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23 Cards in this Set
- Front
- Back
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3 part definition of Law |
Government rule Prescribes Conduct Penalty if violated |
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4 sources of laws |
US Constitution Statutes Judicial Decisions Administrative Agencies |
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Where our Law Comes From |
Old English Court, 2 courts Court of Law and Court of Equity Had to choose a court to be seen in |
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Old Court of Law |
property and money |
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Old Court of Equity |
Require or Prevent an Action interferes with liberty |
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2 kinds of Law |
Criminal and Civil |
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Criminal Law |
Deals with crime Law and Order Punish criminals Presumed Innocent |
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Civil Law |
Compensate the Plaintiff Private lawsuit between parties Suing Contracts and Torts more or less likeliness |
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Judicial Review |
Ability for a court to throw out a law for being unconstitutional check/balance |
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Jurisdiction |
ability for a court to hear and decide a case, based on subject and location |
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3 types of Jurisdiction |
Subject Matter, Personal, Property |
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2 Kinds of Courts |
Trial and Appellate |
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Trial Courts |
the battle lawyers, juries, evidence, witnesses |
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Appellate Courts |
appeals judge and lawyer |
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6 steps to filing a civil lawsuit |
1. "complaint" document 2. notify defendant with summons 3. answer/counter claim 4. discovery and pre-trial motions 5. trial 6. appeal |
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Criminal Intent |
intention to commit a crime |
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Defenses to Criminal Liability |
Self Defense Insanity Necessity Mistake Duress Entrapment Statute of Limitations Immunity |
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Agencies |
source of laws, federal and state, specific, UNelected officials, experts in field, research thoroughly |
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3 Ways Agencies use Power |
Rule Making Licensing Rate Making |
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5 Steps for Passing Agency Rule |
1. investigate problem 2. propose rule 3. give notice (to fed register) 4. have hearings 5. 3 A's (adopt, amend, or abandon) |
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Torts |
wrongful action due to negligence or intent |
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3 kinds of Torts |
Intentional Negligence Strict Liability |
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Tort Defenses |
Negligence: Assumption of Risk, Act of God, Comparative Negligence Strict Liability: Product Misuse, Knowledgeable User |
