Chapter 3: Classification of the Law

Question 1

Federalism

Answer 1

A system of government in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas.

Question 2

Doctrine of implied powers

Answer 2

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

Question 3

Preemption

Answer 3

The power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject.

Question 4

Civil law

Answer 4

Law that deals with harm to an individual.

Question 5

Criminal law

Answer 5

Law that deals with harm to society as a whole.

Question 6

Plaintiff

Answer 6

A person who initiates a lawsuit.

Question 7

Defendant

Answer 7

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

Question 8

Beyond a reasonable doubt

Answer 8

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.

Question 9

Preponderance of the evidence

Answer 9

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.

Question 10

Clear and convincing

Answer 10

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

Question 11

Damages

Answer 11

Monetary compensation, including compensatory, punitive, an nominal damages.

Question 12

Injunction

Answer 12

A court order requiring a party to perform a specific act or to cease doing a specific act.

Question 13

Double jeopardy

Answer 13

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

Question 14

Felony

Answer 14

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

Question 15

Misdemeanor

Answer 15

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

Question 16

Mens rea

Answer 16

Bad intent.

Question 17

Actus reus

Answer 17

Bad act.

Question 18

Prima facie case

Answer 18

What the prosecution or plaintiff must be able to prove 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.

Question 19

Defense

Answer 19

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

Question 20

Cause of action

Answer 20

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.

Question 21

Affirmative defense

Answer 21

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

Question 22

Sovereign immunity

Answer 22

The prohibition against the suing the government without the government’ consent.

Question 23

Compensatory damages

Answer 23

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

Question 24

Punitive damages

Answer 24

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

Question 25

Nominal damages

Answer 25

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

Question 26

Contract

Answer 26

An agreement supported by consideration.

Question 27

Consideration

Answer 27

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

Question 28

Property law

Answer 28

Law dealing with ownership.

Question 29

Real property

Answer 29

Land and objects permanently attached to land.

Question 30

Personal property

Answer 30

All property that is not real property.

Question 31

Constructive

Answer 31

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

Question 32

Legal fiction

Answer 32

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

Question 33

Tort law

Answer 33

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

Question 34

Intentional tort

Answer 34

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

Question 35

Negligence

Answer 35

The failure to act reasonable under the circumstances.

Question 36

Contributory negligence

Answer 36

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

Question 37

Assumption of the risk

Answer 37

Voluntarily and knowingly subjecting oneself to danger.

Question 38

Comparative negligence

Answer 38

A method for measuring the relative negligence of the plaintiff and the defendant, with a commensureate sharing of the compensation for the injuries.

Question 39

Strict liability

Answer 39

Liability without a showing of fault.

Question 40

Substantive law

Answer 40

Law that creates rights and duties.

Question 41

Procedural law

Answer 41

Law that regulates how the legal system operates.

Question 42

Statute of limitations

Answer 42

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.

Question 43

Tortfeasor

Answer 43

A person who commits a tort.