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Legal Chapters 1-3 > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

What is Law

A

Enforceable rules

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2
Q

What are the four primary sources of Law in the US

A

Constitutional Law, Statutory Law, Administrative Law, Case and Common Law

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3
Q

What is Constitutional Law

A

Laws derived from US Constitution

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4
Q

What is Statutory Law

A

Laws created by federal, state and local legislatures

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5
Q

What is Administrative Law

A

Rules of federal or state government administration

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6
Q

What is common law

A

Law that has been ruled on by English and US courts

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7
Q

What is a Remedy

A

The relief given to an innocent party to enforce a right or compensate for the violation of a right

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8
Q

Examples of remedies of equity

A

Specific Performance Injunction Recission

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9
Q

What is a specific performance of remedy of equity

A

Ordering a party to perform an agreement as promised

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10
Q

What is an Injunction

A

An order to a party to cease engaging in a specific activity or to undo some wrong or injury

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11
Q

What is Recission

A

The cancellation of a contractual obligation

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12
Q

What is Stare Decisis

A

A doctrine under which judges are obligated to follow precedent established in prior decisions

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13
Q

How does Stare Decisis help the courts

A

To be more efficient and also makes the law more stable and predictable

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14
Q

Who can overrule a precedent? Example?

A

Supreme Court Brown vs BOE Topeka

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15
Q

What are the two aspects of stare decisis

A
  1. There must be a strong reason to overturn precedent 2. These decisions by precedent are binding in lower courts
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16
Q

What is legal reasoning

A

Process where judge uses prior cases to base his opinion

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17
Q

What are the steps to legal reasoning

A

Issue, Rule, Application, Conclusion

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18
Q

What are the four schools of legal thought

A

Natural Law, Legal Positivism, Historical School, Legal Realism

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19
Q

What is Natural Law

A

A higher or universal law that exists and applies to all humans

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20
Q

What is legal positivism

A

No higher law than a nation’s positive law. Believe there are no natural rights and human rights exist solely because of laws

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21
Q

What is historical school

A

Stresses the evolutionary nature of law and looks to doctrines for guidance

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22
Q

What is legal realism

A

Advocates a less abstract and more realistic approach

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23
Q

What are the classifications of law

A

Substantive Law, Procedural Law, Civil Law, Criminal Law

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24
Q

What is substantive law

A

All laws that define, described, regulate, and create legal rights and obligations

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25
Q

What is procedural law

A

All laws that establish the methods of enforcing the rights established by substantive law

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26
Q

What is civil law

A

Private party sues another private party, or individual and their government

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27
Q

What is criminal law

A

Defines and punishes wrongful actions committed against the public as a whole

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28
Q

What is Jurisprudence

A

Concept of schools of legal thought

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29
Q

What is the difference between binding and persuasive authority

A

Binding authority are published decisions and persuasive authority is non-published decisions

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30
Q

What are secondary sources of law

A

Textbook, Treaties, Articles

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31
Q

What is an original jurisdiction

A

Where a claim is first heard

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32
Q

What is an appellate decision

A

An appeals court (procedural law)

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33
Q

Classifications of appellate decision

A

No trial in court of appeal, appellee is the winning, appellate is losing.

34
Q

What are the options in the appellate decision option

A

Affirm the decision, remand the case

35
Q

What is writ of certiorari

A

Where you ask the supreme court to take your case, asking for permission to come to Supreme Court

36
Q

What is federal diversity jurisdiction

A

Arises when you have complete diversity from the parties and $75000 is minimum for supreme court to hear case

37
Q

What is judicial review

A

Authority of judicial branch to review the actions of the legislative and executive branches to determine if they are institutional

38
Q

What is jurisdiction

A

The power to speak the law

39
Q

What are the three types of jurisdiction

A

Inpersonam, In Rem, Subject matter

40
Q

What is Inpersonam

A

Over the person- Be able to bring the defendant to court to respond to the allegations

41
Q

What is In Rem

A

Over the thing- Jurisdiction over the land

42
Q

What is subject matter

A

You’re in the right kind of court

43
Q

What is Venue

A

Location

44
Q

What is standing

A

You must have a sufficient state in the matter to justify to see through the court system

