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60 Cards in this Set

  • Front
  • Back

Truemeaning of the law, enforcing of the law?

spirit of the law

Blankincludes freedom of speech, referring to the constitution? What are the 10amendments called?

Bill of rights

Groupingof statutes that deal with particular area of law?

title

Oncea rule is finazlied it is included in the ?

federal registter

Does the federal government have regulations?

yes

The term ______has been used to describe a crime that causes actualphysical harm to the victim?

Battery

______ involves the false making or charging of a writing without properauthorization with the intent to defraud.

forgery

______ is an obligation placed on individuals because of the law.

Duty

________ involves any false statement communicated by others thatquestions the quality of an item of property or that raises uncertainty to whohas legal ownership rights.

disparagementt

________ occurs when false statements or actions or combinations thereofare made by one party, in a way that causes another party to rely on thosemisrepresentations and then suffers an injury.

Fraud

Misuse of a legal procedure involves the filing of a false civillawsuits is called to.

wrongful civil proceedings

Which of the following is an element of negligence, that occurs if thealleged tort feaser has not met the appropriate standard of care.

breech of duty

_________ demonstrates that the cause of the unreasonable conduct leadto the injury of the plaintiff.

Proximal cause

Contributory negligence allows the injured party to…

completely prevent the injured party from recovery

If there are no modern decisionsor statutes to look to in a decision of dispute what does the court look to,the court will apply in the hearing, what kind of law

precedence (common law)

Typically if a decision is made by the Florida supreme court it would be...

binding in all florida courts

A new administrative regulation allowed the social securityadministration to charge women for social security cards yet enable men toobtain cards for free. This regulation is contradictory to the constitution,how so?

discrimination and unconstitutional

The ______ is played out every time a plaintiff and defendant placetheir case in the hands of the judge and the jury

uncertainty principle

The United States Supreme Court does not have original jurisdiction inwhich of the following cases.

The Supreme Court has jurisdiction in all of the choices given

Gordan ruined his neighbor’s driveway with a plow, the neighbor wantsGordan to pay $1,500 cost to repair the damage, if this case enters litigationit will most likely be heard by?

Small claims court

Which of the following is true of criminal lawunder the American law system.

Defendantin two different crimes, can be tried in two different courts

Which of the following would be considered a criminal act?

Sam selling crack coccaine to teenagers

A shop lifter steals a can of soda and tries to escape, he threatens andfights the clerk with confrontment is this?

Burglary

What is the purpose of Tort Law

compensate the individual who is a victim of a tort

What is the theory behind the doctrine ofRespondeat superior

Employeris responsible for employee

In a road rage incident, Jack aims a firearm at Raigan, no shots arefired, the incident is over in less than 15 seconds. Reagan may sue Jackfor

Assault

Defamation in a temporary form such as speech is what?

slander (oral)

Munchburger, a fast food outlet, sends an employee to hand out leafletsoutside of hicksburger, a competing fast food outlet. The leaflets falselyaccuse Hicksburger of using horse meat in their hamburgers. Hicks maysuccessfully sue Munchburger for?

Disparagement

If Jennifer a landowner wants Smith, a neighbor, to stop polluting astream that flows into Jennifer’s land, Jennifer could request to report the land

Injunction

______is the process by which the courts decidea federal statute take precedence over a state statute.

Preemption

Which of the following is true of survival statute?

Preserves the right to bring action after death

Jackson motor tells Sue before buying car it is made with metal when it is made with fiber glass?

False representation, aka fraud

The law should be viewed as delicate balancing act, balancing system

one company's contract rights may be upheld by the expense of the other

what classification of crimes is punishable by death or imprisonment for up to 1 year

felony

What part of the federal constitution changes some of the provisions in the original articles

An amendment

Which jurisdiction gives courts the power to review a case for errors

Appellent jurisdiction

Today the Federal Government has the power to regulate criminal activity within a state because of the

Supreme court

Bob keeps a pet snake in her apartment, while Bob is hosting a party at her apartment, the snake escapes from its cage and bites a guest, seriously injuring the guest. the guest knew before attending the party that Bob had a pet snake in her apartment. If the guest sues Bob for the injury resulting from the cobra bite, Bob would

strictly liable

_______ is process by which the courts determine the constitutionality of state statute?

Judicial review

If Texas attempted to make a trade agreement with Mexico

Preemption

Which form of legal precedent is court free to follow or ignore?

Persuasive precedent

Which of the following defences may be used on a law enforcement officer if a law enforcement officer induces a law abiding citizen to commit a crime he or she would not have ordinarily committed?

entrapment

What is the order from supreme court to lower court to deliver its records called?

Writ of certiorari

Joe, a citizen of ohio, and maria a citizen of New mexico, have an auto accident in New mexico. In order for a Federal court to hear this case, there must be?

a. Diversity of citizenship


b. Minimum financial amount >$75K




-you need both of these elements

Which of the following criminal mental states, is defined as acting with an awareness that a particular result will probably occur?

Knowledge

_______ is a defence to charges of criminal liability, as long as it destroys one of the elements necessary to that crime?

Mistake

What is a private wrong that injures another person’s well being, emotional health, business or reputation?

Tort

A probing court and bankruptcy court, are examples of courts with

special jurisdiction

Which of the following refers to the body of previously recorded legal decisions made by courts in specific cases?

Precedence

Myra, the assistant accountant at Multi Business incorporated, decides to transfer 5$,000 dollars, from business account to her personal account to pay personal medical expenses. Myra will repay. Myra has committed the following crime?

Embezzlement

At the conclusion of a Tort trial, the jury finds the plaintiff about 30% responsible of damages she suffered, and the defendant 70% responsible. The jury determines the actual damages to be $100,000 dollars. How much will the plaintiff recover under contributory negligence?

Zero


contributory eliminates any possibility of recoverycomparative you would get a portion

Two drivers challenge each other to an illegal drag race on a public property. This is an example of which of the following criminal mental state?

acting with recklessness

Alvin has discovered how to duplicate subway tokens and made several hundreds of them with the intention of defrauding the people, which of the following crimes is Alvin committing

Using a forged instrument

Which defense in negligence will the court’s assign damage according to the degrees of fault of each party

Comparative negligence (plaintiff would recieve a portion of money)

Publication of information about a person in an unfavorable manner is

None of the above (right answer would be defamation)

Which Unified set of statutes is designed to govern almost all commercial transactions?

Uniform Commercial Code (UCC)

Police officer tried in state and federal court for same crime double jeopardy has occurred

False

Beyond the preponderance of evidence is the standard of proof for a criminal case

False

Establishing a motive of a defendant in a criminal proceeding is necessary for the criminal to be convicted

False

Alfred drives his car while intoxicated to school, a student dies when he is hit. Alfred has committed voluntary manslaughter

false he is committing involuntary manslaughter