Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

BCOR 320 Law > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

precedent

A

the tendency to decide current cases based on previous rulings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

common law

A

judge-made law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

statute

A

a law created by a legislature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

criminal law

A

prohibits certain behavior for the benefit of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

civil law

A

regulates the rights and duties between parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

jurisprudence

A

the philosophy of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

sovereign

A

the recognized political power whom citizens obey

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

legislative power

A

the ability to create new laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

executive power

A

authority to enforce laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

judicial power

A

the right to interpret laws and determine validity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

legal positivism

A

law is what the sovereign says it is

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

natural law

A

an unjust law is no law at all

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

legal realism

A

who enforces the law counts more than what is in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

plaintiff

A

the party who is suing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

defendant

A

the party being sued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

primary sources of law

A

US constitution, state constitution, statutes, common law, administrative law, treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

ethics

A

how people should behave

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

ethics decision

A

any choice about how a person should behave that is base on a sense of right and wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

life principles

A

the rules by which you live your life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

deontological

A

from the greek word for obligation; the duty to do the right thing regardless of the result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Kants’ categorial imperative

A

the act is only ethical if it would be acceptable for everyone to do the same thing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

life prospects

A

the opportunities one has at birth, based on ones natural attributes and initial place in society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

veil of ignorance

A

the rules for society that we would propose if we did not know how lucky we would be in lifes lottery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

difference principle

A

rawls’ suggestion that society should reward behavior that provides the most benefit to the community as a whole

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
moral universalism
a belief that some acts are always right or always wrong
26
moral relativism
a belief that a decision may be right even if it is not in keeping with our own ethical standards
27
kantian evasion or palter
a truthful statement that is nonetheless misleading
28
corporate social responsibility
an organization's obligation to contribute positively to the world around it
29
ligation
the process of filing claims in court and ultimately going to trial
30
alternative dispute resolution
any other formal or informal process used to settle disputes without resorting to a trial
31
trial courts
determine the facts the law given by earlier appellate court decisions
32
jurrisdiction
a courts power to hear a case
33
subject matter jurrisdiction
a courts authority to hear a particular type of case
34
personal jurrisdiction
a courts authority to bind the defendant to its decisions
35
summons
a courts written notice that a lawsuit has been filed against the defendant
36
long-arm statute
a statue that gives a court jurisdiction over someone who commits a tort, signs a contract, or conducts "regular business activities" in the state
37
appeals court
higher courts that review the trial record to see if the court made errors of law
38
error of law
because of this, the appeals court may require a new trial
39
appeallant
the party filing the appeal
40
appelle
the party opposing the appeal
41
briefs
written arguments on the case
42
reversed
nullified
43
affirmed
permitted to stand
44
federal question
a case in which the claim is based in the united states constitution, a federal statute, or a federal treaty
45
diversity jurisdiction
applies when 1. the plaintiff and defendant are citizens of different states and 2. the amount in dispute exceeds $75,000
46
writ of certiorari
a petition asking the supreme court to hear a case
47
pleadings
the documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply
48
complaint
a short, plain statement of the facts alleged and the legal claims made
49
default judgment
a decision that the plaintiff wins without trial because the defendant failed to answer in time
50
counter claim
a second lawsuit by the defendant against the plaintiff
51
reply
an answer to a counter claim
52
class action
one plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed
53
motion
a formal request to the court that it takes some step or issue some order
54
motion to dismiss
a formal request that the court terminate a case without permitting it to go further
55
deponent
the person getting questioned in deposition
56
motion for a protective order
request that the court limit descivery
57
summary judgment
a ruling by the court that no trial is necessary because there are no essential facts in dispute
58
voir dire
the process of selecting a jury
59
challenges for cause
a claim that a juror has demonstrated probable bias
60
peremptory challenges
the right to excuse a juror for virtually any reason
61
preponderance of evidence
the plaintiffs burden of proof in a civil lawsuit
62
beyond a reasonable doubt
the governments burden of proof in a criminal prosecution
63
cross-examine
to ask questions of an opposing wittness
64
directed verdict
a ruling that the plaintiff has entirely failed to prove some aspect of their case
65
judgment non obstante verdicto (JNOV)
a judgment notwithstanding the jury's verdict
66
precedent
earlier decisions by the state appellate courts on similar or identical issues
67
affirm
to allow the decision to stand
68
modify
to affirm the outcome but with changes
69
reverse and remand
to nullify the lower decision and return the case for reconsideration or retrial
70
harmless error
a mistake by the trial judge that was too minor to affect the outcome
71
common law
judge made law
72
stare decisis
"let the decision stand" that is, the ruling from a previous case
73
precedent
an earlier case decided the issue
74
bill
a proposed statute submitted to congress or a state legislature
75
veto
the power of the president to reject legislation passed by congress
76
subpoena
an order to appear at a particular place and time. a subpoena duces tecum requires the person to produce certain documents or things
77
adjudicate
to hold a formal hearing about an issue and then decide it
78
administrative law judge (ALJ)
an agency employee who acts as an impartial decision maker
79
bill of rights
the first 10 amendments to the US constitution
80
commerce clause
the part of article 1, section 8, that gives congress the power to regulate commerce with foreign nations and among states
81
the supremacy clause
makes the constitution, and federal statutes and treaties, the supreme law of the land
82
judicial activism
a courts willingness to decide issues on constitutional grounds
83
judicial restraint
a courts attitude that it should leave lawmaking to legislatures
84
commercial speech
communication such as advertisements that has the dominant theme proposing a business transaction
85
takings clause
a clause in the fifth amendment that ensures that when any government unit takes private property for public use it must compensate the owner
86
procedural due process
the doctrine that endures that before the government takes liberty of property, the affected person had a fair chance to oppose the action
87
eminent domain
the power of the government to take private property for public use
88
substantive due process
a form of due process that holds that certain rights are so fundamental that the government may not eliminate them
89
equal protection clause
a clause in the fourteenth amendment that generally requires the government to treat people equally
90
fundamental rights
rights so basic that any government interference with them is suspect and likely to be unconstitutional

BCOR 320 Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions