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60 Cards in this Set
- Front
- Back
Truemeaning of the law, enforcing of the law? |
spirit of the law |
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Blankincludes freedom of speech, referring to the constitution? What are the 10amendments called? |
Bill of rights |
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Groupingof statutes that deal with particular area of law? |
title |
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Oncea rule is finazlied it is included in the ? |
federal registter |
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Does the federal government have regulations? |
yes |
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The term ______has been used to describe a crime that causes actualphysical harm to the victim? |
Battery |
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______ involves the false making or charging of a writing without properauthorization with the intent to defraud. |
forgery |
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______ is an obligation placed on individuals because of the law. |
Duty |
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________ 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 |
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________ 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 |
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Misuse of a legal procedure involves the filing of a false civillawsuits is called to. |
wrongful civil proceedings |
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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 |
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_________ demonstrates that the cause of the unreasonable conduct leadto the injury of the plaintiff. |
Proximal cause |
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Contributory negligence allows the injured party to… |
completely prevent the injured party from recovery |
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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) |
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Typically if a decision is made by the Florida supreme court it would be... |
binding in all florida courts |
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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 |
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The ______ is played out every time a plaintiff and defendant placetheir case in the hands of the judge and the jury |
uncertainty principle |
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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 |
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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 |
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Which of the following is true of criminal lawunder the American law system. |
Defendantin two different crimes, can be tried in two different courts |
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Which of the following would be considered a criminal act? |
Sam selling crack coccaine to teenagers |
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A shop lifter steals a can of soda and tries to escape, he threatens andfights the clerk with confrontment is this? |
Burglary |
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What is the purpose of Tort Law |
compensate the individual who is a victim of a tort |
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What is the theory behind the doctrine ofRespondeat superior |
Employeris responsible for employee |
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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 |
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Defamation in a temporary form such as speech is what? |
slander (oral) |
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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 |
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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 |
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______is the process by which the courts decidea federal statute take precedence over a state statute. |
Preemption |
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Which of the following is true of survival statute? |
Preserves the right to bring action after death |
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Jackson motor tells Sue before buying car it is made with metal when it is made with fiber glass? |
False representation, aka fraud |
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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 |
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what classification of crimes is punishable by death or imprisonment for up to 1 year |
felony |
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What part of the federal constitution changes some of the provisions in the original articles |
An amendment |
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Which jurisdiction gives courts the power to review a case for errors |
Appellent jurisdiction |
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Today the Federal Government has the power to regulate criminal activity within a state because of the |
Supreme court |
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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 |
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_______ is process by which the courts determine the constitutionality of state statute? |
Judicial review |
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If Texas attempted to make a trade agreement with Mexico |
Preemption |
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Which form of legal precedent is court free to follow or ignore? |
Persuasive precedent |
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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 |
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What is the order from supreme court to lower court to deliver its records called? |
Writ of certiorari |
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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 >$75K -you need both of these elements |
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Which of the following criminal mental states, is defined as acting with an awareness that a particular result will probably occur? |
Knowledge |
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_______ is a defence to charges of criminal liability, as long as it destroys one of the elements necessary to that crime? |
Mistake |
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What is a private wrong that injures another person’s well being, emotional health, business or reputation? |
Tort |
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A probing court and bankruptcy court, are examples of courts with |
special jurisdiction |
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Which of the following refers to the body of previously recorded legal decisions made by courts in specific cases? |
Precedence |
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Myra, the assistant accountant at Multi Business incorporated, decides to transfer 5$,000 dollars, from business account to her personal account to pay personal medical expenses. Myra will repay. Myra has committed the following crime? |
Embezzlement |
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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 |
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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 |
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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 |
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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) |
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Publication of information about a person in an unfavorable manner is |
None of the above (right answer would be defamation) |
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Which Unified set of statutes is designed to govern almost all commercial transactions? |
Uniform Commercial Code (UCC) |
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Police officer tried in state and federal court for same crime double jeopardy has occurred |
False |
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Beyond the preponderance of evidence is the standard of proof for a criminal case |
False |
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Establishing a motive of a defendant in a criminal proceeding is necessary for the criminal to be convicted |
False |
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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 |