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The Best Review On The Planet > B LAW FINAL EXAM REVIEW > Flashcards

B LAW FINAL EXAM REVIEW Flashcards

1
Q

Administrative law

A

-Consists of rules and procedures established by regulatory agencies
-These rules are called regulations
-Legislatures give power to regulate a particular kind of activity to an administrative agency

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2
Q

Common law

A

-Law created by judges
-Making decisions based on customs/traditions and sharing them with each other
-They tried to share the same law in common with everyone in the country

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3
Q

Constitution

A

-The most fundamental/supreme law in the US
-Establishes the national government, creates a system of checks and balances, and guarantees rights to citizens

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4
Q

Judicial review

A

-One of the 3 ways in which courts make laws
-When a judge or jury reviews a case
-Stare decisis

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5
Q

Justice is Blind

A

Regardless of age, race, religion, etc. everyone is treated fairly and equally
-Impartial and objective

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6
Q

Laws

A

-Define the legal rights and duties of the people and provides the means of enforcing these duties

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7
Q

Regulatory agenices

A

-An agency that establishes rules and procedures called regulations
-Formed because the government lacks time and expertise
Ex: FDIC, CIA, FBI…

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8
Q

Stare Decusus

A

-“Let the decision stand”
-Means a judge is required to follow a previous court decision when deciding a case with similar circumstances
-Based on precedence

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9
Q

Unconstitutional

A

-Can also mean invalid
-States that federal and state statutes cannot conflict with the US Constitution

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10
Q

Appeal

A

-When cases are reviewed by a higher authority

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11
Q

Burden of Proof

A

-Met when the party with the burden convinces the fact finder that there is a greater than 50% chance that their claim is true

-Prosecution has burden of proof in a criminal case
-Prove beyond reasonable doubt

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12
Q

Closing Argument

A

-Made by the lawyers at the end of trial
-The evidence is discussed as well as what they have proven
-Highlight key points and try to point the jury’s attention to flaws in the opposing sides argument
-Each side gets a final chance to make an impression

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13
Q

Despositions

A

-A sworn testimony out of court

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14
Q

Grand Jury

A

-A grand jury is a jury that is given evidence to decide whether there is probably cause to put someone on trial

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15
Q

Jurisdiction

A

-The legal ability to hear a case
-The power/right to make a decision and to interpret/declare law

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16
Q

Appellate

A

-The ability for the court to hear the case on appeal

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17
Q

General Jurisdiction

A

-A courts ability to hear any type of case

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18
Q

Limited Jurisdiction

A

-Federal courts have limited jurisdiction
-Means they can only hear cases by the US constitution or federal statutes

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19
Q

Original jurisdiction

A

-District courts have original jurisdiction
-Means they have the authority to preside over cases first
-Criminal or civil

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20
Q

Juvenile Delinquent

A

-A person under the age of 18 that commits a criminal offense or act
-Juvenile delinquency is a violation of the law by a person under 18 that would have been a crime if committed by an adult

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21
Q

Juvenile Offender

A

-Aged 13-15 and charged with a serious crime or violent felony
-If convicted they are subject to less severe sentences than adults
-They will have a permanent criminal record

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22
Q

Opening statements

A

-Allows both parties attorneys to tell their view of the events
-Does not involve evidence or witnesses
-The plaintiff attorney makes their statements first

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23
Q

Petit Jury

A

-Present at a generally public trial to decide whether to convict someone of a crime
-They determine the guilt or innocence

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24
Q

Plain View Exception

A

-Allows an officer to seize evidence of a crime without a warrant if it is in plain sight

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25
Q

Restitution

A

-Compensation for an injury or loss

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26
Q

Summons

A

-A form given by the plaintiff and issued by a court that tells the defendant that they are being sued and are required to attend in court

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27
Q

US Supreme Court

A

-Always takes cases that affect the people, not the individual, so they can clarify legal rights for everyone

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28
Q

The rule if 4

A

-States that if the supreme court thinks the case has value and 4/9 judges agree they will issue a writ of certiorari

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29
Q

Writ of Certiorari

A

-When a higher court asks a lower court to pass their case on

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30
Q

Verdict

A

-The findla decision made by a jury
-It will either be in favor of the defendant or the plaintiff

