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168 Cards in this Set
- Front
- Back
Law
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1. Have GENERAL APPLICATION to society. 2. Were developed by a LEGITIMATE AUTHORITY within society 3. May threaten SANCTIONS against those who fail to comply (Set of purpose that governs people)
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Function of Law
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1. Keeping the peace 2. Enforcing standards of conduct and maintain order 3. Promoting Social Justice
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Common Law
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Court - Created Law
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Substantive Law
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1. Sets out the rights and duties governing people as they act in society (Do this! or Don't do that) 2. Also establishes RIGHTS and PRIVILEGES
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Procedural Law
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1. Establishes the rule under which the substantive rules of law enforcement 2. What cases a court can decide, how trails are conducted, how a judgment by a court is to be enforced
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Specific objectives of the law
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1. Protect the state 2. Protection of the Individual 3. Freedom of Speech, Assembly, Press and Religion 4. Police protection of health & welfare 5. Creditor Protection 6. Debtor Rehabilitation 7. Freedom of expression 8. Title Protection 9. Property Use 10. Predictable 11. Adoptability 12. Practical Expediency
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Criminal Law
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Breaches to duty to society at large (Law of crimes & Punishment)
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Civil Law
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A law of civil or private rights
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Legel Interpretation
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1. Looks to the plain meaning of the language 2. Examine the legislative history of the rule 3. Consider the propose to be achieved by the rule 4. Try to accommodate public policy
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Federalism
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When federal law over rules state law
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Damages
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Compensation in money imposed by law for loss or injury
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Punitive Damages
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Damages award in excess of compensation to the plaintiff to punish a defendant of his serious wrong
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Compensatory
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Serving to compensate, as for loss or injury
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Checks & Balances
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A system between the powers of the state and those of the federal government
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Stare Decisis
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It's rules or principles of law on which a court rested a previous decision to use in future cases in which the facts are substantially the same
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Preventive Law
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To avoiding losses through fines and damage judgments
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Sources of Law
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1. Constitution 2. Treaties 3. Statues 4. Administrative rules and decisions 5. Executive Order 6. Court Decisions 7. Private laws
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Adversary System
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It guarantees that your reprehensive (Lawyer) will give you competent legal counsel
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Jurisprudence
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Legal Positivism is one of its schools
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Social Justice
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Basic function that law promotes
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Constitution
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Source of law
Highest law in the land |
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Equity
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Source of decisional law that seeks fairness and awards others than money damages
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Law
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Set of rules by legitimate authority applied generally with penalties when violated
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Substantive
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This classification of law establishes rights and privileges
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Stare Decisis
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Doctrine which requires following past precedent
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Procedural
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Law that establishes how a trial is conducted
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Civil
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A Classification of law
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Alternative Dispute Resolution
(ADR) |
Requires parties involved in certain kinds of disputes to try alternatives in a effort to get parties to settle before trial
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Madiation
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Parties to the dispute choose a third party to assist them in settling (Tries to communicate the parties position to each other)
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Arbitration
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When a third party to whom the dispute is submitted decides the outcome
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Mini-trial
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Cast a fission on what a court would probably decide on
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Summary Jury Judgment
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A six-member mock jury, that hears the case and renders an advisory verdict
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Private Judge
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A (rent-a-judge) retired judge to render a binding opinion
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ombudsperson
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Is and individual appointed within an organization to settle disputes, to a private panel to small claims court
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Court's
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Dispute resolutions mechanism of last resort
(short of the using of force) |
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Mote
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Occurring after the filing of the lawsuit's have made a decision beside the point
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Jurisdiction
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1. Geographically 2. Limited 3. Original 4. Appellate
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Inferior Court
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A court that hears civil disputes involving small amounts of money and they keep NO records
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Federal Court
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1. Involving a federal question 2. Cases in which there is diversity of citizenship between the parties (involving two or more states)
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Court of Appeals
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1. Hears cases that have been appealed for trial court decisions or state administrative agent rulings 2. The court must accept the trial court findings of fact unless it goes against all the evidence
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Supreme Court
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1. Is the highest court of the land 2. It has final responsibility for interpretation of the constitution and federal statues
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Function of the Judge
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1. Trial judge is to keep order in the court, when a jury is present 2. To see that the lawyers don't use improper methods to influence the jury 3. Act as a referee 4. To stop questions from lawyers5. Order witnesses to change their behavior 6. Correct application of law 7. Instruct the jury regarding law 8. Is viewed as not only unbiased but also essential decisions
