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;
93 Cards in this Set
- Front
- Back
What do we call the study of law and legal philosophy?
|
Jurisprudence
|
|
A _______ case is a legal action that can only be brought by the government against a person charged with committing a crime.
|
Criminal case
|
|
A lawsuit that can be brought by a person who feels wronged or injured by another person.
|
Civil case
|
|
Under criminal law the penalties can be ...
|
1.fined
2. jailed 3. given both a fine and jail time 4. placed under court supervision |
|
In a "civil law suit" the defendant will usually be required to ...
|
Pay money damages
|
|
What is the burden of proof in a criminal case?
|
Beyond a reasonable doubt
|
|
What is the burden of proof in a civil case?
|
Preponderance of evidence
|
|
What is the highest law in the land?
|
Supreme Court rulings
|
|
What is the function of the "executive branch" of government?
|
Enforce laws
|
|
What is the function of the "judicial branch" of government?
|
Hear court cases
|
|
What is the function of the "legislative branch" of government?
|
Create laws
|
|
The person accused of committing a crime
|
Defendant
|
|
A crime that is punishable by a possible prison sentence of 1 year or less
|
Misdemeanor
|
|
A crime that has a penalty of more than 1 year
|
Felony
|
|
The person in a civi case who was harmed or injured
|
Plaintiff
|
|
The main advantage of using mediation to settle a dispute is ...
|
The final decision rests in the hands of the parties
|
|
A process that is less formal than a trial in which a third party listens to both sides and decides the outcome fo the dispute
|
Arbitration
|
|
Process in which a third party listens to both sides and helps them decide the outcome of the dispute for themselves
|
Mediation
|
|
A formal process (court hearing) usin a judge and jury to resolve conflicts.
|
Litigation
|
|
Courtroom t.v. is an example of ...
|
Binding arbitration
|
|
The intent of _________ is resolution (coming to an agreement without going to court.)
|
Binding artribution
|
|
The intent of __________ is negotiation
|
Non-binding arbitration
|
|
In some jurisdictions, a person who rejects the arbitrators decision must pay the other parties court costs if the court’s decision is the same as the arbitrators or less favorable
|
True
|
|
Will you be provided with a lawyer(if you can't afford one) in a civil case ?
|
NO ! only in criminal cases
|
|
The decision reached by a mediator is binding on both parties?
|
False
|
|
A mediator must be either a lawyer, judge or former judge, or an expert in particular field.
|
False
|
|
An arbitrator is usually a former judge or expert in a particular field
|
True
|
|
A type of conflict resolution where each party appoints a spokesperson to represent him or her in the reconciliation process
|
Negotiation
|
|
Initial discussions between people in conflict without the presence of third parties
|
informal talk
|
|
A type of conflict resolution in which the decision cannot be challenged or appealed
|
Binding arbitration
|
|
A type of case in which a lawyer is sued for a serious error that caused a client to lose his/her case
|
Legal malpractice
|
|
An attorney fee based on a percentage of what the client wins in the case
|
Contingency fee
|
|
People who become lawyers are most likely to work in ...
|
Private Practice
|
|
What is the best way to find a lawyer to help you?
|
Get a recommendation from someone
|
|
Most lawyers never go to court and provide out-of-court legal assistance such as giving advice, drafting legal opinions, and negotiating settlements
|
True
|
|
Another name for lawyers who do go to court
|
Litigators
|
|
Represents criminal defendants who are too poor to hire a lawyer
|
Public defender
|
|
A downpayment by which a client hires an attorney to work for them
|
Retainer
|
|
Ensures that information shared with your attorney is private
|
Attorney-client privilege
|
|
What may happen to lawyers who violate the code of professional standards?
|
They may be ...
1. Reprimanded 2. Suspended 3, Disbarred |
|
When someone commits a wrong in criminial law, it is called a tort
|
False - It's a tort when they commit a wrong in civil law
|
|
Crimes are considered wrongs against _________.
|
Society
|
|
Torts are considered wrongs against __________.
|
Individuals
|
|
Is jail time usually given to wrongdoers in a civil suit?
|
No
|
|
In some cases, the same activity can be both a crime and a tort.
|
True
|
|
Can an employee who is injured on the job and is covered by workman's compensation still sue his employer?
|
No
|
|
A tort occurs when a person causes injury or damage to ...
|
1. Another person
2. Another's property 3. Another's reputation |
|
Approximately how many tort cases are settled without going to trial?
|
90%
|
|
The movie "Erin Brokovich" dealt with ...
