Chapter 1 Sections 1-5

Front 1

law

Back 1

a scheme of social control

Front 2

doctrine of separation of powers

Back 2

separate the governing powers with checks and balances, separated in 2 ways horizontal and vertical

Front 3

Horizontal separation

Back 3

3 separate but equal branches
executive - - - - judicial - - - - legislative

Front 4

Vertical separation

Back 4

federalism
-
-

-
state and local

Front 5

Power of judicial review

Back 5

judicial branch has power to review the 2 other branches. not given in constitution this power came from Marbury v Madison

Front 6

Marbury V. Madison, (1803 supreme court)

Back 6

greatly expanded the power of judicial branch, created power of judicial review by the supreme court

Front 7

Sources of law

Back 7

constitution, statues, case law

Front 8

Constitution

Back 8

supreme law of the land, every state has their own

Front 9

Statues

Back 9

laws from the book coming out of the legislative brand, general assembly, signed by head of executive

Front 10

Case law (common law)

Back 10

comes from judicial branch, most used, biggest, precedent-oriented legal system

Front 11

Common Law

Back 11

- main source of law in court cases

- follow doctrine of precedent

- used in US EXCEPT Louisiana

Front 12

Civil Law

Back 12

- Laws for everything

- govern by statues

- don't follow doctrine of precedent

- french, spanish

Front 13

Doctrine of precedent

Back 13

prior cases that have been decided on a topic are legally binding on future decisions on that topic

Front 14

Reasons to follow precedent

Back 14

uniform, predictable, stability, fairness, efficiency

Front 15

Reasons to deviate from precedent

Back 15

1) erroneous decision

2) obsolete (doesn't make sense anymore)
3) distinguishing facts

Front 16

Administrative Law

Back 16

Laws coming out of administrative agency, how you treat your workers, trade, hiring/firing

agencies have ability to pass rules and regulations on federal, state and local level

Front 17

Executive order

Back 17

product of executive brand, ordered by president, have to comply, don't get a lot of publicity ex) crime pardons

Front 18

Treaties

Back 18

??????

Front 19

Substantive Laws vs Procedural

Back 19

gets to core of case, hits main points, legal relationships between people

Front 20

Substantive vs Procedural laws

Back 20

rules of the game, statue of limitations, how long do we have to file a lawsuit/appeal

Front 21

Public law v private law

Back 21

- effect all of us in society

- ignorance is not an excuse

ex) traffic laws

1) criminal 2) constitution 3) administrative

Front 22

public law v Private Law

Back 22

don't effect everyone, private relationships

- 3 kinds:

1) property law 2) toric law 3) contract law

Front 23

Types of cases: civil law/case

Back 23

Private case, victim is plantiff, guilty v. no low contender

Front 24

Types of cases: Criminal case

Back 24

public case, purpose is to punish, plantiff is government, 6th amendment, can use plee against you, grand jury hearing, theft - fraud

Front 25

Petit Jury

Back 25

determines guilt and liability in both courts

Front 26

Grand jury

Back 26

only exists in criminal cases, 23 people randomly selected for jury duty to discuss. decide if procecuter has enough evidence to send case to trial.

if yes - issues indictment

if no - let criminal go

Front 27

Indictment

Back 27

document issued by grand jury formally charging a person with a felony

Front 28

opposite outcomes

Back 28

*dosen't violate right against double jepordy to be tried in both civil and criminal courts, same crime 2 different lawsuits

2 courts can have opposite outcomes:

criminal case: oj simpson not guilty

civil case: oj simpson guilty

Front 29

3 burdens of proof

beyond a reasonable doubt

Back 29

most difficult burden used in criminal case, would a reasonable man have reasonable doubt still after hearing all evidence. need 90-99%

Front 30

3 burdens of proof
clear and convincing evidence standard

Back 30

(???)
civil court, requires party with burden to establish clearly the existence of alleged facts

Front 31

3 burdens of proof

proponderance of the evidence standard or manifest weight og the evidence standard

Back 31

civil court, much easier, majority rules, 51%

Front 32

Remedies at law (legal remedies)

Back 32

money, need 51% (proponderence of evidence standard)

Front 33

Remedies of equity (equitable remedies)

Back 33

start or stop, have to prove money wont solve your problem, make someone start or stop doing something, need 90-99% (beyond reasonable doubt)

Front 34

complaint

Back 34

initial document filed by the plantiff that gets the ball rolling in a civil lawsuit

Front 35

Prayer for relief

Back 35

file what kind of remedy you want

Front 36

legal remedies

Compensatory damages

Back 36

amount of money to make you whole, quantify everything future and past, put value on things

Front 37

legal remedies

Punitive damages

Back 37

not available in all cases, damages in addition to others, calculate 1-5x compensatory (awarded on top of compensatory), when the act happened on purpose

Front 38

legal remedies

Nominal Damages

Back 38

plantiff asks for lots of $$$$, technical victory

Front 39

legal remedies

Liquidated damage

Back 39

Clause in contract that the 2 parties, agreed 2. state formula on how they'll pay the damages

Front 40

equity remedies

injunctions

Back 40

make someone stop doing something

Front 41

equity remedies
specific performance

Back 41

demand to perform the contract the way it was written. contract must involve unique property
ex) real estate, antiques

Front 42

equity remedies
recission

Back 42

cancel the contract, put the contracting parties back to the position they occupied before the contract

Front 43

equity remedies

Reformation

Back 43

rewrite the contract to carry out intent, hard to convince judge

Front 44

equity remedies
accounting

Front 45

equity remedies
Dissolution

Back 45

terminate a corporation or partnership

Front 46

equity remedies
partition

Back 46

real estate, judge makes party transfer ownership of realestate

Front 47

equity remedies
foreclosure

Back 47

right to reposes, transfer ownership of item

Front 48

eminent domain

Back 48

involves real estate, public taking a private property for a public purpose ....property owner just has to justly compensation

Front 49

Tort Law

Back 49

a wrong against a person or their property

Front 50

Tort feasor

Back 50

person who commits the tort

Front 51

tort liability
1) intentional tort

Back 51

done on purpose, can be punatitve

Front 52

tort liability
2) Negligence theory

Back 52

who in society is in position to bare risk, most common, no punative

Front 53

tort liability
3) strict liability theory

Back 53

activity that caused harm is inherently dangerous or extra hazardous ex) fireworks

Front 54

Contracts Law

Back 54

private law, agreement of 2 entitys, if they break the other can sue, important to consumers

Front 55

Property Law

Back 55

1) real property - land and anything predominantly attached to it

2) personal property:
- tangible: has physical existence
- intangible: dosen't have physical existence but has value ex) intellectual property, patents
- Fixtures: personal property that has become real property through physical attachment

Front 56

Criminal Law types of crimes

Back 56

Felonies - potential to go to prison
misdemeanors - get in trouble with law but dont go to jail

petty crimes - minor, speeding tickets

Front 57

White collar crime

Back 57

any illegal offense that occurs in a business or professional setting
embezzlement, fraud, forged documents,
ex) martha stewart

Front 58

Ethics and business

Back 58

must be ethical if applying it to the law

many ethical values not enforced by the state and many laws do not address ethical concerns

Front 59

Code of ethics

Back 59

any licensed person has a code of ethics,

nurse, dr, dentist