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Pleadings
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1. First document filed with the court 2. The start and define the lawsuit (They serve two major functions) a. Inform the parties of each other's claim b. They form the basic for a trial
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Class Action Lawsuits
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When a defendant's actions have injured many plaintiff's, there case may be consolidated into a lawsuit
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Complaint
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1. Information about the claim of the plaintiff 2. Usually damages of a certain amount, are listed in numbered paragraphs
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Summons
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1. A notice 2. Informs him other who the plaintiff is 3. States the time within which the defendant must make a appearance
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Counter Claim
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Is a new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint
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Answer
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Defendant usually make an appearance by filing an complaint
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Allegation
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1. (Statement) of the complaint is admitted or denied 2. Defendant may claim knowledge and leave the plaintiff to prove the allegations
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Affirmative Defense
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Is a ruling of law enable defendant to win even if all of plaintiff's allegations are true
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Discovery Phase
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Is the time during which the parties gather the evidence they will use at trial
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Motion to Dismiss
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It would be wasteful for the case to continue
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Reply
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A counterclaim of the defendant
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Counterclaim
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Is a new claim statement that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint
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Motion to Dismiss
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Its when a plainiff has NO case, it would be wastful for the case to continue
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Pretrial Conference
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A procedural device that is designed to narrow issues to be provided at trial or to facilitate a settlement settlement
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Stipulate to
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To make an agreement to
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Continued
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resume after interuption
(Postponed) |
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Default
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Type of judgment when defendant fails to appear
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Proponderance
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Amount of evidence needed to satisfy burden of proof in a civil case
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Garnishment
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Writ used to enforce a judgement
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Jurisdiction
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Authority of a court to hear and determine disputes
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Complaint
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The filing of this pleading starts a suit
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Mediation
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Means of dispute settlement
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Federal Question
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One of two classes of cases heard in the federal court
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Appeals
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Courts that correct legal errors made by the trial judge
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Arbitration
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Widely used alternative to settling disputes in court
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Discovery
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Time during which the parties gather evidence to be used at trial
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Profit Maximization
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It contends that business manages should maximize a business's long-run profits within the limts of law
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Free Market System
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Is a market without economic intervention and regulation by government except to regulate against force or fraud
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Capitalism
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A economic system characterized by private or corporate ownership of capital goods, by investments that are determined by private decisions and by price, production & the distribution mainly by completion in a free market
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Limitation to Control Irresponsible Corporate Behavior
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1. Corporate influence on the content of law 2. Conscious Lawbreaking 3. Unknown harm 4. Irrational corporate behavior
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Cowboy Capitalism
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The time during the de-regulation time
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Product Liability
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Manufacturer’s and others who make products available to the public are held responsible for the injures those products cause
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Risky Shift
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A group of people who must reach a consensus on an acceptable level of risk often decide on a level of risk higher then the risk they would accept as a individual
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Groupthinkers
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The tendency for members of a group to internalize the group values and perception to supply critical thought
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"Bad news doesn't rise"
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When subordinates know that top managers are strongly committed to a particular cause of action, they may not report problems for fear of angering their superiors
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Sarbanes -Oxley Act of 2002
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A bill that was enacted as a reaction to a number of major corporate and accounting scandals. It set new and enhanced standards to all U.S. public company boards, management & public accounting firms
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Corporate Governance
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1. Gives stockholder's GREATER power 2. Changes the composition of the corporate boards 3. Changes the management structure
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Eminent Domain
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Whereby the government forces private property holders to sell their land, so it may be dedicated to public land (Kelo vs. City of New London, CT)
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Ethical Issue
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Choosing to do the right thing for someone or something
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Non-Commercial Speech
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Received the highest degree of the First Amendment protection. It's a speech that is protected (Also known as PURE or POLITICAL Speech)
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Commercial Speech
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It's a speech that gives YOUR own opinion
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RICO
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Was designed to stop the entry of organized crime into legitimate enterprises (Racketeer Influenced and Corrupt Organization Act)
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RICO Prohibits ?
