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81 Cards in this Set

  • Front
  • Back
a rule a goverment will enforce
legislative law
laws enacted by the various state legislatures and the United States Congress
2 kinds: Legislative & Statutes
constitutional law
constitutions and their amendments. require 2/3 majority to enact
legislative laws sed to control bothe the government and its people
an orderly arrangement of laws organized according to subject matter
state code
state constitutional provisions and their statutes
U.S. code
legislative laws enacted the the U.S. Congress
judicial law
the interpretation of the law made by the courts, consists of reported case decison and is summarized in legal encyclopedias
common law
aka judicial law, primary authority comes from the courts
a case decision which the courts will follow in the future when similar situtaiton present themselves
legal encyclopedia
contain summarized state and feeral case law and are well organized and clearly written
Am. Jur. 2nd
most widely used legal encyclopedia
administrative agency
govermental units created by state legislatures and ocngress to regulate areas of the law requiring special expertise and constatn vigilance
administrative regulation
regulations established by administrative agencies
state code of administrative regulations
book in which all state agencies publish their codes
Code of Federal Regulations
the book in which all U.S. administrative agencies publish their codes and regulations
enabling acts
statute which create administrative agencies and given agencies authority to regulate various aspects of governmental activities
priority of laws
constitutional provisions, statutes, judicial laws, and administrative agencies
Doctrine of Federal Supremacy
when state and federal laws conflict, feral laws have supremacy
wrongful actions for which the courts will grant compensation
cause of action
a right to relief from the courts
civil action
cause of action belings to an individual or company rather than the public at large
criminal action
wrongs against the public in general actionable only by the government
double jeopardy
constitutional prohibition against trying a person again after a first trial for the same offense
res judicata
legal doctrine that prevens an aggrived party from taking a matter before a court more than once
a type of court order probitibiting the toritous conduct in the future
nominal damages
damages in name only and are usually no more than one dollar
compensatory damages
damages designed to merly cover the cose of the losses to the victim
punitive damages
damages awarded in addition to compensatory damages to punish the wrongdoer and discourage the conduct
intentionally causing the offensive touch of another
offensive touching
touching w/o permission
express consent
consent made with words
implied consent
consent made by actions
intentionally causing apprehension of battery
apprehension of battery
expectation of being touched immediately
false imprisonment
intentionally causing confinement where the victim is aware of the confiment or harmed
detaining someone who is aware of being detained or injured in the process for any lenght of time whatsoever
emotional distress
mental suffering such as grief, fer, anger humiliation, etc
outrageous conduct
conduct that substantially exceeds the limits of human decency
invasion of privacy
intentionally causing:
appropriation of the right to publicity, or
intrusion into private places, or
public disclosure of private facts, or
placement in a false light
using a person's name or image w/o consent
entering into te private places of antoher by physical, elctronic or other means
public disclosure
communication of information about a person to someone w/o legitimate interest in the information
private facts
facts that people generally consider to be perosnal such as creidty ratings, health conditions, educaitonal records, etc.
false light
creating a situation in which others are led to believe something about the person that exposes him to ridicule or contempt
real property
the land and everything attached to it in a permanent way
trespass to land
intentionally causing somehting to enter the land or airspace of another
extention of a persons property to the point where the goverment has taken an easement for private, commercial, miliarty and scientific aviation
private nuisance
intentionally causing interference with the use of privately owned land
public nuisance
interfence with publicly owned land, actionable only by goverment
personal property
personal property
all property that is not land or permanently attached to land
trespass to chattels
intentionally causing interference with the chattels of another
intentionally causing the taking of the chattels of another
actually carrying the item away or merley rendering it useless while it is still in the possession of the victim
intentional misrepresentation
intentionally misrepresenting material facts to others who justifiably rely on their detriment
a lie
justifiable reliance
the victims reasonable reliance on a lie. victime cant be negligent in relying on the misrepresentation or reliance will not be found resonable
fraud in the inducement
lying to someone about people to motivate them to take some action that is not in their best interest
fraud in the execution
(fraud in the factum)
lying to someone about what they are signing
defamation of character
intentionally publishing a false and defamatory statment about a person w/o a privilege to do so
written defamation
spoken defamation
communication of a defamatory statement to a person other than the victim
false and 'bad' statment that subjects victim to ridicule or contempt
conditional privilege
people have a conditional privilege to pubish false, defamatory statements about others when they have reason to beleive the statement are true and they communicate only with parties who have a legitimate interest in the information
injurous falsehood
intentional and malicious publishing of a false and derogatory statement about a persons title, property, credit, business or other property or interests
statement made for an improper purpose knowing that it is false or with recless disregard for the accuracy of the statement
interference with contractual relations
intentionally causing another to breach a contract
a promise courts will enforce
interference with prospective advantage
intentionally interfering with anothers business for a purpose other than fair competition
prospective advantage
opportunities to earn profits from a persons business
neglisgence is the breach of a duty to behave reasonably which causes foreseeable harm to foreseeable victims
strict liability
liability imposed w/o fault or negligence, people who engage in dangerous activities or in selling unreasonably dangerous defective products will be liable for any damage resulting from their activities or products regardless of how careful they have been
a legal obligation to do or refrain from doing something
occurs when a person provides an action or thing necessary for an occurence in which somone is injured
fiduciary duty
a legal obligation to act in the best interest of another
fiduciary relationship
relationships in which one or both of the parties have the legal right to rely to rely upon and trust the other
proximate cause
the nearest cause of the harm, which is what defines by causeing the plantiff damages
damage to a victims body or economic interests