as wtiness (3)require witness to produce relevant papers and records (4)bring proceedings against violators |
|
|
T or F
the govt does impose some significant limiations upon the power of agencies |
false
|
|
|
what are some judicial powers that adminstrive agencies can have?
|
(1)an agency may sit at court to determine wheterh there have been violations of that agencies rules and regulations.(2)have power to impose penalty and issue orders that are binding on the regualted person
|
|
|
why is it a contratory to our judical branch for (1)an agency may sit at court to determine wheterh there have been violations of that agencies rules and regulations.
|
(1)agency -itself determine whether theres been a violation of law (2)no jury bust must follow due process
|
|
|
who deciedes when a person violates the rules and regulations of an adminstirve agency?
|
the agecny sits at court..they determine
|
|
|
is a person entitled to a jury when determining if they violated the rules of adminstrive agency?
|
no adminstrive agency decieded
|
|
|
T or F
a judge or jury deciedes if a person violated the adminstrive and agencies rules and procedures |
false-adminstrive agency deciedes
|
|
|
what are the general pattern of aasmintrive proceedings when someone is charged with violating regulations of that adminstirve agency?
|
(1)complaint (filed indivual or by agency (2)service of process (3)answer (4)other pleading (5)hearing (6)rehearing within agency or appeal to court
|
|
|
T or F
the hearing for whether a person violated admisntrive agencies have its own rules |
true
|
|
|
is there are jury at the heraings for wheter a person violated rules nad regulations of adminstrive agencies?
|
no
|
|
|
when can someone appeal to the decision made by hearing of adminstrive agency?
|
mist first appeal to the adminstrive remedies then once they issue a final order ...they may appeal to the court
|
|
|
what happens if the court finds that the adminstrive agency made a mistake?
|
(1)any decision involing discretion will not be reveresed in the absense of an error of law or a clase abuse of discretion (2)bad decisions--the agency enjoys limited lisability
|
|
|
T or F
in regards to admintrive agencies hearing, any decision involing discretion will not be reveresed in the absense of an error of law or a clase abuse of discretion |
true
|
|
|
what are the punishments for vilating the rules and regulations of admsintrive agencies?
|
have power to impose penalty and issue orders that are binding.
ex)fines may require madatory reporting |
|
|
T or F
adminstrive agencies have power to impose penalty and issue orders that are binding. |
true
|
|
|
what are some ways to check on admsintrive agencies? (3)
|
(1)go to open meetings /open recorsd/open regulations (2)public input (3)apellate process-clear abuse of disrection standard
|