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31
Q

Voir Dire

A

-Purpose is to exclude people from the jury who may not be able to decide the case fairly

-They might exclude people who may have information about the case, who knows someone involved, or has a strong prejudice about an aspect of the case

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32
Q

Youthful Offender

A

-A status for people age 14-18
-Determined at sentencing
-If granted there will be no permanent record for the offender

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33
Q

Required State of Mind

A

-Intent
-The definition of a crime can be changed based on the criminals state of mind
-1/2 elements of a crime

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34
Q

Aggravated Assault

A

-Committed with a deadly weapon or with the intent to commit murder, rape, or robbery

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35
Q

Crime

A

-An act against the public good

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36
Q

Defendant

A

-The person accused of a crime

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37
Q

Embezzlement

A

-Wrongful taking of another’s property by a person who has been entrusted with it
-Usually an employee who steals funds
-Take a very small amount over a long period

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38
Q

Entrapment

A

-If a law enforcement officer induces a law-abiding citizen to commit a crime, the person can use entrapment as a defence
-Coercion is used

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39
Q

Felony

A

-A major crime punishable by imprisonment in a penitentiary or death

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40
Q

Justifiable Homicide

A

-Includes killing in the line of duty or self defense

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41
Q

Manslaughter

A

-Unlawful killing of another without malice aforethought

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42
Q

Voluntary

A

-When one person intends to kill another but does so suddenly and as a result of great personal stress

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43
Q

Involuntary

A

-When a person kills another while committing an unlawful or reckless act
-It is unintentional

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44
Q

Misdemeanor

A

-Less serious crimes that are punishable by a fine or jail sentence that is less than a year

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45
Q

Motive

A

-The reason behind someone committing a crime
-It plays no part in proving criminal liability, but it may help to establish guilt

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46
Q

Murder

A

-Unlawful killing of another human being with malice aforethought
-They have a conscious intent/plan to cause harm

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47
Q

1st degree murder

A

-Killing of important personnel such as a police officer, medical personnel, a witness, in a cruel way, etc.

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48
Q

2nd degree murder

A

-When none of the conditions in 1st degree murder apply

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49
Q

Phishing

A

-The attempt to acquire a financial data, passwords, or other personal information from consumers by sending email messages that claim to be from legitimate business

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50
Q

Plaintiff

A

-In a civil case, it is the person that brings a case against someone else

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51
Q

Self- Defense

A

-When people have good reason to believe they are in danger of serious injury or death, they can use force to protect themselves

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52
Q

White-collar crimes

A

-Non-violent illegal acts committed by deceit/concealment
-Attempts to obtain money or another business advantage
-Involve fraud and larceny

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53
Q

Foreign Enforcement

A

-A judgement rendered outside a country can be collected inside, just as an internal judgement can be

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54
Q

Foreign Recognition

A

-A decision by a court outside a country is legally valid inside

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55
Q

Jus Cogens

A

-“Compelling Law”
-Norms that have attained the highest legal status in international law
-A fundamental legal principle that cannot be changed by custom or pratice

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56
Q

Regional Alliances

A

-A collection of sovereign nations that band together

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57
Q

Shari’a

A

-Religious legal system
-Business relationships promote honesty and transparency
-“Islamic Law”

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58
Q

USMCA

A

-The United States Mexico Canada agreement
-Digital Trade is regulated, environmental regulations are easier to enforce, workers rights are protected, rules on intellectual property is strengthened

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59
Q

The World Court

A

-The ICJ settles international legal disputes and gives advisory opinions to the UN and its agencies
-Only has jurisdiction that have agreed to be bound by its decisions

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60
Q

Assumption of Risk

A

-If a defendant can show the plaintiff knew of the risk involved and still took the chance of being injured

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61
Q

Breach of Duty

A

-The failure to use the degree of care that a reasonable person would exercise in the same situation
-Reasonable person must be used when instruction the jurors
-Negligence

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62
Q

Compensatory Awards

A
  • An amount of money that the court believes will restore the plaintiff to the position they were in before the defendant caused injury
    -Medical expenses, lost wages, pain and suffering
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63
Q

Defamation

A

-Anything published or publically spoken that causes injury to others good name, reputation, or character
-Statements must be false

