Miami University - Bls 342 - Bailey - Exam 1

Front 1

In personam jurisdiction

Back 1

the power of a court to render a decision affecting a person's legal rights

Front 2

Subject-matter jurisdiction

Back 2

power of a court to render a decision in a particular type of case

3 types: state, exclusive federal, concurrent

Front 3

Venue

Back 3

geographic location of the trial

Front 4

What three things must exist in order to file a case?

Back 4

Standing - personally affects you

Case or controversy - issue a court can resolve

Ripeness - ready for decision

Front 5

Steps in civil litigation

Back 5

pretrial, trial, posttrial and appellate

Front 6

Elements of a crime

Back 6

actus reus & mens rea
guilty act & guilty mind

Front 7

Actus reus

Back 7

guilty act

Front 8

Mens rea

Back 8

guilty mind

Front 9

Felony

Back 9

serious crimes punishable by imprisonment for more than one year or death

Front 10

misdemeanors

Back 10

less serious crimes punishable by fines or imprisonment for less than one year

Front 11

misdemeanors

Back 11

less serious crimes punishable by fines or imprisonment for less than one year

Front 12

petty offensese

Back 12

minor misdemeanors punishable by small fines or short jail sentences

Front 13

4 Property crimes against business

Back 13

1. robbery
2. burglary
3. larceny
4. arson

Front 14

5 White-collar crimes

Back 14

1. bribery
2. extortion
3. fraud
4. embezzlement
5. computer crimes

Front 15

RICO

Back 15

Prohibits persons employed by or associated with an enterprise from engaging in a pattern of racketeering activity. Anyone whose business or property has been damaged by this pattern of activity can sue under RICO to recover treble damages and attorney fees in a civil action.

Front 16

False Claims Act

Back 16

Allows employees to sue employers on behalf of the federal government for fraud against the government. The employee retains a share of the recovery as a reward for his or her efforts.

Front 17

Sarbanes-Oxley

Back 17

Criminalizes specific nonaudit services when provided by a registered accounting firm to an audit client, also increases the punishment for a number of white-collar offenses.

Front 18

Tort

Back 18

a civil wrong giving the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for the injuries

Front 19

Intentional torts

Back 19

Occur when the defendant takes an action intending that certain consequences will result or knowing they are likely to result

Front 20

Negligent torts

Back 20

Occur when the defendant fails to act in a responsible way and thereby subjects other people to an unreasonable risk of harm

Front 21

Strict-liability torts

Back 21

occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely

Front 22

Compensatory damages

Back 22

aware that puts plaintiff in the position he or she would have been in had the tort not occured

Front 23

Nominal damages

Back 23

A minimal amount that signifies the defendant's behavior was wrongful but caused no harm

Front 24

Punitive damages

Back 24

punish the defendant and deter such conduct in the future

Front 25

Duty

Back 25

standard of care that the defendant owes the plaintiff

Front 26

Causation

Back 26

the defendant's conduct led to the plaintiff's injury

Front 27

Res ipsa loquitur

Back 27

Doctrine that permits the judge or jury to infer that the defendant's negligence was the cause of the plaintiff's harm in cases in which there is no direct evidence of the defendant's lack of care.

Front 28

Negligence per se

Back 28

Doctrine that permits a plaintiff to prove negligence by offering evidence of the defendant's violation of a statue that has been enacted to prevent a certain type of harm

Front 29

Contributary negligence

Back 29

defense that allows the defendant to entirely escape liability be demonstrating any degree of negligence on the part of the plaintiff that contributed to the plaintiff's harm

Front 30

Comparative negligence

Back 30

defense that allows the liability to be apportioned between plaintiff and defendant in accordance with the degree of responsibility each bears for the harm suffered by the plaintiff

Front 31

Strict Liability

Back 31

persons who engage in activities that are so inherently dangerous that no amount of due care can make them safe are strictly liable, regardless of the degree of care they used when undertaking the activity

Front 32

Federalism

Back 32

authority to govern is divided between federal government and the sates

Front 33

Federal supremacy

Back 33

any state or local law that directly conflicts with the US constitution or federal laws or treaties is void

Front 34

Concurrent authority

Back 34

both state and federal governments have the power to regulate certain matters, generally the federal government defers to the state

Front 35

Federal preemption

Back 35

The federal government uses this doctrine to strike down laws that do not directly conflict with a federal law but attempt to regulate an area within federal legislative jurisdiction

Front 36

Commerce Clause

Back 36

grants the federal government the authority to pass regulations that significantly affect interstate commerce
(provides the basis for most federal government regulations today)

Front 37

Police powers

Back 37

residual powers retained by states to pass laws to safeguard the health and welfare of their citizens

Front 38

dormant commerce clause

Back 38

prohibits states from passing laws that significantly interfere with interstate commerce

Front 39

Privileges and immunities clause

Back 39

prohibits states from discriminating against citizens of other states

Front 40

Full faith and credit clause

Back 40

in civil matters, courts in all states must uphold rights established by legal documents

Front 41

Contract clause

Back 41

Congress cannot pass laws that unreasonably interfere with existing contracts

Front 42

First Amendment

Back 42

protected speech, freedom of religion
- corporate speech in certain circumstances

Front 43

Establishment clause

Back 43

Congress ma not make laws respecting an establishment of religion

Front 44

Fourth Amendment

Back 44

protection from unreasonable search and seizure
-both corporations and individuals

Front 45

Fifth Amendment

Back 45

government cannot take life, liberty or property without due process of law

Front 46

Procedural due process

Back 46

Focuses on rules for enforcing laws and entitles individuals to notice of legal action against them

Front 47

Substantive due process

Back 47

requires that government have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property

Front 48

Strict scrutiny

Back 48

to analyze government actions that abridge fundamental rights or that include suspect classifications

Front 49

intermediate scrutiny

Back 49

to analyze classifications based on gender or legitimacy of children

Front 50

rational-basis test

Back 50

analyze classifications involving other matters

Front 51

Fourteenth Amendment

Back 51

Applies due process clause to the states

Front 52

Property

Back 52

a set of rights in relation to a tangible object, the most significant of which is probably the right to exclude others

Front 53

Real property

Back 53

land and anything permanently attached to it

Front 54

Personal property

Back 54

tangible movable objects and intangible objects

Front 55

Intellectual property

Back 55

property that is primarily the result of one's mental rather than physical creativity

Front 56

How can personal property be transferred?

Back 56

voluntarily through a gift or a sale, may also be transferred involuntarily if it is lost or mislaid

Front 57

Bailment

Back 57

special relationship in which bailor transfers possession of personalty to another, bailee, to be used by bailee in an agreed-on manner for an agreed-on time period