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47 Cards in this Set
- Front
- Back
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Substantive Law |
Creates/writes obligation
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Public Law
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Interaction With Society
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Criminal Law
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Part of public law, protect society against crime. "Prove beyond reasonable doubt"
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Procedure
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Rules that carry law out.
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Private Law
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Interaction between one another
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Civil Law
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Everything thats not private, just prove that most likely they did it. You can only get money no jail time.
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Us Constitution
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Supreme law of the land.
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Common Law
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System of precedent. Check previous cases for decisions on current cases, gives consistency and expectation to future cases.
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Stare decisis
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Stand by your decision
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One state in US that doesn't follow common law
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Louisiana
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Statutory Law
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Looks at common law and fills in or modifies or reinforces.
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Administrative Law
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Enforces Statutes by executive council administrative agencies.
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Administrative Agencies
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Agencies set up to enforce statues created by state or federal legislature. Ex, Federal Trade Commission.
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Order of appeals:
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1. Us District
2. Us Circuit of Appeals 3. US Supreme Court 4. Ends but keep Appealing to Supreme Court |
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Vermont 1st Tier of Courts
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Superior
District Probate Family Traffic Environment Small Claims |
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Second Tier of Vermont Court
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Supreme Court
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3rd Tier of Vermont Court
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No 3rd level
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Superior Court
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For private individuals
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District Court
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Criminal cases
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Probate Court
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Wills and Estates.
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Subject Matter Jurisdiction
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Certain courts can hear certain things, ex traffic court.
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Party Jurisdiction
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Defendant(s) can be outside borders of a state and still be obligated to laws of state they are not in, (but broke laws in).MCGEE in LA
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Other Party type Jurisdiction
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In rem
quasi-in-rem. |
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Venue
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Location usually changed to a place with less publicity to give more fair judgment without bias.
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Rational Relation Ship Test
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if effects "suspect class" use strict scrutiny, compelling reason for discrimination.
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Eminent Domain
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The power of the government to take private property for public use upon payment of fair compensation.
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Two Elements of Crime
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1. Mens Rea (form requisite criminal intent)
2. Actuss Reuss (did the crime) |
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Special about the crime of conspiracy?
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doesn't use both elements of crime.
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Robbery:
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Larson with force or threat.
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Burglary
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Breaking/entering mixed with stealing or crime.
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Larson
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Trespatory taking of property with intent to deprive.
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Embezzlement:
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No trespassing, but still stealing.
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Deadly force rule
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Can't use deadly force to defend yourself unless deadly force has been used against you.
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Retreat Rule
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If you can retreat then you have to retreat except in home or work.
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6th Amendment
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Right to an Attorney
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5th Amendment
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Double Jeopardy/ don't have to testify against yourself.
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4th Amendment
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No random search or seizure.
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Tort
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Any civil wrong other then breach of contract. Intentional. Negligence. Strict Liability.
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Intentional Tort
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Looks like a crime, most likely person X did.
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Assault
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Fear
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Battery
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Contact
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False detainment
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wrongfully detained if you feel like you can't leave.
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Defamation
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Lie about someone and they suffer economic/ emotional damage.
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Appropriation
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Uses name likeness or persona without permission for economic gain.
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Conversion
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If stolen from you can get 3 x in cash.
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Elements of Negligence
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1. Duty (Responsibility for)
2. Breached reasonable standard of care. 3. Causation 4. Approximate Cause 5. Damage or Injury |
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Res Ipsa Loquitar
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The thing thinks for its self
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