Bul 4320 - Exam 1

Front 1

What are the schools of jurisprudential thought

Back 1

Sociological
Command
Natural
Analytical
Economic
Sociological
Critical Legal Studies

Front 2

Sociological Law School

Back 2

laws are established for the achievement and advancement of sociological goals

Front 3

Command Law School

Back 3

laws are developed, communicated, and enforced by the ruling party

Front 4

Historical Law School

Back 4

laws are based on the aggregate of traditions and customs

Front 5

Economic Law School

Back 5

law should be built upon market efficiency

Front 6

Critical Legal Studies School

Back 6

laws are unnecessary and all issues should be solved through arbitrary rules and fair judgment

Front 7

Analytical Law School

Back 7

law is shaped by logic

Front 8

Natural Law School

Back 8

based on ethics and morals

Front 9

Sources of Law in the US

Back 9

U.S Constitution
Treaties
Statutes/ Ordinances (Codified Law)
Executive Order
Administrative Agencies
Judicial Decision
Precedence

Front 10

U.S Constitution

Back 10

The supreme law of the land

Front 11

Treaties

Back 11

A pact made between two or more nations

Front 12

Codified Law (Statute)

Back 12

written law enacted by the legislative branch of the federal and state government, that establishes certain courses of conduct that covered parties must adhere to.

Front 13

Federal Statute

Back 13

Regulate foreign and interstate commerce

Front 14

State Statute

Back 14

e.g: corporation law, partnership law, workers comp law, etc.

Front 15

(Codified Law) Ordinance

Back 15

Laws enacted by local governments (cities, municipalities, districts, counties, etc.)

Front 16

Executive Order

Back 16

An order issued by the executive branch (President, State Governors)

Front 17

Administrative Agencies

Back 17

Agencies (such as the IRS, SEC, etc.) that the legislative and executive branches are empowered to establish.

Front 18

Judicial Decision

Back 18

A decision about an individual lawsuit issued by the state or federal court

Front 19

Precedent

Back 19

A rule established in a court decision. (Lower courts must follow higher court's precedent)

Front 20

Supremacy Clause

Back 20

A clause in the Constitution that establishes federal law, treaties, the federal constitution, and federal regulation as the law of the land.

Front 21

Preemption Doctrine

Back 21

The concept that federal law takes precedence over state law.

Front 22

National Conference of Commissions on Uniform State Law

Back 22

An association composed of state appointed commissioners that meet to discuss and debate which laws should be uniform across states

Front 23

Common Law

Back 23

Ruling of previous cases that are used as precedence for future cases.

Front 24

Case Law

Back 24

A law set forth by a previous case ruling. (precedence)

Front 25

Pretrial Litigation Process Steps

Back 25

Complaint, Answer, Cross-complaint and reply

Front 26

Pretrial Litigation Process -Complaint

Back 26

the document the plaintiff files with the court to initiate a lawsuit

Front 27

Pretrial Litigation Process -Answer

Back 27

A document the defendant files with the court. It usually denies most allegations of the complaint.

Front 28

Pretrial Litigation Process - Cross-complaint and Reply

Back 28

A document filed by the defendant if he/she counter-sues the plaintiff. The plaintiff must then reply as the cross-defendant.

Front 29

Discovery

Back 29

each party engages in various activities to discover facts of the case from the other party and witnesses prior to trial.

Front 30

Discovery Steps

Back 30

Deposition
Interrogatories
Production of Documents
Physical and Mental Examination

Front 31

Deposition (Discovery step)

Back 31

Oral testimony given by deponent

Front 32

Interrogatories (Discovery step)

Back 32

written questions submitted by one party to another

Front 33

Production of Documents (Discovery step)

Back 33

copies of all relevant documentation regarding the lawsuit from one party to the other

Front 34

Physical and Mental Examination (Discovery step)

Back 34

court order of examination of a party where injuries are alleged

Front 35

Voir Dire

Back 35

the process in which the judge and lawyers asp potential jurors questions to determine if they would be bias.

Front 36

Judicial Dispute Resolution

Back 36

fancy phrase for a normal court trial

Front 37

a distinguishing feature of judicial dispute resolution

Back 37

?

Front 38

Types of ADR

Back 38

Arbitration
Negotiation
Mediation

Front 39

Arbitration

Back 39

the parties choose an impartial third party to hear and decide the dispute. The decision is legally binding.

Front 40

Mediation

Back 40

Same as arbitration but decision isnt binding

Front 41

Negotiation

Back 41

when the two parties work it out amongst themselves.

Front 42

Uniform Arbitration Act

Back 42

attempts to harmonize the law in all 50 states.

Front 43

Categorical Imperative

Back 43

Kantian ethics (decision based on moral and ethics)

Front 44

Utilitarian theory of Ethics

Back 44

The greatest good for the greatest number

Front 45

Powers given to the State and Federal Gov't

Back 45

The federal gov't is empowered to deal with all national and international issues. All powers not specifically delegated to the Federal gov't are reserved for the states.

Front 46

Legislative Branch

Back 46

Branch which enforces the law

Front 47

Administrative Branch

Back 47

Branch that makes the law

Front 48

Judicial Branch

Back 48

Branch that interprets the law.

Front 49

Commerce Clause

Back 49

Constitutional Clause that grants congress the power to regulate commerce with foreign nations and native Americans

Front 50

Taxing and Spending Clause

Back 50

Grants the Gov't the power of taxation

Front 51

Larceny

Back 51

wrongful or fraudulent taking of another persons property without fear, force, or trespassing

Front 52

burglary

Back 52

stealing with trespassing

Front 53

Robbery

Back 53

stealing by applying fear and/or force

Front 54

Forgery

Back 54

fraudulent making or altering of a document which affects the legal liability of another person

Front 55

Embezzlement

Back 55

the fraudulent conversion of property by a person to whom it was entrusted (lawyer, accountant, treasurer, etc.)

Front 56

Corporate Bribe

Back 56

payment of bribes to private persons or businesses

Front 57

RICO

Back 57

Racketeer Influence and Corrupt Organizations Act.

A federal statute that provides for both civil and criminal penalties.