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BLAW > BLAW 1st exam > Flashcards

BLAW 1st exam Flashcards

0
Q

how does the law serve society

A

keeps the peace
rules for compliance
property

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1
Q

Law

A

regulates conduct of people, business within society

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2
Q

property law

A

right to exclude others

tangible and intangible

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3
Q

sources of american law

A 
US and state Constitutions
treaties
federal and state Statutes
local ordinances
common law
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4
Q

constitution

A

Federal
rules America was founded on
bill of rights

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5
Q

treaties

A

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

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6
Q

federal statutes

A

federal
interpreting federal laws
working laws

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7
Q

state constitutions

A

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

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8
Q

local ordinances

A

state
noise control
obey what the police tell you

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9
Q

common law

A

basic guidance on how to act

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10
Q

American civil liberties union lawsuit

A

lawsuit against federal govt for wire tapping

no probable cause

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11
Q

injunctive relief

A

court orders a party to do or not do anything

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12
Q

declaratory relief

A

constitution decides whos right

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13
Q

prayer for relief

A

lays out what plaintiffs want to happen

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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

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15
Q

local ordinances

A

bread and butter laws

how to handle fraternities

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16
Q

administrative regulations

A

govt agencies such as OSHA or penn dot

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17
Q

standing to sue

A

law violates my rights

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18
Q

case law

A

made up from past cases

judges create this law

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19
Q

rule of law (case laws)

A

judges interpretation through other laws

law will apply to similar cases

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20
Q

Stare Decisis

A

to stand by things decided

future decisions will be made on past rulings

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21
Q

stare decisis is import because it

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

A

precedent
efficiency
stability and predictability
fairness

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22
Q

civil law

A

enforces duties and obligations between people

does not govern criminal acts

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23
Q

civil law examples

A

how you interact and treat people
husband wife
teacher student

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24
Q

can someone violate civil and criminal law?

A

yes

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25
Q

civil law vs criminal law

A

car accident vs armed robbery

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26
Q

criminal law

A

keeping the peace
preventing wrong doing that affects the public
govt is usually plaintiff in criminal law

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27
Q

courts ranked high to low

A

US supreme court
state supreme court
state appeals court
state trials court

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28
Q

How does legislative check and balance executive?

A

Congress controls budget

Can pass laws over obamas veto and impeach him

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29
Q

How can executive check and balance judicial

A

President nominate judges

Courts can rule presidents actions unconstitutional

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30
Q

state trial courts consist of what divisions

A 
civil
probate
domestic
juvenile
small claims
municipal
justice of the peace
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31
Q

How can judicial check legislative

A

Court can declare law unconstitutional

Congress can impeach judges

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32
Q

appealing

A

case was handled improperly and needs to be corrected

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33
Q

two types of state and federal court systems

A

trial courts

appellate courts

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34
Q

trial courts

A

evidence and witnesses

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35
Q

appeal courts

A

decision of trial court is reviewed for mistakes of laws or facts

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36
Q

evidence

A

testimonial or documents

eyewitness or records

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37
Q

3 branches of federal govt

A

legislative
executive
judicial - US supreme court

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38
Q

2 major functions of the US constitution

A

created 3 branches of federal govt

protects people rights against powerful govt

39
Q

supremacy clause

A

constitution treaties federal laws and regulations are SUPREME law of the land

40
Q

federalism

A

the power is shared between the federal govt the 50 state govts

41
Q

heart of atlanta motel vs US

A

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
Q

enumerated powers

A

state gave certain powers to the federal govt
international affairs
printing money

43
Q

shared powers by state and gvt

A

taxes
banks
punish criminals
borrow money

44
Q

which four fundamental rights impact business interests?

A 
freedom of:
speech
religion
from unreasonable search and seizure
from self incrimination
45
Q

bill of rights

A

protects peoples and business interests

46
Q

which four fundamental rights impact business interests?

