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Fall 24 > Blaw Exam 1 > Flashcards

Blaw Exam 1 Flashcards

1
Q

Plaintiff

A

files suit

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2
Q

Defendant

A

is sued

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3
Q

Disparate Treatment

A

intentional discrimination

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4
Q

Disparate Impact

A

a neutral policy has a discriminatory affect

No hat policy in a store discriminates against people who wear hijabs

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5
Q

Title 7 of Civil Rights act

A

no business leader can discriminate against protected groups

must reasonably accommodate for religion, but only if it doesn’t negatively impact the compay

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6
Q

How do we utilize the law to add value to the company?

A

Companies whose top executives have legal knowledge have higher share prices

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7
Q

Strategic Noncompliance

A

thoughtfully consider a law and purposefully choose to not comply

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8
Q

At Will Employment

A

you can be fired anytime for any reason except for discriminatory reasons

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9
Q

When can you fire someone?

A

You can fire anyone at any time for any reason unless its discriminatory

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10
Q

Legal (Judicial) Opinions

A

Judge explains why they came to their decision

set precedents for future cases, effectively establishes the law in various capacities

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11
Q

IRAC: Issue

A

Blue

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12
Q

IRAC: Rule

A

red

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13
Q

IRAC: Analysis

A

analysis

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14
Q

IRAC: Conclusion

A

pink

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15
Q

IRAC: Facts

A

yellow

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16
Q

Right

A

capacity of a person, with the aid of the law, to require another person or persons to perform, or to refrain from performing, sacred

freedom of speech
freedom of religion

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16
Q

What does the law reflect?

A

Reflects social, economic, political, religious, moral philosophy of society

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17
Q

Duty

A

obligation the law imposes upon a person to perform, or to refrain from performing, a certain act

must pay taxes and go to jury duty

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18
Q

The Law is Prohibitory

A

Certain acts must not be committed

murder

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19
Q

The Law is Mandatory

A

Certains acts must be done

taxes

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20
Q

The Law is Permissive

A

Certain acts may be done

voting

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21
Q

What is the primary function of law?

A

provide security and stability

Dispute resolutions with societal remedies not private remedies

22
Q

What is the secondary function of law?

A

protect private ownership and make voluntary agreements

Ability to own, possess, and transfer assets

23
Q

What is the third function of law?

A

preserve government and state

Political action, rather than revolution, rebellion

24
Q

What are the rules of law?

A

Laws that are made are generally and equally applicable

Law applies to lawmakers, as well as to the rest of society

25
Q

Property

A

Legal right that allows you to exclude others from your resources, right to own

26
Q

What is common property?

A

owned by more than 1 person (joint ownership)

27
Q

What is Real Property?

A

real estate, land, anything permanently attached to land (trees, buildings), air rights

28
Q

What is Intangible Property?

A

intellectual property (patents)

29
Q

Laws and Morals

A

Law provides sanctions, morals do not

30
Q

What is justice?

A

fair, equitable, and impartial treatment of competing interests of individual groups

not guaranteed by law

31
Q

What is substantive law?

A

creates, defines, regulates legal rights and duties

32
Q

What is procedural law?

A

set forth the rules enforcing rights that exist because of substantive law (how court works)

33
Q

Public Law

A

deals with governments rights and powers and its relationships to individuals or groups

34
Q

Private Law

A

deals with business

35
Q

Civil Law

A

defines duties, the violation of which constitutes a wrong against the party injured by the violation
Private law

Must prove case by a preponderance of evidence (51%), lower standard of proof

Burden of proof on plaintiff

Purpose is to compensate injured party

Lawsuits are civil

36
Q

Criminal Law

A

establishes duties, the violation of which is a wrong against whole community

Public law

Beyond a reasonable doubt (99%)

Purpose is to punish the wrongdoers

37
Q

What is a tort?

A

civil wrong

38
Q

What is a specific deterrent?

A

Someone does something, we want that specific person to be deterred from doing that again

39
Q

What is a general deterrent?

A

Set a public precedent for everyone to know the punishment of a crime

40
Q

Where do laws come from

A

legislation and precedents from other cases

41
Q

Are federal laws higher than state laws?

A

Federal laws trump state laws

Weed legal in states, illegal at federal level

Government doesn’t enforce illegal weed at federal level, so states can make different laws

42
Q

What is constitutional law?

A

Establishes government structure and allocates power among government levels, define political relationships

43
Q

What is common law?

A

Case law, judge made law

Laws created through case precedents established

Courts can still correct erroneous decisions from the past

44
Q

What use do judicial decisions have?

A

To determine with finality the case currently being decided

To indicate how the court will decide similar cases in the future

45
Q

Common Law

A

From England

Rely on past precedent

Parties initiate and conduct litigation, not the court

46
Q

Civil Law

A

Based on roman law

Relies on legislation

Inquisitorial system (Judiciary initiates litigations and investigates)

Only in Louisiana

47
Q

One of the remedies for equity, Specific performance

A

perform aspect of contract

Seller backs out of a house sale after contract has been signed, ask judge for a specific performance

48
Q

One of the remedies for equity, Injunction

A

required to act or refrain from acting

Ask judge to tell someone to refrain from doing an act

49
Q

One of the remedies for equity, Reformation

A

change a contract due to a mutual mistake

50
Q

One of the remedies for equity, Recission

A

invalidates a contract

Fraud victim entered a contract, judge orders to rescind from contract

51
Q

Uniform Commercial Code (UCC)

A

statute covering things such as SALE OF GOODS, credit, bank transactions, conduct of business, warranties, negotiable instruments, loans secured by personal property, commercial matters

52
Q

What is a treaty?

A

agreement between or among independent nations

US constitution authorizes the President to enters into treaties with the advice and consent of the Senate

Paris agreement

53
Q
A

Fall 24 (4 decks)

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