Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
37 Cards in this Set
- Front
- Back
|
6 steps to filing a civil suit |
1. put together a "complaint" document 2. Notice to the defendant using summons 3. Answer (Call to counter-claim) 4. Discovery and Pre-Trial Motions 5. Trial 6. (Appeal) |
|
|
Step One to filing a civil lawsuit |
Put together a complaint document establish jurisdiction, put together facts, why suing, asks for rememdy |
|
|
Step Two to filing a civil lawsuit |
Notice to the defendant using a summons "you've been served" says defendant is being sued, how many days to respond given by a sheriff's deputy, paid by lawyers lawsuit can't proceed until summons served |
|
|
Step Three to filing a civil lawsuit |
Answer the summons, (optional) call to counter-claim defendants give written response/answer defendant can file suit against plaintiff |
|
|
Step Four to filing a civil lawsuit |
Discovery and Pre-trial motions behind the scenes, learn about each side's case fights about what's admissable, discovery, etc |
|
|
Step Five to filing a civil lawsuit |
Trial with a jury or judge, burdens of proof, verdict plaintiff first, defendant last |
|
|
Step Six to filing a civil lawsuit |
Appeals happens when you have a dissatisfied party |
|
|
Criminal Intent |
most crimes require defendant intends to commit a crime (except some, ex speeding) |
|
|
Reckless Behavior |
no criminal intent, but defendant knowingly disregards a risk |
|
|
Negligence |
carelessness, failure to use reasonable care step below reckless |
|
|
Defenses to Criminal Liability |
Self Defense Insanity Necessity Mistake Duress Entrapment Statute of Limitations Immunity |
|
|
Defense- Self Defense |
defendant has reasonable belief of imminent bodily harm (deadly force) protect self, others, property (non deadly force) in proportion! |
|
|
Defense- Insanity |
state of mind incapable of knowing that a crime was committed |
|
|
Defense- Necessity |
defendant needed to commit a crime to stop a worse crime from happening |
|
|
Defense- Mistake |
usually NOT a defense |
|
|
Defense- Duress |
forced to commit a crime by someone else must show believed was in reasonable danger |
|
|
Defense- Entrapment |
law enforcement enticed/pushed them into committing a crime |
|
|
Defense- Statute of Limitations |
deadline that expires to prosecute murder doesn't expire |
|
|
Defense- Immunity |
given by the state/prosecutor, protection from prosecution |
|
|
How Administrative Agencies use their Powers |
Rule Making Licensing Rate Making |
|
|
Administrative Agencies- Rule Making |
can make rules you need to follow if it's in your industry |
|
|
Administrative Agencies- Licensing |
can control who gets a license for certain things liquor license, attorney license, etc |
|
|
Administrative Agencies- Rate-Making |
some can tell you how much to charge for the product usually energy, nat gas, oil, etc |
|
|
How do you know if a law applies to you?
|
Federal Register |
|
|
5 Steps Agencies have to go through to pass a regulation |
1. Investigate a problem 2. Propose a rule 3. Give notice (to federal register) 4. Have hearings (public's chance to comment) 5. 3 A's (adopt, amend, or abandon) |
|
|
Step one agencies have to go through to pass a regulation |
investigate a problem |
|
|
Step two agencies have to go through to pass a regulation |
propose a rule |
|
|
Step three agencies have to go through to pass a regulation |
Give notice (to the federal register) |
|
|
Step four agencies have to go through to pass a regulation |
Have hearings (public's opportunity to comment) |
|
|
Step five agencies have to go through to pass a regulation |
3 A's Adopt Amend Abandon |
|
|
Torts |
a wrongful act |
|
|
23 types of torts |
Intentional Negligence Strict Liability |
|
|
Intentional Tort |
intended to commit a wrongful act many are also crimes wrongful act was done on purpose |
|
|
Negligent Tort |
failure to use reasonable care caused harm to plaintiff accident, no intent |
|
|
Defenses to Negligence Tort |
assumption of risk (you assume risk of what you do) act of god (natural disasters) comparative negligence (compare plaintiff and defendant negligence) |
|
|
Strict Liability Tort |
product liability plaintiff does not have to prove negligence product malfunctioned, plaintiff used in a matter in which it was supposed to be used malfunction of the product caused harm |
|
|
Defenses to Strict Liability
|
product misuse knowledgeable user |
