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35 Cards in this Set
- Front
- Back
Non-consensual offensive touch is also known as?
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Battery
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What is Civil Law?
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Civil Law=Individual wrongdoing ie.stoop
Plaintiff v. Defendant Burden of Proof is easier on plaintiff A preponderance of evidence Liable is only a Civil Term $ = money Compensating the victim |
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Define Torts.
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individual wrong doings
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Individual wrong doings are called?
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Torts
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Torts can be broken into 3 Categories. These Categories are?
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Intentional
Negligence Strict Liability |
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Give Examples of Intentional Torts.
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Assault placing someone in fear of immediate bodily harm.
Battery- non-consensual offensive touch. |
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What is assault?
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placing someone in fear of immediate bodily harm.
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What is battery?
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non-consensual offensive touch
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Placing someone in fear of immediate bodily harm is called?
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Assault
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Bill of Rights
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The first 10 ammendments are called
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Name the 4 Sources of Law.
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1.U.S. Constitution-
2.Statutes- (statewide) 3.Case Law- are there similar cases that have already been decided 4.Administrative Law- Rules and regulations of government agencies |
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A local town law is called a(n)
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Ordinance
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Give an example of Administrative Law
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Workers Compensation
OSHA |
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What is administrative Law?
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Rules and regulations of government agencies
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If there are cases already decided it is called?
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Precedence
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The first 10 ammendments are called?
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The bill of rights.
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Give an example of an amendment
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The right to freedom of speech
The right to bear arms The right to freedom of religion |
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What is the highest law of the land?
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The United States Constitution.
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What are statutes?
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written laws made by our legislators
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Discuss the Structure of NJ State Courts.
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New Jersey Supreme Court
Apellate Division Superior Court |
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Name the two female justices on the U.S. Supreme Court and who appointed them and in what year.
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Justice Sandra Day o'Connor
Ronald Reagan in 1981 Justice Ruth Bader Ginsburg Bill Clinton in 1993 |
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Discuss the Stucture of Federal Court
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United States Supreme Court
Circuit Court of Appeals United States District Court |
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What is the highest court in our country?
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The United States Supreme Court
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How many justices are there in the U.S. Supreme Court?
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9 (Nine)
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What is the Supreme Court concerned with?
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Individual rights.
They take cases important to society. |
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All of law can be broken down into these 2 categories.
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Procedural Law
Substantive Law |
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What is procedural law?
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Procedural Law- The rules that must be followed to get a case through the court system
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Substanitive law can be broken down into the following two categories.
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Criminal Law
Civil Law |
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What is substantive Law?
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Substantive Law- The right and responsibilities of individuals
I.e. Stopping at a stop sign as a licensed driver. |
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Remember: As society changes laws change
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Remember: As society changes laws change
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Ordinance
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local law of a town
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Precedence
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- looks at court cases tat have been decided to help in new decisions.
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Some cases fall under more than one source of law. Dr. Z in his C-section patient.
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He broke the statute of maiming
She won the case of cosmetic surgery
and the Dr. lost his license under Administrative law in that state to practice medicine.
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The United States District Court is also known as...?
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Trial Court
1 judge Jury (sometimes) Witnesses Evidence |
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Superior Court is also known as a
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Trial Court
1 judge jury (sometimes) Witnesses Evidence |