|
1. Binding arbitration
2. Class action suit |
|
What type of insurance covers employees if they are injured on the job?
|
Workman's Compensation
|
|
What type of auto insurance covers you in case your car is stolen, vandalized, or damaged by fire?
|
Comprehensive coverage
|
|
Insurance that covers professionals such as doctors, lawyers, and accountants.
|
Malpractice insurance
|
|
In order to obtain license plates in Illinois, you must have what type of insurance?
|
Liability insurance
|
|
What type of insurance protects you from drivers that have no insurance or not enough insurance to cover all of the expenses
|
Uninsured motorist coverage
|
|
What does liability insurance cover?
|
Other people and property if you are responsible for the accident
|
|
Payments made for insurance coverage
|
Premiums
|
|
A lawsuit brought by one or more persons on behalf of a larger group
|
Class action suit
|
|
The amount of evidence the prosecutor must present in order to win the case
|
Standard of proof
|
|
The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person
|
Negligence
|
|
What do we call it when one is exempt from penalties, payments, or legal requirements; free from prosecution
|
Immunity
|
|
The injured party who brings legal action against the wrongdoer in a civil case
|
Plaintiff
|
|
This type of law is made by judges through court decisions generally in the state appellate courts
|
common law
|
|
The person against who a claim is made in a civil case; it's the person being sued
|
Defendant
|
|
A person or organization among many possible defendants, best able to pay damages and therefore most likely to be sued in a tort case
|
Deep pockets
|
|
A mutual agreement between two sides in a civil lawsuit, made either before the case goes to trial or before a final judgment is entered , that settles the case
|
Settlement
|
|
Actions taken to deliberately harm another person or their property
|
Intentional tort
|
|
What are the 2 types of intentional torts?
|
1. Torts causing injury to persons
2. Torts causing damage to property |
|
A landuser who enters the property of another without permission
|
Trespasser
|
|
This tort occurs when someone uses patented or copyrighted work without permission
|
Infringement
|
|
Damages paid to a defendant to reimburse or compensate them for harm caused such as financial loss or pain and suffering
|
Compensatory damages
|
|
A type of property that includes land and the items attached to it such as houses, crops, and fences
|
Real property
|
|
This recognizes and gives credit to the owner of an invention
|
Patent
|
|
A customer of a business represents this type of land user
|
Invitee
|
|
This type of tort occurs when there is an unreasonable interfence with your ability to use and enjoy your property without anyone physically entering your property
|
Nuisance
|
|
Policemen, fire fighters, and door-to-door salesmen are examples of this type of land user
|
Licensees
|
|
This type of property includes property that can be moved such as cars, clothing, and appliances
|
Personal property
|
|
Damages paid to a plaintiff that are only a small or token amount of money to show that the claim was justified
|
Nominal damages
|
|
A court order that requires a defendant to stop an activity that is considered a nuisance
|
Injunction
|
|
Property that includes the creation of a person's mind such as music, art, software, etc.
|
Intellectual property
|
|
A tort that affects a large group of people
|
Public nuisance
|
|
Damages awarded to a plaintiff to punish the defendant for malicious, willful, and outrageous acts
|
Punitive damages
|
|
This tort occurs when someone unlawfully takes control of your property for a long period of time and acts as if they own it
|
Conversion
|
|
A copyright protects the creator of their work for a period of ...
|
Until the creator's death plus 70 years
|
|
A patent protects the owner of an invention for how long?
|
20 years
|
|
This type of tort includes an oral statement that harms another person's reputation
|
Slander
|
|
What type of tort is a written statement that harms another person's reputation?
|
libel
|
|
What do we call the intentioanl tort that occurs when a person intentionally causes a harmful or offensive contact with another person?
|
Battery
|
|
What do we call the intentional tort that occurs when a person goes beyond mere words and intentionally makes someone fear an immediate harmful or offensive act?
|
Assault
|
|
This type of tort occurs when a person intentionally and wrongfully confines another person against his or her will
|
False imprisonment
|
|
This type of tort includes actions tha harm another person's reputation
|
Defamation
|
|
What is the name of the tort that occurs when a person enters another person's property without permission?
|
Trespass
|
|
A doctrine that says if a person keeps something on his or her premises that is likely to attract children, that person must take reasonable steps to protect children against dangers the condition might cause
|
Attractive Nuisance doctrine
|
|
This defense to a tort allows someone to use reasonable force to defend themselves.
|
Self-defense
|