A 
freedom of
speech
religion
from unreasonable search and seizure
from self incrimination
47
Q

freedom of speech

A

right to engage in oral, written and symbolic speech

48
Q

3 categories of freedom of speech

A

full protection
limited
unprotected speech

49
Q

full protection

A

cant be prosecuted

50
Q

limited

A

depends on the time place and manner

51
Q

unprotected

A

no protection

threats to the president

52
Q

limited protection offensive speech

A

offends members of society

cant let Christianity be mocked bc the govt would be endorsing it

53
Q

limited protection commercial speech

A

businesses

bad frog brewery

54
Q

unprotected speech

A 
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
Q

3 requirements a plaintiff must have to file a lawsuit

A

jurisdiction
venue
standing to sue

56
Q

jurisdiction

A

authority of the court to hear and decide

57
Q

2 types of jurisdiction

A

subject matter jurisdiction

personal jurisdiction

58
Q

personal jurisdiction

A

power of the court to get parties to come to court

serve a summons to defendant

59
Q

venue depends on…

A

where the dispute occurred

where the parties live

60
Q

standing to sue, to bring a lawsuit you need

A

big stake in outcome of lawsuit

specific controversy, right being violated

61
Q

ADR

A

alternate dispute resolution

compromise without litigation

62
Q

3 terms of ADR

A

negotiation
mediation
arbitration

63
Q

negotiation

A

mini trial
neutral case evaluation
conciliation

64
Q

mediation

A

try to negotiate with a 3rd party assistance

not legally binding

65
Q

Arbitration

A

parties choose a 3rd party to hear and decide for them

usually legally binding

66
Q

tort

A

a civil wrong or harm caused by a wrongdoer

67
Q

civil wrong

A

an injury that is punishable by paying for damages

68
Q

legal duty

A

you must do something for what you have done

69
Q

compensatory damages

A

reimburse the injured
special - certain number
general - emotional/loss of intangible

70
Q

punitive

A

punish the wrongdoer

71
Q

3 types of torts

A

intentional tort
unintentional tort/negligence
strict liability

72
Q

intentional tort

A 
wrongdoer intended that act that cause injury
assault 
battery
defamation
interference
73
Q

assault

A

immediate threat of harm or unwanted contact

74
Q

intent

A

you know there are consequences
1 intend to engage
2 activity
3 caused harm or injury

75
Q

assault

A

immediate threat of harm or unwanted contact

76
Q

battery

A

physical contact with another person
unauthorized or harmful
can be any form of touching you as long as someone forced it

77
Q

false imprisonment

A

confinement or restraint of a person without authorization or jurisdiciton

78
Q

shoyoye vs los angeles

A

papers got mixed up
innocent guy ended up 16 more days in prison until someone looked into it
sued and won

79
Q

defamation

A

slandering someones good reputation

80
Q

slander

A

false oral factual statements

81
Q

libel

A

false written factual statements

82
Q

orlando vs cole

A

orlando the attorney got a confession, later the confessee said they were wrong and sued, orlando won

83
Q

damages by slander

A

plaintiff has to prove actual economic loss

84
Q

best defense against defamation

A

truth

85
Q

appropriation

A

using someones name/identity without permission

86
Q

fraudulent misrepresentation

A

deceiving someone out of money - scam
false material facts
ebay bullshit

87
Q

negligent misrepresentation

A

lying about something that involves a contract

88
Q

mcCkain vs octagon plaza

A

lease contract based off square footage
space was wrong she was being overcharged
sued lost, appealed and won

89
Q

wrongful interference with a contractual relationship

A

3rd party makes someone breach a standing contract

90
Q

contract interference ford models

A

ford sued model mgmt bc they stole two models that were under contract

91
Q

intentional torts against property

A

real - land

personal property - everything else tangible and intangible

92
Q

intentional torts against personal property

A

interferes with property owners rights

mechanic rule

93
Q

conversion

A

enjoyment of property could be destroyed

trespass -»»» conversion

94
Q

disparagement of propery

A

causes economic damages

slander of title

95
Q

malice

A

intention or desire to do evil

BLAW (3 decks)

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