Mid-Term

Front 1

Stare decisis

Back 1

"Let the decision stand". A basic principle of common law, it means that precedent is usually binding.

Front 2

Substantaive Law

Back 2

Rules that establish the rights of parties.

Front 3

Procedural Law

Back 3

The rules establishing how the legal system itself is to operate in a particular kind of case.

Front 4

Treaties

Back 4

Ratified by 2/3s vote. Able to be made with foreign nations.

Front 5

Sources of Law

Back 5

- Unites States Constitution and state constitutions.

- Statutes, which are drafted by legislatures.

-Common Law, which is the body of cases decided by judges, as they follow precedent.

-Administrative Law, the rules and decisions made by federal and state agencies.
-Treaties, agreements between the United States and foreign nations.

Front 6

Statute of Limitation

Back 6

1. A statute of limitation is a law which forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago. The general purpose of statutes of limitation is to make sure convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time.

Front 7

Original Jurisdiction

Back 7

Court's power to hear a case for the first time.

Front 8

Appellate Jurisdiction

Back 8

A court has the power to review a lower court's decision.

Front 9

Federal Question

Back 9

A case in which the claim is based on the United States Constitution, federal statute, or federal treaty.

Front 10

Diversity Jurisdiction

Back 10

1. When the plaintiff and defendant are citizens of different states and 2. the amount in dispute exceeds $75,000

Front 11

Voir Dire

Back 11

The process of selecting a jury

Front 12

Dispute Resolution Methods

Back 12

Litigation - Process of filing claims in court and ultimately going to trial

Negotiation

Arbitration - Parties agree to bring in third party who has power to impose an award.

Mediation - A third party (mediator) helps others reach agreement

Front 13

Discovery

Back 13

The pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case.

Front 14

Discovery Methods

Back 14

Deposition - One party's lawyer questions other party or potential witnesses under oath

Interrogatory - Written questions opposing party must answer in oath under writing

Production of Documents - Each side may ask the other side to produce relevant documents for inspection and copying

Request for stipulations

Physical and mental examinations

Front 15

Separation of Powers

Back 15

Article I created congress (legislative).

Article II created a President (executive).

Article III created Supreme court (judicial)

Front 16

Commerce Clause

Back 16

The part of Article I, Section 8, that gives congress the power to regulate commerce with foreign nations and among states.

Front 17

Supremacy Clause

Back 17

Makes the Constitution, and federal statutes and treaties, the supreme law of the land. Federal law preempts state statutes.

Front 18

Interstate Commerce

Back 18

A state may not regulate commerce in any way that will interfere with interstate commerce.

Front 19

Constitutional Protections

Back 19

First - Freedom of speech

Fifth - Due process and takings clause

Fourteenth - Equal Protection clause

Front 20

Burden of Proof

Back 20

The allocation of which party must prove its case.

Front 21

Negligence

Back 21

Injuries caused by neglect. Not acting as a reasonable person would in the situation.

Front 22

Negligence per se

Back 22

Violation of a standard of care set by statute.

Front 23

Intentional Torts

Back 23

Defamation - Libel (written), Slander (oral)

False Imprisonment - The intentional restraint of another without reasonable cause.

Intentional infliction of emotional distress - Which harm results from outrageous conduct that causes emotional harm.

Battery - Harmful touching

Assault - Fear for battery

Fraud - Injuring by deliberate deception

Front 24

Business Torts

Back 24

Tortious Interference with a contract - Loser induces the seller to breach contract with buyer

Tortious Interference with a prospective advantage - Malicious interference with a developing econimic relationship.

Intrusion - Invasion of privacy

Commercial exploitation - using a celebrity without permission

Front 25

Elements to Prove a Tort Case

Back 25

Duty - had legal responsibility to plaintiff

Breach

Proximate Cause - It was foreseeable that defendant's conduct would cause the harm

Damages - Plaintiff actually was hurt

Front 26

Civil and Criminal Law

Back 26

Civil - Involves rights and liabilities that exist between private parties

Criminal - Prohibits and punishes behavior that threatens public

Front 27

Civil and Criminal Standards of Proof

Back 27

Civil - Evidence

Criminal - Beyond a reasonable doubt (much more certainty)

Front 28

Extradition

Back 28

Transporting criminal or suspect to another country

Front 29

Prosecutor's case must prove

Back 29

1. Conduct outlawed

2. Burden of proof

3. Actus Reus (Guilty Act)

4. Mens Rea (Guilty Mind)

Front 30

Crimes that harm business

Back 30

Larceny - Taking personal property with intent to steal

Fraud - Deception for money or property

Arson - Malicious use of fire to destroy property or real estate

Embezzlement - Fraudulent conversion of property already in defendant's possesion

Front 31

Fifth Amendment

Back 31

Due process and prohibits double jeopardy

Front 32

Sixth Amendment

Back 32

Right to lawyer

Front 33

Eighth Amendment

Back 33

No cruel or unusual punishments

Front 34

Fourth Amendment

Back 34

Prevents illegal searches

Front 35

Tariff

Back 35

Tax imposed on goods when they enter the country

Front 36

Contract

Back 36

A legal enforceable agreement

Front 37

Express Contract

Back 37

An agreement with all the important terms explicitly stated

Front 38

Implied Contract

Back 38

May be formed when words or conduct suggest that the parties intended to a binding agreement.

Front 39

Unilateral Contract

Back 39

One party makes a promise that the other party can accept only by doing something.

Front 40

Bilateral Contract

Back 40

A promise made in exchange for another promise

Front 41

Executory Contract

Back 41

An agreement where one or more parties has not yet fulfilled obligations

Front 42

Executed Contract

Back 42

All parties have fulfilled their obligations

Front 43

Offer

Back 43

Act/ Statement that proposes definite terms and permits the other party to create a contract by accepting those terms.

Front 44

Mirror Image Rule

Back 44

Acceptance be on precisely same terms as offer

Front 45

Mailbox rule

Back 45

Acceptance affected upon dispatch

Front 46

Consideration

Back 46

Both parties must get something of value

Front 47

Forbearance

Back 47

Refraining from something one has a legal right to do

Front 48

Adequacy of Consideration

Back 48

Parties establish adequacy, not the courts.

Front 49

Preexisting duty

Back 49

A promise to do something that a party is already obligated to do is not consideration

Front 50

Illusory Promise

Back 50

A promise that is unenforceable because the promisor makes no firm commitment.

Front 51

Promissory Estoppel

Back 51

Courts enforce parties to fall through with agreements.