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64
Q

Slander

A

-False statement made orally to a 3rd party

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65
Q

Libel

A

-False statement in printed/writing form

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66
Q

Duty of Care

A

-All of us have a duty not to violate certain rights of others
-The plaintiff must demonstrate that the defendant owed them duty of care

67
Q

Negligence

A

-An accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would in those same circumstances

68
Q

Contributory negligence

A

-Behavior of the plaintiff that causes their injuries
-Plaintiff will receive nothing and they lose the case

69
Q

Comparative negligence

A

-The negligence of each party is compared under this doctrine and the amount of the plaintiffs recovery is reduced by the percent of negligence

70
Q

Nuisance

A

-Anything that interferes with the enjoyment of life or property

71
Q

Public nusiance

A

-When the nuisance affects multiple people

Ex. Loud noises, noxious fumes

72
Q

Private nusiance

A

-Affects one person

Ex. A tree hanging over a fence

73
Q

Attractive nuisance

A

-A landowner may be held liable for injuries to trespassing children if the injury is caused by an object likely to attract children

Ex. Pools, wells

74
Q

Proximate cause

A

-The legal connection between unreasonable conduct and the resulting harm
-Without this, the result would not have occured
-Foreseeability test: Could you foresee the incident

75
Q

Punitive Awards

A

-When awarding, a court must consider 3 guidepost
-The reprehensibility of the defendants conduct
-The ratio between the harm suffered and the award
-The difference between punitive and civil penalties used in similar cases

76
Q

Strict Liability

A
  • Some activities are so dangerous that the law will not apply the principles of negligence of the rules of intentional torts

-If these activities injure someone or damage property, the people engaged in these activities will be held liable regardless of intent

77
Q

Tort and tortfeasor

A

-Tort: A private wrong committed by one person to another

Tortfeasor: The person who committed the tort

78
Q

6 elements of a contract

A
  1. Offer
  2. Acceptance
  3. Genuine Agreement
  4. Capacity
  5. Consideration
  6. Legality
79
Q

Offer

A
  • A proposal by one party to another intended to create a legally binding agreement
80
Q

Acceptance

A
  • The 2nd parties willingness to go along with the 1st parties proposal
81
Q

Genuine Agreement

A
  • A valid offer met with valid acceptance
82
Q

Capacity

A
  • The legal ability to enter into a contract
83
Q

Consideration

A

-The exchange of things of value

84
Q

Legality

A
  • People can only enter into contracts for legal purposes
85
Q

Mirror Image Rule

A

-The terms of the offer must not be changed in any way

86
Q

Bilateral

A

-Both parties make a promise; the contract contains 2 promises

87
Q

Counteroffer

A

-Any change in the terms of the offer means the offeree has made a counter offer
-A new offer is created and the first one ends

88
Q

E-sign act

A

-States that an electronic signature s as valid as one on paper

Exceptions: Court papers, evictions, etc.

89
Q

Express

A

-A contract stated in words, either oral or written
-All terms are explicitly stated

90
Q

Implied

A

-Formed from the actions of the parties, either in whole or in part

Ex: A hairdresser and client

91
Q

Invitations to negotiate

A

-Ads in newspapers, magazines, and catalogs
-Invitations to make an offer, they are not offers

92
Q

Mailbox Rule

A

-An acceptance that must be sent over long distance is affective when sent

93
Q

Rejecting

A

-A refusal of an offer
-The offeree brings the offer to an end

94
Q

Revocation

A

-The taking back of an offer by the offeror

95
Q

Unenforceable

A

-One the court will not uphold; some rule of law prevents enforcing it
-Example: has to be in writing

96
Q

Unilateral

A

-Contains a promise by only one person to do something
-The other party can accept only be doing what is stated

97
Q

Valid

A

-Legally binding, satisfies, he laws requirements

98
Q

Void

A

-Has no legal effect, usually because the purpose is illegal or because one of the parties lacks legal authority

99
Q

Voidable

A

-When the law permits one party to terminate because of some defect, such as a minor
-Ex. Person w/ guardian

100
Q

Bilateral Mistake

A

-When both parties to a contract are mistaken about some important fact
-Either parties may avoid a bilateral mistake contract

101
Q

Concealment

A

-When individuals make false representation by choosing not to reveal important information
-This can be known as passive fraud