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1. Using income derived from " a pattern of racketeering activity" to acquire and interest in an enterprise 2. Acquiring or maintaining an interest in an enterprise through a pattern of racketeering activity 3. Conducting or participating in the affairs of an enterprise through a pattern of racketeering activity 4. Conspiring to do the proceeding
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Miranda Warning
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The place where one can reasonable expect to be protected from unreasonable warrants less search
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Crime's
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(A public wrong)
An act prohibited by the State or Federal goverment |
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Felonies
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Are serious offenses
(Such as murder,rape or arson) |
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Misdemeanors
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The lesser offenses (such as traffic offenses or disorderly conduct)
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Disenfranchisement
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The loss of the right to vote
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Essentials of Crime
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1. Prior statutory prohibition 2. Must prove beyond a reasonable doubt3. Capacity to form a criminal intent
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ex post fact laws
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Statutes that would punish someone for a act that was not considered criminal, when the act was committed
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Beyond a Reasonable Doubt
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To satisfaction of all jurors
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Men rea
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Is a element of most serious crimes
(Criminal intent) |
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Premeditation
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A consious decission to kill
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Insanity
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1. If the assumed is incapable of assisting in the defense of the case 2. Trail may be delayed until the accused regains sanity 3. An accused who becomes insane after the trial but before sentencing is not sentenced until sanity has been regained
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Irresistible Impulse
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1. That the defendant is not criminally responsible 2. Due to a mental disease or defect 3. They lack the substance capacity to appreciate the wrongfulness of the act4. Conform their conduct to the requirements of the law
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White Collor Crime
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Non-violent crimes committed by business persons and organizations
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Miranda
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Warnings which is a criminal procedural protection for persons taken into custody
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State
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Must prove every element of offense charge beyond a reasonable doubt
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Insanity
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Recant legislative changes have made it more difficult to raise this defense
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Felony
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Serious offense generally punished by confinement for substantial time in a penitentiary
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Mens rea
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An element of most serios crimes
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RICO
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Prohibits pattern of racketeering activety such as securities fraud
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The right to remain silent and can't testify against themselves?
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Miranda Warning 5th Amendment
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Warrants for search or arrest cannot be issued without probable cause?
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Probable cause required 5th Amendment
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Cannot be tried twice for the same crime?
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Prohibition against double jeopardy 5th Amendment
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I give the right that your confession cannot be used to convict someone?
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Miranda Warning 5th Amendment
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I give the right that your confession can not be used to convict someone?
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Miranda Warning
5th Ammendment |
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If you are charged with a crime, you have the right to have effective councle in imprisonment can result for conviction?
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Part of the Miranda Warning
6th Ammendment |
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The right to a speedy public trial by a jury of thier peers?
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Trial by Jury
6th Ammendment |
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The right to confront and cross-examine your accuser?
