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Intro To Law > Chapter 3 > Flashcards

Chapter 3 Flashcards

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1
Q

Doctrine of Implied Powers

A

Powers not stated in the Constitution but that are necessary for Congress to carry out other expressly granted powers.

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2
Q

Double Jeopardy

A

A constitutional protection against being tried twice for the same crime.

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3
Q

Res judicata

A

When a civil case has a final judgment and is no longer subject to appeal, it cannot be relitigated between the original parties.

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4
Q

Civil Law

A

Law that deals with harm to an individual.

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5
Q

Criminal Law

A

Law that deals with harm to society as a whole.

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6
Q

Plantiff

A

A person who initiates a lawsuit.

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7
Q

Defendant

A

In a lawsuit, the person who is sued. in a criminal case the person who is being charged with a crime.

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8
Q

Beyond a reasonable doubt

A

The standard of proof used in criminal trials. The evidence presented must be so conclusive and complete that there are no reasonable doubts regarding the guilt of the accused.

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9
Q

Preponderance of the evidence

A

The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrongful act.

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10
Q

Clear and Convincing

A

The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than a reasonable doubt.

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11
Q

Damages

A

Monetary compensation including compensatory, punitive, and nominal damages.

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12
Q

Felony

A

A serious crime, usually carrying a person sentence of one or more years.

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13
Q

Misdemeanor

A

A minor crime not amounting to a felony, usually punishable a fine or a jail sentence of less than a year.

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14
Q

Mens rea

A

Bad intent

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15
Q

Actus reus

A

bad act

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16
Q

Prima facie case

A

What the prosecution or plaintiff must be able to provide in order for the case to go to the jury - that is, the elements of the prosecution’s case or the plaintiff’s cause of action.

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17
Q

Defense

A

A fact or legal argument that would relieve the defendant of liability in a civil care or guilt in a criminal case.

18
Q

Cause of action

A

A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it.

19
Q

Affirmative Defense

A

A defense whereby the defendant offers new evidence to avoid judgment.

20
Q

Sovereign immunity

A

The prohibition agains suing the government without the government’s consent.

21
Q

Compensatory damages

A

Money awarded to a plaintiff in payment for his or her actual losses.

22
Q

Punitive damages

A

Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a waring to others.

23
Q

Nominal damages

A

A token sum awarded when liability has been found but monetary damages cannot be shown.

24
Q

Contract

A

An agreement supported by consideration.

25
Q

Consideration

A

Something of value exchanged to form the basis of a contract.

26
Q

Property law

A

Law dealing with ownership

27
Q

Real Property

A

Land and objects permanently attached to the land.

28
Q

Personal property

A

All property that is not real property.

29
Q

Constructive

A

Not factually true, but accepted by the courts as being legally true.

30
Q

Legal fiction

A

An assumption that something that is not real is real, for example saying that a corporation is a person for the purposes of it being able to sue and be sued.

31
Q

Tort Law

A

Law that deals with harm to a person or a person’s property.

32
Q

Intentional tort

A

A tort committed by one who intends to do the act that creates the harm.

33
Q

Negligence

A

the failure to act reasonably under the circumstances.

34
Q

Contributory negiligence

A

Negligence by the plaintiff that contributed to his or her injury. Normally, any finding of contributory negligence acts as a complete bart to a plaintiff’s recovery.

35
Q

Assumption of the risk

A

Voluntarily and knowingly subjecting oneself to danger.

36
Q

Comparative negligence

A

A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate decrease in the compensation for the injuries.

37
Q

Strict liability

A

Liability without having to prove fault.

38
Q

Substantive Law

A

Law that creates rights and duties.

39
Q

Procedural Law

A

Law that regulates how the legal system operates.

40
Q

Statute of Limitations

A

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.

Intro To Law (4 decks)

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