102
Q

Disaffirmance

A

The legal avoidance or setting aside of a contractual obligation
-Minors can disaffirm

103
Q

Emancipated

A

-Minors who are no longer under control of their parents are emancipated
-This means they are responsible for their contracts and are no longer protected by their parents

104
Q

Emotional distress

A

-When the threat of physical force is used to force a person to enter a contract
-In this case the contract is voidable

105
Q

Fraud

A

-A deliberate deception intended to secure an unlawful gain

Elements: False representation of fact, knowledge of falsity, intent to deceive, reasonable reliance, loss suffered

106
Q

Guardian

A

-If a court has previously determined that a person is mentally incompetent and has appointed them a guardian to represent them, any contract made by that person is void

-Contracts made by a court appointed guardian are valid

107
Q

Material fact

A

-One that is important and matters to one of the parties

108
Q

Undue influence

A

-When a person uses unfair and improper persuasive pressure to force someone into an agreement
-Ill health and old age may weaken someones position
-Key factor: They are not exercising their own free will

109
Q

Unilateral mistake

A

-An error on the part of one of the parties in a contract
A person cannot avoid a contract because of this

Ex: Mistake as to the Nature of Agreement, Mistake as to the Identity of the party

110
Q

Accord and Satisfaction

A

-A dispute can be settled by this
-If the creditor accepts a payment that id less than what is due as full payment

Accord: The acceptance by the creditor of less than what was been billed to the debt

-Satisfaction- The agreed-to settlement as contained in the accord

111
Q

Bargain- For- Exchange

A

-A promise in return for a promise
-A promise in return for an act
-A promise in return for a promise not to act

112
Q

Benefit

A

-Something that a party was not previously entitled to recieve

113
Q

Detriment

A

-Any loss suffered during the act of considered

114
Q

Gratuitous agreement

A

-An agreement in which there is no consideration
-They are also known as free agreements
-The law refuses to enforce these

115
Q

Past Consideration

A

-The act of giving or exchanging benefits and detriments must occur when a contract is made
-Consideration that took place in the past or is given for something that has already been done is not legal or enforceable

116
Q

Pre-existing duty

A

-If a person is already under a legal obligation to do something, a promise to do that same thing is not consideration

117
Q

Promissory Estoppel

A

-A doctrine used to prevent injustice when a person changes their position significantly in reliance to another persons promise and that promise is not fulfilled
-No consideration is needed

118
Q

Release

A

-When a person accepts an offer and agrees not to sue, he or she is asked to sign an agreement called a release

119
Q

Unconscionable

A

-A court may deema contract unconscionable, or unfair when consideration is out of line

120
Q

Competitive Bidding

A

-Laws require governments to construct public works through this process
-Rivals submit bids for a project and the firm with the lowest qualified bid wins

121
Q

Goodwill

A

-The market value of the good reputation of a business
-THe goodwill is bought by a buyer of a business and it prevents them from opening a competing business for a period

122
Q

In Pari Delicto

A

-Parties are said to be in Pari Delicto (in equal fault) if they both know the agreement in illegal
-The court will aid neither party

123
Q

Obstruction of justice

A

-Any contract that interferes with the administration of justice is illegal

Ex: Protecting someone from arrest, bribing a juror

124
Q

Price Fixing

A

-Occurs when competitors agree on certain price ranges in which they set prices
-Raises prices and discourages competition

125
Q

Professional License

A

-A legal document stating that the holder has permission from the proper authorities to carry on a trade/profession
-Designed to protect that public from dealing with unqualified person

126
Q

Public Policy

A

-A legal doctrine that consists of a collection of mandates, reguations, or laws established through certain political processes
-No one should get away with harming the public

127
Q

Restraint of Trade

A

-A limitation on the full exercise of doing business with others

128
Q

Restrive Covenant

A

-When a business owner sells a business sometimes it will include a provision called restrictive covenant
-Promise not to compete

129
Q

Usury

A

-Charging more interest than the maximum legal interest rate

130
Q

Vendor’s License

A

-Some states require licenses simply to raise revenue
-Agreements made with this type of person would be valid
Ex. Vendors/ Hunters

131
Q

Adulterated

A

-If a product contains any substance that will reduce its quality or strength below minimum standards