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Right to Confrontation
6th Ammendment |
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Cruel and Unusual punishment, prohibited excessive bail or fine
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No Cruel and Unusual punishment
8th Ammendment |
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Tort
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A private (civil) wrong against a person or property
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Compensatory Damages
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To compensate them for their injuries
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Punitive Damages
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In excess of the plaintiff actual injuries may be recovered
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Contributory Negligence
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Negligence on the part of an injuried party that combines with the negligence of another in causing the injury
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Negligence Liability
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When your actions cause injuries to others
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Strict Liability
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Means that a person who participates in a certain kind of activities is held responsible for any resulting harm to others, despite the use of utmost care and caution harm to others, dispite the use of utmost care and caution
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Battery
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Non consensual touching that is harmful or offensive to a person of ordinary sensibilities
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Assault
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Is putting another in apprehensive of an imminent (immediate) threat to his or her physical safety
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Defamation
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The act of defaming another
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Libel
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Written defamation
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Slander
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Oral defamation
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Absolute Privilege
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They can NEVER serve as a basis for a successful defamation suit (Guaranteed)
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Conditional Privilege
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They CAN serve as a basic for a successful suit
(Depending) |
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Invasion of Privacy
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The intrusion into the personal life of others
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Right of Privacy
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A legal right to be left alone
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Disparagement
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The publication of false and injuries statement that are derogatory of another property, business or product
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Conversion
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Is the unlawful taking of or exercise of control over the personal property of another person
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Sales Talk
(Puffing) |
Promotion by means of an argument and demonstration
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False Imprisonment
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Intentional confinement of an unconsenting person appreciable time
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Intentional
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Tort resulting from wrongdoer's conscious desire to cause harm
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Plaintiff
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Party that bears burdon of proof in a civil case
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Punitive
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Damages in excess of plaintiff's actual injuries
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Truth
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Complete defense to a defamation suit
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Libel
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Written Defamation
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Trespass
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Unauthorized entry by a person onto land in possession of another
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Torts
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Civil wrongs against person or property
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Compensatory
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Actual damages for plainiff loss
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Conversion
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Unlawful taking of pr exercise of control over another person's personal property
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Negligent per se
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Because the are not acting as a "reasonable person" would
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Foreseeable
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It will not excuse the defendant from liability
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Res ipsa loquitur
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Creates an inference of negligence
("This thing speaks for itself") |
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Contributory Negligence
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It distributes the cost of the accident according to the degree of both the plaintiff and defendant’s fault
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"PURE" Contributory Negligence
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This system allows the plaintiff to recover the portion of their losses not attributable to their fault
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"MIXED"
Comparative Negligence |
A plaintiff are barred from recovery if they are as much or more at fault for their injuries as defendant
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Recklessness
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When a defendant’s behavior indicates a "Conscious disregard" for a know high degree of probable harm to others
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Sticky Liability
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Was imposed for those activates that were considered abnormally dangerous or ultra hazardous
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Contract
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Is a legally enforceable promise or set of promises
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Sale of goods
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The sale of tangible personal property
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Uniform Commercial Code
(UCC) |
Set of laws regulating commercail transactions, especially ones involving the sale of goods and secured transactions
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Valid Contract
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Is one that meets all legal requirements for a contract
(Valid Contacts are therefore enforceable in court) |
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Unenforceable Contract
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Valid but defective contract which cannot be enforced by the court
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A Contract must?
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1. An agreement
2. Supported by consideration 3. Voluntarily entered into 4. By parties having capacity to contract 5. To do a legal act or acts |
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Voidable Contract
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Is one that may be cancled by one or both of the parties
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Unlateral Contract
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Only one of the parties make a promise
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Executed Contract
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When all the aprties have fully performed their duties under the contract
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Executory Contract
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As long as it has not been fully performed
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Expessed Contract
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When the parties have directly stated its terms at the time the contract was formed
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Implied Contract
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When the surrounding facts and circumstance indicate that an agreement has in fact been reached
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Unlateral Contract
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Only one of the parties make a promise
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Executed Contract
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When all the aprties have fully performed their duties under the contract
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Executory Contract
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As long as it has not been fully performed
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Expessed Contract
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When the parties have directly stated its terms at the time the contract was formed
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Implied Contract
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When the surrounding facts and circumstance indicate that an agreement has in fact been reached
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Quasi Contract
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Courts determination of an obligation of one party to another where NO contract exists
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Promissory estoppel
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Is basiclly designed to protect bargains that peaple make and that satisfy all the legal requirements for a binding contract
(estoppel means PREVENTED) |