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118 Cards in this Set
- Front
- Back
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Ethics
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Ethics
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The study of how people ought to act.
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Deontological Reasoning
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Position where the morality of an action is judge by how it stands with the rules or laws. (Duty or Rule based Ethics)
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Teleological Reasoning
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Outcome based approach. The outcome is the greatest good for the greatest number of people. Utilitarian.
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Utilitarianism
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Greatest good for the greatest number of people. (Problems w/-can't know the outcomes, being in the minority sucks)
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Virtue Ethics
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Emphasis on "being" rather than doing. Can you look yourself in the mirror, what would your mom think, is it something you want to hide?
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Stakeholders
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Anyone who is affected by the activities of a corporation, such as employees, customers, creditors, suppliers, shareholders, and neighbors.
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Statute
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A law passed by a legislative body, such as Congress.
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Ordinance
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Laws from local governments, such as the county level
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Bill
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A proposed statute that has been submitted for consideration to Congress or a State Legislature.
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Administrative Law
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Concerns all agencies, boards, commissions, and other entities by a federal or state legislature and charged with investigating, regulating, and adjudicating a a particular industry or issue.
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Rule or Regulation
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Interstate Commerce
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Intrastate Commerce
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Lawmaking
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Equity
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The broad powers of a court to fashion a remedy where justice demands it and no common law remedy exists. An injunction is an example of an equitable remedy.
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Injunction
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A court order that a person either do or stop doing something.
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Federalism
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The national governments power is limited. Congress can pass statutes on certain issues but those not listed on article 1 sec 8 can be only legislated by the state.
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Common Law
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Judge-made law, that is, the body of all decisions made by appellate courts over the years.
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Precedent
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An earlier case that decided the same legal issue as that presently in dispute, and which therefore will control the outcome of the current case.
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Stare Decisis
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"Let the decision stand." A basic principle of the common law, it means that precedent is usually binding.
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Criminal Law
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Rules that permit a government to punish certain behavior by fine or imprisonment.
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Civil Law
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The large body of law concerning the rights and duties between parties. It is distinguished from criminal law, which concerns behavior outlawed by the government.
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Burden of Proof
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The allocation of which party must prove its case. In civil cases, the plaintiff has the burden of prof to persuade the fact finder of every element of her case. In criminal case, the government has the burden of proof.
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Beyond a Reasonable Doubt
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The very high burden of proof in a criminal trial, demanding much more evidence and certainty than required in a civil trial.
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Preponderance of the Evidence
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The level of proof that a plaintiff must meet to prevail in a civil lawsuit. It means that the plaintiff must offer evidence that, in sum, is slightly more persuasive than the defendant's evidence.
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Substantive Law
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Rules that establish the rights of parties. For example, the prohibition against slander is substantiative law, as opposed to procedural law.
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Procedural Law
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The rules establishing how the legal system itself is to operate in a particular kind of case.
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Plaintiff
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The person who is suing.
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Defendant
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The person being sued.
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Dissenting Opinion
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Concurring Opinion
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Amicus Curiae
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Someone with strong interest in the matter may submit a brief.
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Jurisdiction
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The power of a court to hear a particular dispute, civil or criminal, and to make a binding decision.
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Long Arm Statute
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Writ of Certiorari
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A petition filed by a party who wants the Supreme Court to hear a case and review the ruling made by a lower court.
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Pleadings
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The documents that begin a lawsuit: the complaint, the answer, the counter-claim and reply.
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Service of Process
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The procedure to get a legal document to the defendant, or a courts exercise of getting them to respond to the proceedings.
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Summons
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The paper that says that a defendant is being sued and asserts the power of the court to hear the case.
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Complaint
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A pleading, field by the plaintiff, providing a short statement of the claim.
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Default Judgment
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Court order awarding one party everything it requested because the opposing party failed to respond in time.
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Counterclaim
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A claim made by the defendant against the plaintiff.
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Class Action
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A method of litigating a civil suit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group of people with similar claims against a common opponent.
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Motion to Dismiss
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A request that the court terminate a case without permitting it to go further.
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Statute of Limitations
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A statute that determines the period within which a particular kind of lawsuit must be filed.
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Discovery
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A stage of litigation, after all pleadings have been served, in which each party seeks as much relevant information as possible about the opposing party's case.
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Interrogatories
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Written questions that opposing party must answer, in writing, under oath. (during discovery)
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Deposition
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Chance for one party's lawyers to question the other party or potential witness, under oath. The person being questioned is the deponent.
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Subpoena
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An order to appear, issued by a court or government body.
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Summary Judgment
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The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute.
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Voir Dire
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The process of selecting a jury. Attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair impartial judgement.
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Challenges for Cause
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An attorney's request, during voir dire, to excuse a prospective juror because of apparent bias.
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Peremptory Challenges
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During Voir Dire, a request by one attorney that a prospective juror be excused for an unstated reason.
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Directed Verdict
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The decision by a court to instruct a jury that it must find in favor of a particular party because, in the judge's opinion, no reasonable person could disagree on the outcome.
