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104 Cards in this Set
- Front
- Back
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Constitution |
Established the limits and powers of federal government, Created 3 branches of government |
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Statutory Law |
pass a law and vote on it, interpreted by judges |
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Common Law |
made by judges,
legal precedent ( judges have to follow previous judges decisions)
legal expectation( based off of past cases will no the cases) |
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Civil |
people suing people , propodous of evidence |
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criminal |
gov punishing you for what you did, beyond reasonable doubt |
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Jurisdiction |
court right to rule over someone |
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Federal court |
where trial starts , trial course, trier facts , don't like what happens you can appeal from judges ruling. |
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Personal Jurisdiction |
get it by a summonses, a sheriff hands you paper to have jurisdiction over you,
Ex: Driving through state of Delaware |
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Remedies |
what you get when you win your case |
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compulsory damages |
restore you to economies position before the injure or breachas if it never happened |
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punitive damages |
breach + wrong doing, persuade someone from continuing that behavior in the future |
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Nominal Damage |
1$, prove case and can't prove any damage |
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Equitable |
money to get you to do something or not |
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specific performance |
forcing you to do something,
Ex:contract of a sale w/land and you change your mind, judge forces you to give the land
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Injunction
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Stop doing something
Ex:former employee, quite and start a competing business, don't know how much many damage but just want you to stop competing. |
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Appellate Stage |
appeal issue of law not fact,
-can't appeal that judge made a wrong decision but that he didn't apply the law correctly
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Bill of Rights |
first ten amendments |
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Amending procedure |
3/4 legislators + 2/3 senate 2/3 sate legislators + 3/4congress |
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First Amendment |
freedom of speech, more protection for political speech that commercial speech |
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Fourth Amendment |
no unreasonable searches or seizures, need a warrant |
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exclusionary rule |
can't use evidence against you in court w/out a warrant |
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Fifth Amendment |
right against self incrimination (taking the 5th) right not to testify against your self does not apply to corporation or to documents and recordings |
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taking clause |
government can take your stuff but has to pay you just compensation |
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Negligent Torts |
harm , careless un-intentional conduct (accident) |
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Duty |
what would a reasonable person do, ordinary care or do care - professional standard (lawyer) different if a lawyer gives advice vs someone who isn't one |
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Breach of duty |
but for... this negligence act the injury would of not occurred
ex: blaming the Yankees for being Cubans being communist Ex: death kid burned in hotel because the fire alarm didn't work (still wouldn't of heard it anyway)
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Proximate cause |
reasonable relationship between the negligence act and injury ,
ex: ran after a train and had a bag of fire works in backpack, loaded gun goes off on own and shoots and kills someone not liable |
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Contributory negligence |
contribute any negligence to your self cant sue, 1% neglicene |
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comparative negligence |
compare the negligence between 2 parties i owe you ten % of damages, |
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Assumption of risk |
assume the risk of negligence, go to baseball game and get hit w/the ball , or playing football |
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Intentional torts |
willful misconduct, not action |
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Assault |
fear of immediate harmful or offensive contact,
ex: someone raising hand to punch you , throwing an erase while sleeping is not an adult but assault by everyone around them is
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Battery |
unlawful touching, harmful offensive contact w/out content
ex: didn't mean to hit you in the head with eraser but got hit in head
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False imprisonment
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intentional holding or detaining
ex: shoot someone if they leave
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Consent |
agree to the contact,playing a sport, don't agree to getting elbowed in the face during a football game but agree to the physical contact |
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privilege
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shop keep privilege for hold someone if they are stealing for you as long as your right, if your wrong it is false improsimonet
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self defense |
reasonable force under circumstance, if threatened by deadly force you can use deadly force , cant use deadly force for threat of property
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Defamation |
intentional false communication to a 3rd party to ruin someone name, actually injury |
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Defamation per se |
injuries presume, don't need to prove how many dollar amount you're our
ex: accuse for being rapist, get money for ruining name.how many dollars are you out |
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Fraud/Misrepresentation |
deliberate misconception, reasonable reliance ( stock tip from a waitress) |
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Product liability |
harm suffer by user of defected product |
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strict liability |
liable even though they use reasonable care, we don't care if you don't everything to make it r right you need to pay for injuries |
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reasonable care/negligence |
standards for a manufacture |
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Express warranty |
form of strict liablilty, guarantee of safety or performance of a product you don't care why it dint work |
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Real Property |
land and things attached to land(building, trees, fences) |
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personal property |
pick up and move (cars , cut christmas trees, furniture) |
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Fee Simple |
own it to center core of earth up to sky |
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Joint tenancy |
2 or more people own it w/ right of survivor ship , both own a beach house if one dies its the others |
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Tenancy in common |
2 or more people own w/ no right of survivor ship, both buy a beach house, if one dies own it w/ wife |
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Tency by the Entirety |
marriage owns the property, cant sue |
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Life estate |
right to use a property during there life time, grandma owns the house once she dies its yours |