45
Q

What are the three constitutional requirements to prove standing

A

Harm-Plaintiff must have suffered injury Causation-Injury must be connected to defendants conduct Remedy-A favorable court decision must be likely to redress the injury

46
Q

What are pleadings

A

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses in a case

47
Q

What is a complaint summons

A

How a civil claim is started

48
Q

What is an Answer

A

A defendants response to a plaintiff’s complaint (Admit, deny or no info)

49
Q

What is a counterclaim

A

A claim made by a defendant in a civil lawsuit against the plaintiff (defendant is suing plaintiff)

50
Q

What is a crossclaim

A

Claim between 2 defendants

51
Q

What is discovery

A

Gathering information in a civil litigation

52
Q

What are the three types of discovery

A

Interrogations, Requests, Depositions

53
Q

What are interrogations

A

Written questions and the other side is to answer those questions under oath

54
Q

What are requests

A

Request a party to produce documents for you to inspect

55
Q

What are depositions

A

Taking testimony outside a courtroom, can be in lieu of a trial, educates other side about evidence

56
Q

What are the two type of motions

A

Pre-trial and Post-trial

57
Q

What is a pre-trial motion

A

motion to dismiss or summary motion judgement. Used to get relief to solve case without a trial

58
Q

What is a post-trial

A

If a party loses they can file a motion for a new trial

59
Q

What is alternative dispute resolution (ADR)

A

Courts encourage this to expedite resolutions without a trial

60
Q

What are the types of ADP

A

Negotiation, Mediation, Arbitration

61
Q

What is negotiation

A

Parties and their attorneys try to get case resolved

62
Q

What is mediation

A

A neutral party and a resolution is goal

63
Q

What is arbitration

A

A decision is entered

64
Q

What is business ethics

A

Looks at the decision’s businesses make and whether ;those decisions are right or wrong

65
Q

What are the three aspects of business ethics

A

Focus on rightness or wrongness study of what constitutes just behaviors Application of moral and ethical principles to the workplace

66
Q

What are the three aspects of duty

A

legal ethical moral minimum

67
Q

What are the reasons to avoid ethical problems

A

possibility of getting sued, crossing the line from civil to criminal, long-term viability of the business, people would be hurt by unethical decisions

68
Q

What are the causes of ethical problems

A

Greed

69
Q

What is the need for ethical leadership

A

Top management has to establish standards. Management must have ethical leadership for others to follow

70
Q

What are the ethical decision making approaches

A

Duty based, Outcome based, corporate social responsibility

71
Q

What is duty based decision making

A

Looks at the nature of the action you’ll be taking. Focuses on the obligations of the corporation

72
Q

What are the three areas of duty based decision making

A

Religious ethical principles philosophical reasoning (Kantian ethics) principles of right

73
Q

What are religious ethical principles

A

Religious beliefs can guide a person’s decision making

74
Q

What is philosophical reasoning

A

Categorical imperative-Evaluate the actions in light of the consequences to follow if everyone in society acted the same way Ex-School cheating scandal where 38 people got in trouble

75
Q

What is the principle of rights in ethical decision making

A

Which rights are the greatest? Ex-Pollution job scenario (pollute water or shut down the plant)

76
Q

What is outcome based decision making

A

Focuses on the consequences of an action, not on the nature of the action itself or on any set or pre-established moral values or religious beliefs (For the affected group-Does the action produce the greatest amount of good for the greatest number

77
Q

What is corporate social responsibility

A

Combines a commitment to good citizenship with a commitment to making ethical decisions, improving society and minimizing environmental impact -Look at the effects of the group of people -Be a good citizen -provide ethical training

78
Q

What are the six factors for making an ethical business decision

A

-Law-If you’re in an illegal business, then you’re unethical -Internal Rules & Procedure-Must be followed by everyone -Values-Policies, Rules & procedures -Conscience-What is it telling you -Promises-Good business organization’s have established a trusting relationship with clientele -Heroes-Someone you trust

79
Q

What is the Foreign Corrupt Practices Act

A

Prohibits US business people to bribe foreign officials to ensure business contracts

80
Q

What are two examples of the Foreign Corrupt Practices Act

A

Dept of Justice Security Exchange Constitution

Legal Chapters 1-3 (1 decks)

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