132
Q

Bait- and- Switch

A
  • Advertising a very low price for a particular item that will likely be unavailable to the consumer and then encouraging them to buy a more expensive item
133
Q

BBB

A

-Better Business Bureau
-A non governmental agency that hears complaints from consumers and tries to steer consumers to reliable businesses

-MISSION: to promote highly ethical relationships between businesses and the public

134
Q

Caveat Emptor

A

“Let the buyer beware”

-SHoppers had few ways to seek compensations for damages years ago

135
Q

Caveat Venditor

A

-“Let the seller beware”
-Today society demands manufacturers to be held responsible for foreseeable injuries to their consumers

136
Q

Cease and Desist Orders

A

-FTC has the power to issue them
-Legally binding orders to stop a practice that would mislead the public

137
Q

Consumer Product Safety Act

A

-Protects consumers from unreasonable risk of injury while using consumer products sold in interstate commerce

Ex. manufacturing defects, poor design

138
Q

Cooling Off Rule

A

-Allows buyers to cancel door-to-door sales contracts within 3 days
-Applies to purchases $25 or more
-Applies to sales made at homes, offices, dorms, etc.

139
Q

Fraudulent Misrepresentation

A

-Any statement that deceives the buyer
-Occurs when a seller misstates the facts about something important to the consumer

140
Q

FTC

A

-Federal Trade Commission
-Promotes free and fair trade competition and regulates false advertising

141
Q

Injurous

A

-If it contains any substance that may make it harmful to health

142
Q

Misbranded

A

-If its labeling/packaging is false or misleading

143
Q

Negative Option Rule

A

-Any type of sales term or condition that allows a seller to interpret the customers silence as acceptance of an offer

144
Q

Product Liability

A

-Manufacturers/sellers responsible if a product proves to be unsafe and someone is injured

145
Q

Strict Liability

A

-Makes manufacturers/ responsible for selling unreasonably dangerous goods
-Do not have to prove negligence

146
Q

Unfair and Deceptive

A

-Any acts that may mislead consumers
-Deceptive false advertising occurs if a reasonable consumer would be mislead by the claim
-Vague generalities

147
Q

Assignment

A

-Occurs when you transfer the remaining period of time in a lease to someone else

148
Q

Sublesae

A

-When you transfer part of the term of a lease but not the remainder
-Original tenant is still responsible for rent

149
Q

Bailment

A

-The transfer of possessions and control of personal property of one person (bailor) to another (bailee) with the intent that the property will be returned later

150
Q

Constructive Eviction

A

-When a landlord breaches a duty under the lease you many consider the lease terminated and stop paying rent
-You may also leave the premises

151
Q

Covenants

A

-Terms in a lease that set forth the rights and duties of a landlord or tenant

152
Q

Eviction

A

-When a landlord deprives a tenant of the physical possession of the premises
-You can be evicted for not paying rent, damages to the premises, etc.

153
Q

Holdover tenant

A

-A wrongdoer who no longer has any legal interest in the property
-You still have to pay rent

154
Q

Implied Warranty of Habitability

A

-Real property offered for dwelling must be fit for human habitation
-Must be clean, properly heated, furnished with utilities, and safe

155
Q

Lease

A

-The contract between tenant and landlord

156
Q

Mislaid property

A

-Property that the owner has voluntarily parted with and has forgotten
-The owner of the establishment is now the caregiver

157
Q

Periodic Tenancy

A

-Created by a lease for an indefinite period of time with payment of rent at fixed intervals
-Continues for successive periods unless a party terminates with advance notice

158
Q

Quiet enjoyment

A

-Your right to undisturbed possession of the property

159
Q

Security Deposit

A

Landlords often require you to pay a security deposit at the beginning of tenancy
-To secure payment of rent/repairs for damages to the property

160
Q

Tenancy at Will

A

-An interest in real property that continues for an indefinite period of time
-No written agreement required
-Either party can terminate without notice

161
Q

Tenancy for Years

A

-Fixed term- the right to occupy the property for a definite period of time
-At the end of period the lease ends and property returns to the lessor

162
Q

Tortious bailee

A

-A person who wrongfully keeps stolen/lost property

163
Q

Waste

A

-Substantial damage to the premises that significantly decreases property value

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