Exam 1 Flashcards

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1
Q

What are the basic principles of the legal system

A

promote common good
set standards for behavior
provide order and consistency
resolve disputes
protect liberty

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2
Q

who creates the laws

A

constitutions fed and local

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3
Q

civil law

A

dispute between private individuals 2 businesses or 2 people

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4
Q

Criminal law

A

arson, murder

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5
Q

common law

A

what have courts previously decided uses past court cases
contracts
torts
property
very slow to adapt

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6
Q

statutes

A

law passed by legislator written enacted laws
prepared by office of federal registry

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6
Q

Ordinances

A

local statute adopted decree (zoning)

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7
Q

Agencies

A

dictate small details

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7
Q

executive order

A

force of law enacted by president

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8
Q

Treaties

A

contracts

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9
Q

International law

A

cannot be enforced

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10
Q

Fed
State
Local

A

Judicial- solve disputing
Executive- mayor, governor
legislative- congress

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11
Q

Precedent

A

past rulings used to determine current ruling

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12
Q

regulations

A

standards adopted to determine how to enforce laws

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13
Q

Tort

A

legal issue that caused injury or harm

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14
Q

Contract

A

document promises

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15
Q

antitrust

A

laws designed to promote fair competition
stops monopoly and cartels

16
Q

product liability

A

legal action against company by consumer

17
Q

unfair trade practices

A

any fraudulent business activity that causes harm to customer

18
Q

Securities regulation

A

regulates stocks and government securities

19
Q

injunction

A

court order to do or not do something

20
Q

specific performance

A

not for personal service
order to sell anything attached to land

21
Q

natural law

A

human nature knows what’s right and wrong

22
Q

natural person

A

born to woman and alive

23
Q

artificial person

A

legal attributes of personhood applies to businesses

24
Q

long arm jurisdiction

A

courts jurisdiction over what laws an taxes apply to you

25
Q

international shoe v Washington

A

incoperate where laws are favorable workers in washington had less income tax temp workers

26
Q

Minimum contact

A

if you make profit off of citizens where you do business then you need to pay taxes

27
Q

who appoints federal judges

A

president and senate

28
Q

what do you need to go to federal court

A

75,000 in damages and 2 people from different states

29
Q

standing

A

legal ability to sue

30
Q

state supream court

A

final authority of state law

31
Q

appellate court, u.s court of appeals, circuit court

A

review questions of law and revise decisions of lower courts (13 district courts)

32
Q

trial court

A

find facts and apply laws
pleadings

33
Q

Motion to summary judgement

A

disolve a case without a full trial

34
Q

motion to dismiss

A

happens early in court when it is decided normally not enough evidence

35
Q

motion to compel discovery

A

request of documents relavant to case

36
Q

interrogatories

A

written questions

37
Q

Disposition

A

oral examination

38
Q

limited jurisdiction trial courts

A

smaller cases, faster and cheaper, not a court of record

39
Q

final authority of law

A

supreme court

40
Q

U.s district court- trial court

A

any court where a case is filed the first instance