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Blaw 341 > B law > Flashcards

B law Flashcards

1
Q

primary law

A

Constitutional law
Statutory law
regulations
case law

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2
Q

Constitutional law

A

law derived from the US Constitution and the constitutions of individual states

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3
Q

Statutory law

A

is the body of law enacted by legislative bodies at any level of govt (fed, state, local)

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4
Q

regulations

A

“administrative law” are created by administrative agencies

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5
Q

case law

A

refers to judicial opinions made by a judge in court

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6
Q

common law

A

body of general rules applied throughout the entire english realm

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7
Q

remedy

A

the compensation given to an innocent party to enforce a right or compensate for a violation of the right

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8
Q

remedies at law

A

compensate for actual loss from damages in a payment of money or property

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9
Q

remedies in equity

A

are granted to the innocent party when monetary payment is just not enough

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10
Q

equitable principles or maxims

A

general principles that provide guidance to decide whether a party should be granted remedies in equity or not (clean hands doctrine)

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11
Q

Substantive law

A

defines, describes, regulates, and creates law

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12
Q

procedural law

A

establishes methods of enforcing law

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13
Q

Civil law

A

refers to cases dealing with persons against persons or persons against govt

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14
Q

criminal law

A

punishes wrongful actions committed by persons against society/public

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15
Q

Trial level courts (state CS)

A

general and specialized jurisdictions and administrative agencies that perform quasi-judicial “trial” type functions (small claims court, traffic violations)

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16
Q

intermediate appellate court

A

courts of appeal

a appeal is filed if one party believes the verdict was incorrect

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17
Q

highest appelate court

A

supreme court

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18
Q

US District court

A

bankruptcy courts, court of federal claims, tax court (one in every state)

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19
Q

US Court of Appeals

A

intermediate court of appeals

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20
Q

Writ of Certiorari

A

the party must request that the supreme court send a writ of certiorari to a lower court requiring the court to send the record of the case for review

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21
Q

rule of four

A

supreme court will not issue a writ unless at least four justices approve of the decision to issue the writ

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22
Q

when does the litigation process begin

A

when the plaintiff files a complaint with the appropriate court

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23
Q

summons

A

a doc. informing a defendant that a legal action has been filed against them and they must show up in court

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24
Q

discovery

A

the opposing parties obtain info from each other to prepare for trial

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25
Q

voir dire

A

the process to select a jury by asking questions to make sure the jury isn’t biased (most trials don’t have jury’s)

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26
Q

motion for a directed verdict

A

the judge can direct a verdict for the party making the motion on the basis that the evidence is good enough

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27
Q

motion for the judgment N.O.V.

A

requests the court grand judgment in favor of them bc the jury’s verdict was unreasonable

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28
Q

judicial review

A

a court decides if the laws/actions of the legislative/executive branches are constitutional or not (judicial branch oversee the executive branch)

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29
Q

three requirements for a court to hear a lawsuit

A
  • jurisdiction (authority of a court to hear a case)
  • venue
  • standing to sue
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30
Q

in rem jursidiction

A

court having jurisdiction over property involved in a case

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31
Q

concurrent jurisdiction

A

when two different courts have the power to hear a case

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32
Q

federal courts jurisdiction

A

when it involves a federal question (US constitution, treaty) or diversity of citizenship (residents of different states/countries) and must exceed $75,000

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33
Q

standing to sue

A

plaintiff must have suffered harm, or threatened by harm

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34
Q

alternative dispute resolutions (ADR)

A

settling disputes other than the traditional judicial process

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35
Q

negotiations (ADR)

A

parties meet informally and come to an agreement

36
Q

mediation (ADR)

A

a third party meets with both parties and unbiasly points out specific facts

37
Q

arbitration (ADR)

A

parties meet with an arbitrator who imposes a resolution

this can be appealed

38
Q

commerce clause

A

provision of the US constitution that gives Congress the power to regulate any activity that substantially affects interstate commerce

39
Q

Ogden vs. Gibbons

A

expanded the power of the govt to not only regulate commerce between states but also within a state as well (NY -> NJ steamboat case)

40
Q

Police powers

A

refers to power of the state that allows them to promote public order, health, safety, morals (fire codes, building codes, parking regulations)

41
Q

The Supremacy clause

A

The US Constitution is the supreme law of the land

42
Q

preemption

A

federal laws override local (state) laws

43
Q

Bill of Rights

A

originally gave individuals/corporations protection from federal govt but the 14th amendment offered protection against state govt as well

44
Q

content-neutral laws

A

govt can’t suppress the content of a message but can control the time, manner, and place of the speech

45
Q

defamatory speech (not protected by 1st amendment)

A

harm the reputation of an individual

46
Q

threatening speech (not protected by 1st amendment)

A

“I’m going to kill you”

47
Q

Obscene speech (not protected by 1st amendment)

A

what one may find obscene, another may not (the word thug may have to do with a specific race but may not)

48
Q

tort

A

wrongful act that results in harm/injury to another and usually deals with monetary being given to those being hurt

49
Q

compensatory damages

A

compensate the individual/corporation for the actual loss endured

50
Q

special damages

A

quantifiable monetary compensation such as medical expenses, lost wages, benefits, etc

51
Q

general damages

A

compensation for acts of harm or suffering such as emotional distress, loss of companionship

52
Q

punitive damages

A

awarded to the plaintiff to punish the defendant and limit similar conduct in the future

53
Q

intentional tort

A

when someone intends to commit an act that causes harm to someone

54
Q

assault

A

intentional physical/verbal act that causes immediate harm to someone (throwing a book at a person)

55
Q

battery

A

physical damage occurs with intent for offensive contact (EX: unwelcome kiss)

56
Q

defamation

A

involving any false statement published or spoken that causes injury to another’s name, reputation, or character

57
Q

libel

A

defamation in writing

58
Q

slander

A

defamation in oral form

59
Q

qualified privilege

A

statements are made in good faith and the report was only intended for people with interest in the situation (manager statements in job evaluation report)

60
Q

actual malice

A

statements were made with knowledge of its falsity or with a reckless disregard for the truth

61
Q

right to privacy

A

“right to be left alone” (protected in the US Constitution, state constitutions, federal and state statutes)

62
Q

intrusion into an individuals affairs (invasion of privacy)

A

paparazzi photos, eavesdropping, wiretapping, “peeping”

63
Q

false light (invasion of privacy)

A

publishing info that places the person in false light (must be offensive)

64
Q

public disclosure of private facts (invasion of privacy)

A

someone publicly shares facts about a person that no one would typically know (sharing naked photos)

65
Q

appropriation of identity (invasion of privacy)

A

using a person’s name, voice, or picture to advertise something (using tiger woods name to endorse a product w/o consent)

66
Q

right of publicity tort

A

use of someones identity by way of an identifying characteristic for the benefit of the user (using a robot that looks/acts like bob barker)

67
Q

fraudulent misrepresentation

A

any misrepresentation knowingly made with the intention to deceive another person

68
Q

elements of fraudulent misrepresentation

A
  • misrepresentation of facts with knowledge that they are false
  • an intent to induce another to rely on the misrepresentation
  • justifiable reliance by the deceived party
  • damage suffered
  • a connection between the misrepresentation and the injury suffered
69
Q

puffery

A

a seller exaggerating the quality of an item is not fraud

70
Q

intentional torts against property

A

wrongful actions that interfere with individuals’ legally recognized rights with regard to their land

71
Q

intentional torts against personal property

A
  • trespass to land
  • trespass to personal property
  • conversion
  • disparagement to property
72
Q

elements of wrongful interference with a business contract

A
  • there must be an economic expectancy
  • third party must know
  • third party who knows causes one party to breach a contract
73
Q

real property

A

land/things permanently attached to the land (house, land around house, driveway)

74
Q

personal property

A

all other items that are moveable (furniture, tables)

75
Q

Trespass to land

A
  • a person enters above, below, or on the surface of someones land
  • remains on the land after asked to leave
  • fails to removes something from land which they were expected to move
76
Q

reasonable duty of care

A

the owner must safeguard others from dangers on their property

77
Q

attractive nuisance doctrine

A

owner of the land has items that may be attractive to children on their land, they are liable for injuries to children

78
Q

trespass to personal property

A
  • intentional interference w/ personal property
  • intentional damage to property
  • stealing the personal property
  • NO bad faith required, can be an accident
79
Q

Defense of stealing personal property

A

if it was warranted/justified (steal a cell phone in order to save someone)

80
Q

conversion

A

having control over personal property where the original owner doesn’t have control over it anymore (car theft, buying a stolen good even though you didn’t know it was stolen)

81
Q

slander of quality (trade libel)

A

saying a company’s products cause harm to people if used which causes economic hard to the business

82
Q

slander of title (slander of ownership)

A

saying someone doesn’t own the property that they are attempting to sell which causes economic harm to the business

83
Q

tort of negligence

A

causing someone harm even though it wasn’t intended to cause harm

84
Q

professional negligence

A

if the tort of negligence happens in a professional setting, then the standard of care is what a reasonable person in that field would do (EX: accountant not filing a clients taxes can be sued)

85
Q

factors a court might consider in dealing with duty of care

A
  • relationship of the parties
  • degree of expertise expected of the defendant
  • potential harmful material in associating the risk
86
Q

causation

A

the defendant’s wrongful act must eventually cause harm to the plaintiff

87
Q

secondary law

A

books/articles that summarize and clarify the primary sources of law

Blaw 341 (1 decks)

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