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168 Cards in this Set

  • Front
  • Back
Law
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)
Function of Law
1. Keeping the peace 2. Enforcing standards of conduct and maintain order 3. Promoting Social Justice
Common Law
Court - Created Law
Substantive Law
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
Procedural Law
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
Specific objectives of the law
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
Criminal Law
Breaches to duty to society at large (Law of crimes & Punishment)
Civil Law
A law of civil or private rights
Legel Interpretation
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
Federalism
When federal law over rules state law
Damages
Compensation in money imposed by law for loss or injury
Punitive Damages
Damages award in excess of compensation to the plaintiff to punish a defendant of his serious wrong
Compensatory
Serving to compensate, as for loss or injury
Checks & Balances
A system between the powers of the state and those of the federal government
Stare Decisis
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
Preventive Law
To avoiding losses through fines and damage judgments
Sources of Law
1. Constitution 2. Treaties 3. Statues 4. Administrative rules and decisions 5. Executive Order 6. Court Decisions 7. Private laws
Adversary System
It guarantees that your reprehensive (Lawyer) will give you competent legal counsel
Jurisprudence
Legal Positivism is one of its schools
Social Justice
Basic function that law promotes
Constitution
Source of law

Highest law in the land
Equity
Source of decisional law that seeks fairness and awards others than money damages
Law
Set of rules by legitimate authority applied generally with penalties when violated
Substantive
This classification of law establishes rights and privileges
Stare Decisis
Doctrine which requires following past precedent
Procedural
Law that establishes how a trial is conducted
Civil
A Classification of law
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
Madiation
Parties to the dispute choose a third party to assist them in settling (Tries to communicate the parties position to each other)
Arbitration
When a third party to whom the dispute is submitted decides the outcome
Mini-trial
Cast a fission on what a court would probably decide on
Summary Jury Judgment
A six-member mock jury, that hears the case and renders an advisory verdict
Private Judge
A (rent-a-judge) retired judge to render a binding opinion
ombudsperson
Is and individual appointed within an organization to settle disputes, to a private panel to small claims court
Court's
Dispute resolutions mechanism of last resort

(short of the using of force)
Mote
Occurring after the filing of the lawsuit's have made a decision beside the point
Jurisdiction
1. Geographically 2. Limited 3. Original 4. Appellate
Inferior Court
A court that hears civil disputes involving small amounts of money and they keep NO records
Federal Court
1. Involving a federal question 2. Cases in which there is diversity of citizenship between the parties (involving two or more states)
Court of Appeals
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
Supreme Court
1. Is the highest court of the land 2. It has final responsibility for interpretation of the constitution and federal statues
Function of the Judge
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
Pleadings
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
Class Action Lawsuits
When a defendant's actions have injured many plaintiff's, there case may be consolidated into a lawsuit
Complaint
1. Information about the claim of the plaintiff 2. Usually damages of a certain amount, are listed in numbered paragraphs
Summons
1. A notice 2. Informs him other who the plaintiff is 3. States the time within which the defendant must make a appearance
Counter Claim
Is a new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint
Answer
Defendant usually make an appearance by filing an complaint
Allegation
1. (Statement) of the complaint is admitted or denied 2. Defendant may claim knowledge and leave the plaintiff to prove the allegations
Affirmative Defense
Is a ruling of law enable defendant to win even if all of plaintiff's allegations are true
Discovery Phase
Is the time during which the parties gather the evidence they will use at trial
Motion to Dismiss
It would be wasteful for the case to continue
Reply
A counterclaim of the defendant
Counterclaim
Is a new claim statement that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint
Motion to Dismiss
Its when a plainiff has NO case, it would be wastful for the case to continue
Pretrial Conference
A procedural device that is designed to narrow issues to be provided at trial or to facilitate a settlement settlement
Stipulate to
To make an agreement to
Continued
resume after interuption

