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44 Cards in this Set

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Administrative Agency
governmental body who administer/ implement laws. have legislative, executive, and judicial powers

Ex- FBI, EPA, DEA

Affirm
when a decision is set, the appellate court determines that the lower court made the right decision.
Appellent
people who appeal the lower court’s decision
Appellee
party against whom the appeal is filed for
Caption
that part of a case that identifies/introduces the names of the parties involved in the lawsuit

(Klein vs. Raysinger)

Common Law Marriage
a marriage in which the parties have the capacity to marry, agree to be married, and hold themselves to the world as being married. no longer recognized in PA
Concurring Opinion
an opinion written by a judge who agrees with the outcome of the case but wants to note a difference in logic for reaching the decision
Defendent
who is being sued
Dissenting Opinion
a judge writes a dissent when he or she disagrees with the result reached by the majority; the dissent has no value as precedent
Domestic Partnership
Unwed couple; gay or straight; can acquire legal rights and protections by contract to the other’s assets
Family Law
those rights, duties, involving marriage, the family, a civil union, domestic partnership, divorce and other family related issues

-falls under private law

Intangible Property
property that is not a physical object; a patent or trademark
Personal Property
property that isn’t land; can be tangible (car, book, clothes) or intangible (bank accounts, stocks, bonds, patents, copyrights)
Plaintiff
the party who initiates the case- files complaint
Precedent
(stare decisis)- judges apply rules/decisions to the current case at hand by comparing it to past cases
Private Law
involves matters between the individuals the incident was about;

- through forms of contract, tort, marriage, and property law

Property Law
deals with the rights/duties that come from ownership/possession of real or personal property. defines and enforces the rights and rules that come with owning property
Public Law
involves rights of a society as a whole; interests are handled by a government agency;

- can be criminal, constitutional, or administrative law


Ex: "crime of murder"

Real Property
land and everything attached to the land
Remanded
appellate court “sends back” a case to the trial court when they find that the trial judge made an error
Appeal
taken back- relooked at because appellent thought it was wrong
Reverse
appellate court reverses the decision when it finds that the lower court’s decision was wrong
Tangible Property
physical, touchable, cars, shoes
Tort Law
a private civil wrong against an individual where the court will award money damages

-negligence, intentional torts, products liability



Treaties
an agreement between two or more parties

Statutory Law

designed to address problems in our society and make rules that people are concerned about. can be federal, state or municipal

Common Law

Article 3 of the Constitution- judges make the law based on customs and traditions of the people. allows judges to interpret the laws and judge what conduct is proper and valued

Opinions

written explanations of the decision so the public understand the court's reasoning for why they decided on what they decided

Citation

tells the reader how to locate the case (470 A.2d 507)

Majority Opinion

decision reached by more than half of the judges

Status and process

makes judicial decisions easier to understand; possible to predict outcome of the case without knowing the law.

Freedom of Information Act

provides that anyone has a right, enforceable in court, to gain access to federal agency records, except if they are specifically told/enforced that its illegal.

Criminal Law

violates the rights of society, not the individual victim of the crime. "on behalf of society" goes against criminal

Administrative Law

focus on specialized areas of law- staffed with experts in the field. (FBI, EPA, DEA)

Contract Law

deals with the exchanges of promises made by the parties- (buying gas, taking public trans, getting lunch)

Cyberlaw

deals with tasks/transactions handled over the Internet/ other digital networks. New, law hasn't had time to adapt this changing world- hard to apply certain principles

Corporate Governance

Concerns the relationship between shareholders, stakeholders, Officers, and Board of Directors.


- manage business fairly, adhere to laws, be ethical with transactions, make decisions correctly

Primary Source

written law itself; cases, laws, legal decisions; fall into 2 categories (binding and persuasive)

Binding Authority

In-state violation- performed in-state under law

Persuasive Authority

Out-of-state

Secondary Sources

consists of all other writings on the law;


-could be law review articles, treaties, restatements,

Case Law

refers to the written decisions issued by judges; cases are collected in large volumes of books (reporters) (westlaw and lexis)

Statutory Law

regards to statutes/laws-

Statute

law passed by legislation