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Legal Studies > Chapter 1: Intro to Legal Studies > Flashcards

Chapter 1: Intro to Legal Studies Flashcards

1
Q

Common Law

A

Law made by the court/judge (Supreme Court, Judge)

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2
Q

Statutory Law

A

Law made by the legislative body (local, state, federal)

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3
Q

Bill

A

An idea that has not yet been approved by congress

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4
Q

Statue

A

When a bill gets enacted/passed

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5
Q

Ordinance

A

Law has been enacted on a local level (city council)

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6
Q

Precedent/Stare Decisis

A

Looks at prior cases to see if there is one like it; make ruling based on previous cases

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7
Q

Statutory Construction

A

Must look to see how the words are crafted in the law

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8
Q

Plaintiff

A

Person who files lawsuit; name usually appears first

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9
Q

Defendant

A

Person who is being sued; name usually comes second

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10
Q

Appellant

A

Person who takes the appeal (lost)

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11
Q

Appellee

A

Person who the appeal is being taken against (he won)

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12
Q

Citation

A

Tells you where the case can be found

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13
Q

470 A. 2d 507 (Pa. 1983)

A

Volume, Abbreviation/Name for book, Edition, Page, Year case was decided

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14
Q

Unanimous

A

Everyone agreed with the outcome

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15
Q

Majority

A

Majority of the judges agreed with the outcomes

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16
Q

Concurring

A

Judge who reached the same conclusion as the majority but has a different reason for coming to that result

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17
Q

Dissenting

A

Judge disagrees with the outcome that the majority found

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18
Q

Affirm

A

When the original and appellant uphold or agree with the decision

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19
Q

Reverse

A

When the original and appellant disagree and reverse the original decision

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20
Q

Remand

A

Sending the case back to a trial judge to do something because it is a retrial and they didn’t make a decision

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21
Q

How to Brief a Case

A

Action, Facts, Issue, Court

22
Q

Klein v. Raysinger

A

Klein’s car hit by drunk Raysinger who was served at home of Gilligans; Ruling established that no social host who gives liquor to a guest is liable; It is consumption of the liquor rather than the furnishing of it that causes harm

23
Q

Corgini

A

Minor who was served by employer, given car keys, involved in accident, and sued boss; Ruling established that an adult who serves liquor to a minor will be responsible because law protects children

24
Q

Currie v. Phillips

A

Ska died after attending party, drinking, and falling off hand rails– sued apartment owner; Ruling established one minor owes no duty to another minor under social host liability– all minors incompetent to handle alcohol

25
Q

Who does the law protect?

A

Institutions rather than people; Children, the Government, etc.

26
Q

Katco v. Briney

A

Strapped gun to door so intruders would stop coming in; Ruling established that you can use reasonable force to protect property but it can’t be force that will take life or inflict serious injury

27
Q

Commonwealth v. Johnson

A

Established the killing is excusable when defendant did not provoke, reasonable fear for life, must kill to save life, and must retreat

28
Q

Doctrine

A

A principal or instruction that does not necessarily have to be followed

29
Q

First Impression

A

Case where there is no precedent

30
Q

State v. Greenman

A

Greenmail given DUI for driving segway drunk (reversed; Ruling established that motor vehicles specifically excluded electronic personal devices, therefore it is okay to drive a segway under the influence

31
Q

Public Law

A

Involves the rights of society which are represented by the government (criminal, constitutional, administrative)

32
Q

Criminal Law

A

Crime is in violation of rights of society; prosecute people because it makes us all safer

33
Q

Constitutional Law

A

Protection against government; 7 articles, 27 amendments

34
Q

Constitutional Relativity

A

Constitution is written in broad languages so judges can interpret it with changing times

35
Q

Which article created the legislature/congress?

A

Article One

36
Q

Which article created the executive branch?

A

Article Two

37
Q

Which article created the court?

A

Article Three

38
Q

Administrative Law

A

Congress giving up some of its power to agencies who regulate specific areas (IRS, Social Security, FDA, EPA)

39
Q

Private Law

A

Problems involving individuals and their rights (contract, tort, property, family)

40
Q

Contract

A

Legal relationship between people by their own agreements

41
Q

Tort

A

A private civil wrong– Negligence (car accident), Intentional (road rage), Products Liability

42
Q

Property Law

A

Rights and duties arising out of the ownership and possession of real estate and personal property

43
Q

Real Property

A

Land and everything attached to it (real estate)

44
Q

Personal Property

A

Everything not attached to land (computer, pen, car)

45
Q

Tangible

A

Physical object (clothes, car)

46
Q

Intangible

A

Personal property that is not a physical object (patent, copyright, trademarks); Ownership evident by legal document

47
Q

Family Law

A

Encompasses the rights, duties, and obligations involving marriages, civil unions, domestic partnerships, child support, etc.

48
Q

Cyber Law

A

Deals with the law involving the internet and other digital networks

49
Q

Corporate Governance

A

Refers to the structure and process for the control and management of companies

50
Q

Primary Source

A

Written law itself such as a statue and court decision; can be binding or persuasive

51
Q

Secondary Source

A

Consists of writings on the law such as law reviews and legal encyclopedias

Legal Studies (10 decks)

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