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Easement |
right to enter a use of land, utilites, power company that has cable go over your front yard |
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Private nuisance |
interfere w/someone else enjoyment of land, ex: loud neighbor affects you |
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Public nuisance |
affects the public, neighbor running a crack house or dumping toxin into water |
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Conversion |
use someone else's unlawful control for personal properties, doesn't matter if its intentional, stolen product on craigslist you have to give it back |
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Trademark |
symbol logos or brand arbitrary: apple( highly protective stuff, made it up) interfere w/trade mark duration:10 years |
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Trade Dress |
look and feel of a business mcdonals vs mcdowels : looks like mcdonalds Mexican restaurant copies another one Duration: unlimited as long as in business |
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Trade name |
name of business Duration: first who use it gets it, until stop using name or goes out of business |
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Copyright |
original literally copy, songs notes, illegal musico Duration for Person: life + 7 years o Duration for Corporation: 95 years |
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Patent Exclusive use of an invention |
Duration: 20 years from application |
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Trade secret |
formula in coca cola Duration: unlimited, as long as can keep secret |
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Contracts |
needs both offer and acceptance |
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Contract law |
state common law, Binning promise of breach of remedy. |
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UCC |
statutory law, sale of goods |
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Agreement |
offer and acceptance |
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Offer |
have to have an intent, objective standard, needs to have all reasonable terms, communicated to offered
Ex: gave a reward to find a dog to class and rando comes in cant accept and offer haven't received ad is not an offer , imitation to make an offer
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Terminating offer |
cant accept an offer once terminating, revoking before accepting
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Option contract |
agree to keep contract open for a certain amount of time, give something in for exnchage , don't need consideration under UCC |
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Acceptance |
expresión of accent of contract , objective standard, mirror image rule: mirror image of offer, change terms is a counter offer |
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unilateral |
expresión of accent of contract , objective standard, mirror image rule: mirror image of offer, change terms is a counter offer |
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unilateral |
promise exchange for perfromance - anyone mow my lawn ill pay 10 bucks you don't have to do it but if you do ill pay you |
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bilateral contracts |
promise exchange for promise - if you mow law i will pay ten dollars |
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consideration |
something of value in exhancge for promise, (wavier of legal rights, time, cookie) |
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adequacy |
not valuation-court decides if consideration is present not what it is worth, both got something |
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promissory estoppel (detrimental reliance) |
no consideration reasonable reliance w/promise avoid justice, |
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void |
no capacity (contract writtin w/3yrd old) |
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voidable |
partial capacity ( contract w. drunk person) minor can void a contract |
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Illegal subject matter |
void, illegal contract = voided |
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Genuine Consent |
mutual mistake of material fact, voidable by both parties ex: both think its a Vango paiting |
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UCC.. |
- goods (not land or service) - dealers of the kind (business of selling that good) buying cars from toyota it is covered, not covered if try to sell furniture |
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Contract formation UCC |
not all terms are specified than judge will fill in gaps. no mirror image rule |
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Statute of frauds |
more than 500 have to be in writing. failure to respond will break contract |
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implied warranty of merchantability |
it is was its supposed to be, umbrella keeps water off your head. |
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implied warranty of fitness for a particular purpose |
rely on the seller that it will take care of use
Ex: buy paint for metal barn, and it doesn't wok can return it |
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sole proprietorship |
person in business for himself, unlimited liability , no income tax, all included in personal taxe |
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partnership |
2 or more people cary on business for profit, dietary duty to eachother, reliable for anything there partner does no double taxation |
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corporation |
state law,
own by share holders double taxation
no personal liability for shareholders
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Limited Liability Companies (LLCs) |
state law, articles of corporation , not liable for corporation debts no double taxation |
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Actual authority |
written or oral instructions to agent, no authority agent doesn't have power, power of attorney : formal document |
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Agency by estoppels/apparent authority |
based upon the conduct of principle, done something wrong to make it look like they have authority, 3rd party can hold them liable for those actions |
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Agency Duties |
duty of loyalty= put intreats ahead of there own , cant selll it to cousin offer the highest amount |
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Liability for agents/employees |
liable for employer or agent action of corse scope of employement, commuting=NO, delivery something = yes
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Independent contractor |
not liable for acts, painter not liable if they injury something |
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Employment at will |
employee can quite and get fired whenever |
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Worker's Compensation |
immunity to employers for on the job actions,employer is not liable to employee to job bc of insurance |
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Protected classes under Title VII |
race color region sec origin. NOT sexual orientation |
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Sexual harassment |
rude comments undated touching, not include asking someone on a date |
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constructive discharge |
quite due to harassment, treat so bad |
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disparate treatment |
intentional discrimination, not going to hire women for job |
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disparate impact: |
unintentional discrimination , anyone can have this job but you need to lift up 100lb, but if cant not hired |
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Insider trading |
must be an insider( janitor) access to non public information publicly trade |
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Counter Offer |
Rejection + new offer
Ex:made and offer to sell a car and it was just destroyed |
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Rejection |
Can't take it back |