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Judgement non obstante verdicto
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Judgement notwithstanding the verdict. A trial judge overturns the verdict of the jury and enters a judgement in favor of the opposing party.
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Affirm
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A decision by an appellate court to uphold the judgement of a lower court.
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Reverse and Remand
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To nullify the lower decision and return the case for reconsideration or retrial.
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Dispute Resolution
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Settlement
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Mediation
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The process of using a neutral person to aid in the settlement of a legal dispute. A mediator's decision is non-binding.
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Arbitration
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A form of alternative dispute resolution in which the parties hire a neutral third party to hear their respective arguments, receive evidence, and then make a binding decision.
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Appellant
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The party who appeals a lower court decision to a higher court.
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Appellee
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The party opposing an appeal from a lower court to a higher court.
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Larceny
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Taking personal property with the intention of preventing the owner from ever using it.
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Fraud
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Deception of another person to obtain money or property from them.
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RICO
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A law passed by congress to prevent gangsters from taking money they earned illegally and investing it into legitimate businesses.
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Probable Cause
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In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence.
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Grand Jury
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A group of ordinary citizens that decides whether there is probable cause the defendant committed the crime which should be tried.
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Indictment
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The government's formal charge that a defendant has committed a crime.
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Arraignment
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Clerk reads formal charges, judge asks if you have a lawyer, judge asks lawyer how will you pleads to the charges.
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Plea Bargain
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An agreement between prosecution and defense that the defendant will plead guilty to a reduced charge, and the prosecution will recommend to the judge a relatively lenient sentence.
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Attorney Client Relations
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Contingent Fee
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Payment to an attorney that is contingent upon some recovery or reward in the case. (Civil Cases)
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Retainer
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Contract between client and attorney stating the nature of the services to be rendered and the cost. Fee the client pays for the attorney to act upon their behalf.
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Litigation
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The process of resolving disputes through formal court proceedings.
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In-House Counsel
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Attorney-Client Privilege
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Communication between attorney and client is "secret" cannot be disclosed.
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Tort Law
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Tort
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A civil wrong, committed in violation of a duty that the law imposes.
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Defamation
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The act of injuring someone's reputation by stating something false about them to a third person.
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Libel
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Defamation done in either writing or broadcasting. (Written
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Slander
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Defamation done orally.
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False Imprisonment
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The intentional restraint of another person without reasonable cause and without their consent.
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Intentional Infliction of Emotional Distress
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Results from extreme and outrageous conduct that causes serious emotional harm.
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Conversion
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Tortious Interference with Contract
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The defendant improperly induced a third party to breach a contract with the plaintiff.
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Invasion of privacy
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Negligence
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Violation of a standard of care set by statute.
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Gross Negligence or Reckless Regard
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Malpractice
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Proximate Causation (Foreseeable Harm)
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Contributory Negligence
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A rule of tort law that permits a negligent defendant to escape liability if she can demonstrate that the plaintiff's own conduct contributed in any way to the plaintiffs harm.
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Comparative Negligence
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A state in which a plaintiff may generally recover even is she is partially negligent.
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Assumption of Risk
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A special rule that holds that on who voluntarily enters an obviously dangerous situation cannot complain if he or she is injured.
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Vicarious Liability
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Respondent Superior
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"Let the master answer." A principle of liability that holds that the master is liable for the agent's misbehavior whether or not the master was at fault.
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Workers' Compensation Statutes
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Ensure that employees receive payment for injuries incurred at work.
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Liability Insurance
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Loss Insurance
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Subrogation
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Collecting and Property Law
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Real Property
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Land, together with certain things associated with it, such as buildings, subsurface rights, air rights, plant life and fixtures.
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Easement & License
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The right to enter land belonging to another and make a limited use of it, without taking anything away.
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Mortgage
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A security interest in real property.
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Lien
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A security interest created by rule of law, often based on labor that the secured party has expanded on the collateral.
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Bankruptcy- Chapter 7
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Liquidation- the bankrupts assets are sold to pay creditors. If the debtor owns a business, it terminates. The creditors have no right to the debtors future earnings.
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Bankruptcy- Chapter 11
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Reorganization- Designed for businesses and wealthy individuals. Businesses continue to operate and creditors receive a portion of both current and future earnings.
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Bankruptcy- Chapter 13
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Consumer Reorganization- For consumers, creditors usually receive a portion of the individuals current assets and future earnings.
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Personal Property
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All property thats not real property.
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Writ of Execution
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Garnishment
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Insolvency
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Exempt Property
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Under federal coed, a debtor is allowed to exempt $20,200 of the value of their home. But the states can opt out of the system.
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Tort Law- Strict Liability
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Strict Liability
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A tort doctrine holding to a very high standard all those who engage in ultra-hazardous activity or who manufacture certain products.
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Product Liability
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The potential responsibility that a manufacturer or seller has for injuries caused by defective goods.
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Duty of Due Care
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If the defendant could have foreseen injury to a particular person, she has a duty to him.
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Negligence
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Must prove all elements: duty of due care, breached that duty, factual cause(their conduct caused it), forseeable harm, injury.
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