Exam 1 Flashcards
5 sources of Law
a. constitutional law
b. common law
c. court orders
d. administrative law
e. treaties
Highest to lowest Pennsylvania Courts
a. Pa Supreme Court
b. Pa Court of Appeals
c. Pa Trial Court
How a case proceeds using class contract
a. Contract
b. Demand Letter
c. Complaint Filed
d. Answer
e. Discovery Demands
f. Discovery Response
g. Trial
What is a Mediator ?
A person who tries to end disagreement by helping the two sides to talk about and agree on a solution
What is an Arbitrator?
An impartial person or group that is given the power by disputing parties to resolve their dispute
Logical order of the US Constitution
a. Starts with separation of power
b. Article 1: Legislative Power to Congress (two houses-House of Reps of Population and senate two per state
c. Article 2: Executive Power to POTUS (President) Commander in chief/ “negotiate” treaties
d. Article 3: Judicial Power to Courts
e. Article 4: Full Faith and Credit to each State
f. Article 5: Congress or State Legislative can propose Amendments with States Approval
g. Article 6: Debts and Treaties and oath of office
h. Article 7: Ratification of Constitution by 9 States
List 5 Amendments and what they are
a. 1st Amendment: Freedom of Speech
b. 2nd Amendment: Right to Bear Arms
c. 3rd Amendment: No soldiers quartered in home without consent of owner.
d. 4th Amendment: No unreasonable Search and seizure
e. Amendment 5: the right to remain silent no self-incrimination and double jeopardy
3 Criminal Proceedings
a. Amendment 4: no unreasonable search and seizures
b. Amendment 5: the right to remain silent no self-incrimination and double jeopardy
c. Amendment 6: Criminal proceeding right to speedy and public trial by impartial jury
Criminal: Who is the plaintiff, burden, seeking, jury, and conduct
*Plaintiff: The State
* Burden: Beyond a reasonable doubt
* Seeking: Punishment – fine/incarceration & possibly restitution. Felony/Misdemeanor.
* Jury?: constitutional right
* Conduct: must be clear & definite in Statute
Civil: Who is the plaintiff, burden, seeking, and jury
Plaintiff: an individual/corporation
* Burden: Preponderance of the evidence
* Seeking: Money or Restraining Order or Order to do something.
* Jury?: By request & pay approx. $300
What is negligence?
Failure to take proper care in doing something
What is duty of care?
Reasonable care towards others
What is Breach of Duty ?
Minimum standard of care
Factual Cause
Defendant’s breach lead to ultimate cause of harm
Proximate Cause
Type of harm was reasonably foreseeable
