blaw Flashcards
What does law consist of?
Law consists of rules that regulate the conduct of individuals, businesses, and other organizations in society.
How does the law evolve?
Law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the US and the world.
Ex. Brown v Board
What is English Common Law?
Law developed by judges who issue their opinions when deciding cases.
What are the functions of law?
Keeping peace, shaping moral standards, promoting social justice, maintaining the status quo, facilitating orderly change, facilitating planning, providing a basis for compromise, maximizing individual freedom.
What is jurisprudence?
The science of the Law.
What establishes the Constitution as the Supreme Law of the Land?
The Supremacy clause.
What does the Constitution establish?
The Constitution establishes the federal government and enumerates its powers. Powers not given to the federal government are reserved to the states.
What is a statute?
Written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct that covered parties must adhere to.
What are treaties?
The president and 2/3 of the senate must agree to establish this with another country.
What are ordinances?
A piece of legislation enacted by a municipal authority.
What are executive orders?
Issued by President or Governors, they regulate the conduct of covered parties.
What are administrative agencies?
Established and empowered by the Legislative and executive branch of state and local government.
What are judicial decisions?
An issued opinion that states the decision of the court and the rationale used in reaching that decision.
What is the hierarchy of law?
- Constitution 2. Statutes 3. Regulations/Administrative Law.
What is stare decisis?
To stand by decision; all courts must follow precedence. State courts may consider other state precedence but do not have to follow.
What is the digital environment in law?
Existing laws are applied to technology, and new specific laws are being created.
What is critical legal thinking?
A method consisting of investigating, analyzing, evaluating, and interpreting information to solve a legal case.
What is the IRAC method?
Issue, Rule, Application, Conclusion.
What is a contingency fee basis?
An arrangement where the lawyer receives a percentage of the amount from the defendant for winning or settling the case.
What is an hourly rate in legal fees?
Client pays the attorney an hourly rate for the number of hours worked for the client.
What is litigation?
The process of bringing, maintaining, and defending a lawsuit.
What is a summons?
A notice directing someone to appear in court to answer a complaint or a charge.
What is an answer in legal terms?
Procedurally, a defendant’s response to the plaintiff’s complaint.
What are the stages of the litigation process?
Pleadings, Discovery, Pretrial Motions, Settlement Conference, Voir Dire, Trial, Appeal.
What is a complaint?
The document a plaintiff files with the court and serves on the defendant to initiate a lawsuit.
What is service of process?
The complaint and summons are served on the defendant.
What is the statute of limitations?
Statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant.
What is a default judgment?
A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.
What is a class action?
Occurs when a group of plaintiffs bring a lawsuit collectively against a defendant. Must have similarly situated allegedly aggrieved parties.
What is a deposition?
Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.
What are interrogatories?
Written questions submitted by a party to another which must be answered within a stipulated time.
What is a production of documents?
A request by one party to another party to produce all documents relevant to the case prior to the trial.
What is a physical and mental examination in legal terms?
Court-ordered examination of a party where injuries are alleged that could be verified by examination.
What is e-discovery?
Any electronically stored information that is relevant to the case is collected in this process.
What is a motion for judgment on the pleadings?
This motion alleges that if all the facts presented in the pleadings are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.
What is a motion for summary judgment?
A motion that asserts that there are no factual disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury.
What is a settlement conference/pretrial hearing?
Federal court rules and most state court rules permit the court to direct the attorneys or parties to appear before the court.
What is a settlement agreement?
An agreement that is voluntarily entered into by the parties to a dispute that settles the dispute.
What is a jury?
The trier of fact; the jury reviews the evidence allowed in and determines which side it supports.
What is a judge?
The trier of law; the judge determines which evidence is legally admissible.
What is voir dire?
Jury selection; preemptory challenges and strikes allow jurors to be removed.
What is the burden of proof?
Required by the plaintiff to persuade the trier of fact (jury) of the merits of his/her case.
What is an error of law?
Causes an appellate to reverse a lower court decision.
What is a finding of fact?
Causes an appellate court to be unable to reverse a decision.
What is arbitration?
A form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.
What is an arbitration clause?
A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration.
What is binding arbitration?
After the arbitrator reaches a decision and issues an award, the parties often agree to be bound by the arbitrator’s decision and remedy.
What are enumerated powers?
Delegated powers, given by the constitution, to the federal government.
What is federalism?
The federal government and 50 state governments share powers.
What does Article 1, section 8 list?
Lists specific powers of Congress, including the power to establish and maintain an army and navy, to regulate commerce between the states, to declare war, and to raise money.
What is the necessary and proper clause?
Constitutional clause that gives Congress the power to make all laws ‘necessary and proper’ for executing its powers.
What is the separation of powers?
Legislative makes laws, Executive enforces laws, Judicial interprets laws.
What is the preemption doctrine?
Federal law takes precedence over state and local law.
What does the commerce clause allow?
Allows Congress to regulate interstate commerce, foreign commerce, and commerce with Native Americans.
What is the effects on interstate commerce test?
Anything that has an effect on interstate commerce can be regulated by Congress.
What is Wickard v. Filburn?
U.S. Supreme Court decision that upheld a federal government statute as constitutionally regulating interstate commerce.
What is the Bill of Rights?
First 10 amendments that were ratified by the states and applied to the constitution. These rights only pertain to government action.
What is the incorporation doctrine?
Held that most of the fundamental guarantees contained in the Bill of Rights are applicable to state and local government action.
What is fully protected speech?
Speech that cannot be prohibited or regulated by the government.
Ex. Political speech, Symbolically Burning U.S Flag
What is limited protected speech?
Cannot be forbidden but is subject to time, place, and manner restrictions.
Ex. Protesting at a public University.
What is unprotected speech?
Libel, obscenity, and fighting words, which are not entitled to constitutional protection in all circumstances.
What is the establishment clause?
Prohibits the government from establishing or promoting a religion.
What is the free exercise clause?
Prohibits government interference with the exercise of religion in the U.S.
What is strict scrutiny?
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.
What is the intermediate scrutiny test?
The middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law.
What is the rational basis test?
A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest.
What is substantive due process?
Requires government statutes, ordinances, regulations, or other laws to be clear on their face and not overly broad in scope and can be void for vagueness.
What is procedural due process?
Proper notice of legal action before depriving someone of their liberty or property.
What is the takings clause/just compensation clause?
Allows government to take private property to use it for public use and must compensate.
What is the privileges and immunities clause?
Prohibits states from enacting laws that unduly discriminate in favor of their residents.
What is the prosecutor’s burden?
Has the burden of proving a crime beyond a reasonable doubt.
What does the double jeopardy clause prevent?
Prevents a sovereign from being tried twice for the same criminal act.
What is environmental responsibility?
The obligations of an individual, group, or general population for the physical conditions, circumstances, and related resources influencing the health and comfort of current and future generations.
What is ethical responsibility?
A company’s social responsibility not to violate accepted principles of right and wrong when conducting its business.
What is philanthropic responsibility?
Be a good global corporate citizen, volunteer/charity donations.
What is economic responsibility?
End goal isn’t just to maximize profits but to make sure business operations positively impact the environment, people, and society.
What is a profession-specific ethical code?
Certain professions have a specific code of ethics.
Ex. CPAs must pass an ethics exam and adhere to their code.
What are white collar crimes?
Forgery, Embezzlement, Bribery, Extortion, Fraud, Laundering.
What does RICO stand for?
Racketeering Influenced and Corrupt Organizations.
What is criminal conspiracy?
Two or more persons enter into an agreement to commit a crime, an overt act is taken to further the crime.
What are regulatory crimes?
Violations of regulatory statutes.
