Chapter 4, Intro To Law

Front 1

Federalism

Back 1

A system of government in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas.

Front 2

Doctrine of implied powers

Back 2

Powers not stated in the Constitution but that are necessary for Congress to carry out other, expressly granted powers.

Front 3

Preemption

Back 3

The power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject.

Front 4

Civil Law

Back 4

law that deals with harm to an individual.

Front 5

Criminal Law

Back 5

Law that deals with harm to society as a whole.

Front 6

Plaintiff

Back 6

A person who initiates a lawsuit.

Front 7

Defendant

Back 7

In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.

Front 8

Beyond a reasonable doubt

Back 8

The standard of proof used in criminal trials. the evidence presented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.

Front 9

Preponderance of the evidence

Back 9

The standard of proof most commonly used in civil trials. the evidence presented must prove that it is more likely than not the defendant committed the wrong.

Front 10

Clear and convincing

Back 10

The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.

Front 11

Damages

Back 11

Monetary compensation, including compensatory, punitive, and nominal damages.

Front 12

Injunction

Back 12

A court order requiring a party to perform a specific act or to cease doing a specific act.

Front 13

Double jeopardy

Back 13

A constitutional protection against being tried twice for the same crime.

Front 14

Felony

Back 14

A serious crime usually carrying a prison sentence of one or more years.

Front 15

Misdemeanor

Back 15

A minor crime not amounting to a felony, usually punishable by a fine or a jail sentence of less than a year.

Front 16

Mens rea

Back 16

Bad intent

Front 17

Actus reus

Back 17

Bad act

Front 18

Prima facie case

Back 18

What the prosecution or plaintiff must be able to prove in order for the case to go to the jury- that is, the elements of the prosecution's case or the plaintiff's cause of action.

Front 19

Defense

Back 19

A fact or legal argument that would relieve the defendant of guilt in a criminal case.

Front 20

Cause of action

Back 20

A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it.

Front 21

Affirmative defense

Back 21

A defense whereby the defendant offers new evidence to avoid judgement.

Front 22

Sovereign immunity

Back 22

The prohibition against suing the government without the government's consent.

Front 23

Compensatory damages

Back 23

Money awarded to a plaintiff in payment for his or her actual losses.

Front 24

Punitive damages

Back 24

Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.

Front 25

Nominal damages

Back 25

A token sum awarded when liability has been found but monetary damages cannot be shown.

Front 26

Contract

Back 26

An agreement supported by consideration.

Front 27

Consideration

Back 27

Something of value exchanged to form the basis of a contract.

Front 28

Property law

Back 28

Law dealing with ownership.

Front 29

Real property

Back 29

Land ond objects permanently attached to land.

Front 30

Personal property

Back 30

All property that is not real property.

Front 31

Constructive

Back 31

Not factually true, but accepted by the courts as being legally true.

Front 32

Legal fiction

Back 32

an assumption that something that is not real is real - for example, saying that a corporation is a person for purposes of its being able to sue and be sued.

Front 33

Tort law

Back 33

Law that deals with harm to a person or a person's property.

Front 34

Intentional tort

Back 34

A tort committed by one who intends to do the act that creates the harm.

Front 35

Negligence

Back 35

The failure to act reasonably under the circumstances.

Front 36

Contributory negligence

Back 36

Negligence by the plaintiff that contributed to his or her injury. Normally, any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.

Front 37

Assumption of the risk

Back 37

Voluntarily and knowingly subjecting oneself to danger.

Front 38

Comparative negligence

Back 38

A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of he compensation for the injuries.

Front 39

Strict liability

Back 39

Liability without a showing of fault.

Front 40

Substantive law

Back 40

Law that creates rights and duties.

Front 41

Procedural law

Back 41

law that regulates how the legal system operates.

Front 42

Statute of limitations

Back 42

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.