Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

BLAW > BLAW 1st exam > Flashcards

BLAW 1st exam Flashcards

(96 cards)

Start Studying
0
Q

how does the law serve society

A

keeps the peace
rules for compliance
property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Law

A

regulates conduct of people, business within society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

property law

A

right to exclude others

tangible and intangible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

sources of american law

A 
US and state Constitutions
treaties
federal and state Statutes
local ordinances
common law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

constitution

A

Federal
rules America was founded on
bill of rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

treaties

A

can only be made by federal govt
law of the land
between countries

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

federal statutes

A

federal
interpreting federal laws
working laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

state constitutions

A

state
example legalize pot
cannot conflict federal constitution
can grant rights but cant take rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

local ordinances

A

state
noise control
obey what the police tell you

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

common law

A

basic guidance on how to act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

American civil liberties union lawsuit

A

lawsuit against federal govt for wire tapping

no probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

injunctive relief

A

court orders a party to do or not do anything

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

declaratory relief

A

constitution decides whos right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

prayer for relief

A

lays out what plaintiffs want to happen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

federal statutes examples

A

gay marriage laws
gay couple got married in canada
moved to NY and one passed away
the other had to pay estate tax because their marriage wasnt legit in the US

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

local ordinances

A

bread and butter laws

how to handle fraternities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

administrative regulations

A

govt agencies such as OSHA or penn dot

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

standing to sue

A

law violates my rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

case law

A

made up from past cases

judges create this law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

rule of law (case laws)

A

judges interpretation through other laws

law will apply to similar cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Stare Decisis

A

to stand by things decided

future decisions will be made on past rulings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

stare decisis is import because it

establishes. ..
promotes. ..
maintains. ..and…
promotes. ..

A

precedent
efficiency
stability and predictability
fairness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

civil law

A

enforces duties and obligations between people

does not govern criminal acts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

civil law examples

A

how you interact and treat people
husband wife
teacher student

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
can someone violate civil and criminal law?
yes
25
civil law vs criminal law
car accident vs armed robbery
26
criminal law
keeping the peace preventing wrong doing that affects the public govt is usually plaintiff in criminal law
27
courts ranked high to low
US supreme court state supreme court state appeals court state trials court
28
How does legislative check and balance executive?
Congress controls budget | Can pass laws over obamas veto and impeach him
29
How can executive check and balance judicial
President nominate judges | Courts can rule presidents actions unconstitutional
30
state trial courts consist of what divisions
``` civil probate domestic juvenile small claims municipal justice of the peace ```
31
How can judicial check legislative
Court can declare law unconstitutional | Congress can impeach judges
32
appealing
case was handled improperly and needs to be corrected
33
two types of state and federal court systems
trial courts | appellate courts
34
trial courts
evidence and witnesses
35
appeal courts
decision of trial court is reviewed for mistakes of laws or facts
36
evidence
testimonial or documents | eyewitness or records
37
3 branches of federal govt
legislative executive judicial - US supreme court
38
2 major functions of the US constitution
created 3 branches of federal govt | protects people rights against powerful govt
39
supremacy clause
constitution treaties federal laws and regulations are SUPREME law of the land
40
federalism
the power is shared between the federal govt the 50 state govts
41
heart of atlanta motel vs US
did not let blacks stay in the hotel he advertised nationally and guests were from out of town supreme court did not rule in his favor
42
enumerated powers
state gave certain powers to the federal govt international affairs printing money
43
shared powers by state and gvt
taxes banks punish criminals borrow money
44
which four fundamental rights impact business interests?
``` freedom of: speech religion from unreasonable search and seizure from self incrimination ```
45
bill of rights
protects peoples and business interests
46
which four fundamental rights impact business interests?
``` freedom of speech religion from unreasonable search and seizure from self incrimination ```
47
freedom of speech
right to engage in oral, written and symbolic speech
48
3 categories of freedom of speech
full protection limited unprotected speech
49
full protection
cant be prosecuted
50
limited
depends on the time place and manner
51
unprotected
no protection | threats to the president
52
limited protection offensive speech
offends members of society | cant let Christianity be mocked bc the govt would be endorsing it
53
limited protection commercial speech
businesses | bad frog brewery
54
unprotected speech
``` speech forbidden by the govt dangerous speech fighting words speech indicating throwing over the govt defamatory speech-lying or slander child porn obscene - normal people would find really offensive ```
55
3 requirements a plaintiff must have to file a lawsuit
jurisdiction venue standing to sue
56
jurisdiction
authority of the court to hear and decide
57
2 types of jurisdiction
subject matter jurisdiction | personal jurisdiction
58
personal jurisdiction
power of the court to get parties to come to court | serve a summons to defendant
59
venue depends on...
where the dispute occurred | where the parties live
60
standing to sue, to bring a lawsuit you need
big stake in outcome of lawsuit | specific controversy, right being violated
61
ADR
alternate dispute resolution | compromise without litigation
62
3 terms of ADR
negotiation mediation arbitration
63
negotiation
mini trial neutral case evaluation conciliation
64
mediation
try to negotiate with a 3rd party assistance | not legally binding
65
Arbitration
parties choose a 3rd party to hear and decide for them | usually legally binding
66
tort
a civil wrong or harm caused by a wrongdoer
67
civil wrong
an injury that is punishable by paying for damages
68
legal duty
you must do something for what you have done
69
compensatory damages
reimburse the injured special - certain number general - emotional/loss of intangible
70
punitive
punish the wrongdoer
71
3 types of torts
intentional tort unintentional tort/negligence strict liability
72
intentional tort
``` wrongdoer intended that act that cause injury assault battery defamation interference ```
73
assault
immediate threat of harm or unwanted contact
74
intent
you know there are consequences 1 intend to engage 2 activity 3 caused harm or injury
75
assault
immediate threat of harm or unwanted contact
76
battery
physical contact with another person unauthorized or harmful can be any form of touching you as long as someone forced it
77
false imprisonment
confinement or restraint of a person without authorization or jurisdiciton
78
shoyoye vs los angeles
papers got mixed up innocent guy ended up 16 more days in prison until someone looked into it sued and won
79
defamation
slandering someones good reputation
80
slander
false oral factual statements
81
libel
false written factual statements
82
orlando vs cole
orlando the attorney got a confession, later the confessee said they were wrong and sued, orlando won
83
damages by slander
plaintiff has to prove actual economic loss
84
best defense against defamation
truth
85
appropriation
using someones name/identity without permission
86
fraudulent misrepresentation
deceiving someone out of money - scam false material facts ebay bullshit
87
negligent misrepresentation
lying about something that involves a contract
88
mcCkain vs octagon plaza
lease contract based off square footage space was wrong she was being overcharged sued lost, appealed and won
89
wrongful interference with a contractual relationship
3rd party makes someone breach a standing contract
90
contract interference ford models
ford sued model mgmt bc they stole two models that were under contract
91
intentional torts against property
real - land | personal property - everything else tangible and intangible
92
intentional torts against personal property
interferes with property owners rights | mechanic rule
93
conversion
enjoyment of property could be destroyed | trespass ->>>>>> conversion
94
disparagement of propery
causes economic damages | slander of title
95
malice
intention or desire to do evil

BLAW (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions