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93 Cards in this Set

  • Front
  • Back
What do we call the study of law and legal philosophy?
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 ...
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
A crime that is punishable by a possible prison sentence of 1 year or less
A crime that has a penalty of more than 1 year
The person in a civi case who was harmed or injured
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
Process in which a third party listens to both sides and helps them decide the outcome of the dispute for themselves
A formal process (court hearing) usin a judge and jury to resolve conflicts.
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
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?
A mediator must be either a lawyer, judge or former judge, or an expert in particular field.
An arbitrator is usually a former judge or expert in a particular field
A type of conflict resolution where each party appoints a spokesperson to represent him or her in the reconciliation process
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
Another name for lawyers who do go to court
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
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 _________.
Torts are considered wrongs against __________.
Is jail time usually given to wrongdoers in a civil suit?
In some cases, the same activity can be both a crime and a tort.
Can an employee who is injured on the job and is covered by workman's compensation still sue his employer?
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?
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
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
What do we call it when one is exempt from penalties, payments, or legal requirements; free from prosecution
The injured party who brings legal action against the wrongdoer in a civil case
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
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
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
This tort occurs when someone uses patented or copyrighted work without permission
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
A customer of a business represents this type of land user
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
Policemen, fire fighters, and door-to-door salesmen are examples of this type of land user
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
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
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
What type of tort is a written statement that harms another person's reputation?
What do we call the intentioanl tort that occurs when a person intentionally causes a harmful or offensive contact with another person?
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?
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
What is the name of the tort that occurs when a person enters another person's property without permission?
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.