(Postponed)
Default
Type of judgment when defendant fails to appear
Proponderance
Amount of evidence needed to satisfy burden of proof in a civil case
Garnishment
Writ used to enforce a judgement
Jurisdiction
Authority of a court to hear and determine disputes
Complaint
The filing of this pleading starts a suit
Mediation
Means of dispute settlement
Federal Question
One of two classes of cases heard in the federal court
Appeals
Courts that correct legal errors made by the trial judge
Arbitration
Widely used alternative to settling disputes in court
Discovery
Time during which the parties gather evidence to be used at trial
Profit Maximization
It contends that business manages should maximize a business's long-run profits within the limts of law
Free Market System
Is a market without economic intervention and regulation by government except to regulate against force or fraud
Capitalism
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
Limitation to Control Irresponsible Corporate Behavior
1. Corporate influence on the content of law 2. Conscious Lawbreaking 3. Unknown harm 4. Irrational corporate behavior
Cowboy Capitalism
The time during the de-regulation time
Product Liability
Manufacturer’s and others who make products available to the public are held responsible for the injures those products cause
Risky Shift
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
Groupthinkers
The tendency for members of a group to internalize the group values and perception to supply critical thought
"Bad news doesn't rise"
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
Sarbanes -Oxley Act of 2002
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
Corporate Governance
1. Gives stockholder's GREATER power 2. Changes the composition of the corporate boards 3. Changes the management structure
Eminent Domain
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)
Ethical Issue
Choosing to do the right thing for someone or something
Non-Commercial Speech
Received the highest degree of the First Amendment protection. It's a speech that is protected (Also known as PURE or POLITICAL Speech)
Commercial Speech
It's a speech that gives YOUR own opinion
RICO
Was designed to stop the entry of organized crime into legitimate enterprises (Racketeer Influenced and Corrupt Organization Act)
RICO Prohibits ?
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
Miranda Warning
The place where one can reasonable expect to be protected from unreasonable warrants less search
Crime's
(A public wrong)
An act prohibited by the State or Federal goverment
Felonies
Are serious offenses

(Such as murder,rape or arson)
Misdemeanors
The lesser offenses (such as traffic offenses or disorderly conduct)
Disenfranchisement
The loss of the right to vote
Essentials of Crime
1. Prior statutory prohibition 2. Must prove beyond a reasonable doubt3. Capacity to form a criminal intent
ex post fact laws
Statutes that would punish someone for a act that was not considered criminal, when the act was committed
Beyond a Reasonable Doubt
To satisfaction of all jurors
Men rea
Is a element of most serious crimes

(Criminal intent)
Premeditation
A consious decission to kill
Insanity
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
Irresistible Impulse
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
White Collor Crime
Non-violent crimes committed by business persons and organizations
Miranda
Warnings which is a criminal procedural protection for persons taken into custody
State
Must prove every element of offense charge beyond a reasonable doubt
Insanity
Recant legislative changes have made it more difficult to raise this defense
Felony
Serious offense generally punished by confinement for substantial time in a penitentiary
Mens rea
An element of most serios crimes
RICO
Prohibits pattern of racketeering activety such as securities fraud
The right to remain silent and can't testify against themselves?
Miranda Warning 5th Amendment
Warrants for search or arrest cannot be issued without probable cause?
Probable cause required 5th Amendment
Cannot be tried twice for the same crime?
Prohibition against double jeopardy 5th Amendment
I give the right that your confession cannot be used to convict someone?
Miranda Warning 5th Amendment
I give the right that your confession can not be used to convict someone?
Miranda Warning

5th Ammendment
If you are charged with a crime, you have the right to have effective councle in imprisonment can result for conviction?
Part of the Miranda Warning

6th Ammendment
The right to a speedy public trial by a jury of thier peers?
Trial by Jury

6th Ammendment
The right to confront and cross-examine your accuser?
Right to Confrontation

6th Ammendment
Cruel and Unusual punishment, prohibited excessive bail or fine
No Cruel and Unusual punishment

8th Ammendment
Tort
A private (civil) wrong against a person or property
Compensatory Damages
To compensate them for their injuries
Punitive Damages
In excess of the plaintiff actual injuries may be recovered
Contributory Negligence
Negligence on the part of an injuried party that combines with the negligence of another in causing the injury
Negligence Liability
When your actions cause injuries to others
Strict Liability
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
Battery
Non consensual touching that is harmful or offensive to a person of ordinary sensibilities
Assault
Is putting another in apprehensive of an imminent (immediate) threat to his or her physical safety
Defamation
The act of defaming another
Libel
Written defamation
Slander
Oral defamation
Absolute Privilege
They can NEVER serve as a basis for a successful defamation suit (Guaranteed)
Conditional Privilege
They CAN serve as a basic for a successful suit

(Depending)
Invasion of Privacy
The intrusion into the personal life of others
Right of Privacy
A legal right to be left alone
Disparagement
The publication of false and injuries statement that are derogatory of another property, business or product
Conversion
Is the unlawful taking of or exercise of control over the personal property of another person
Sales Talk

(Puffing)
Promotion by means of an argument and demonstration
False Imprisonment
Intentional confinement of an unconsenting person appreciable time
Intentional
Tort resulting from wrongdoer's conscious desire to cause harm
Plaintiff
Party that bears burdon of proof in a civil case
Punitive
Damages in excess of plaintiff's actual injuries
Truth
Complete defense to a defamation suit
Libel
Written Defamation
Trespass
Unauthorized entry by a person onto land in possession of another
Torts
Civil wrongs against person or property
Compensatory
Actual damages for plainiff loss
Conversion
Unlawful taking of pr exercise of control over another person's personal property
Negligent per se
Because the are not acting as a "reasonable person" would
Foreseeable
It will not excuse the defendant from liability
Res ipsa loquitur
Creates an inference of negligence
("This thing speaks for itself")
Contributory Negligence
It distributes the cost of the accident according to the degree of both the plaintiff and defendant’s fault
"PURE" Contributory Negligence
This system allows the plaintiff to recover the portion of their losses not attributable to their fault
"MIXED"
Comparative Negligence
A plaintiff are barred from recovery if they are as much or more at fault for their injuries as defendant
Recklessness
When a defendant’s behavior indicates a "Conscious disregard" for a know high degree of probable harm to others
Sticky Liability
Was imposed for those activates that were considered abnormally dangerous or ultra hazardous
Contract
Is a legally enforceable promise or set of promises
Sale of goods
The sale of tangible personal property
Uniform Commercial Code

(UCC)
Set of laws regulating commercail transactions, especially ones involving the sale of goods and secured transactions
Valid Contract
Is one that meets all legal requirements for a contract

(Valid Contacts are therefore enforceable in court)
Unenforceable Contract
Valid but defective contract which cannot be enforced by the court
A Contract must?
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
Voidable Contract
Is one that may be cancled by one or both of the parties
Unlateral Contract
Only one of the parties make a promise
Executed Contract
When all the aprties have fully performed their duties under the contract
Executory Contract
As long as it has not been fully performed
Expessed Contract
When the parties have directly stated its terms at the time the contract was formed
Implied Contract
When the surrounding facts and circumstance indicate that an agreement has in fact been reached
Unlateral Contract
Only one of the parties make a promise
Executed Contract
When all the aprties have fully performed their duties under the contract
Executory Contract
As long as it has not been fully performed
Expessed Contract
When the parties have directly stated its terms at the time the contract was formed
Implied Contract
When the surrounding facts and circumstance indicate that an agreement has in fact been reached
Quasi Contract
Courts determination of an obligation of one party to another where NO contract exists
Promissory estoppel
Is basiclly designed to protect bargains that peaple make and that satisfy all the legal requirements for a binding contract

(estoppel means PREVENTED)