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BCOR 320 Law > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

precedent

A

the tendency to decide current cases based on previous rulings

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2
Q

common law

A

judge-made law

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3
Q

statute

A

a law created by a legislature

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4
Q

criminal law

A

prohibits certain behavior for the benefit of society

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5
Q

civil law

A

regulates the rights and duties between parties

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6
Q

jurisprudence

A

the philosophy of law

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7
Q

sovereign

A

the recognized political power whom citizens obey

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8
Q

legislative power

A

the ability to create new laws

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9
Q

executive power

A

authority to enforce laws

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10
Q

judicial power

A

the right to interpret laws and determine validity

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11
Q

legal positivism

A

law is what the sovereign says it is

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12
Q

natural law

A

an unjust law is no law at all

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13
Q

legal realism

A

who enforces the law counts more than what is in writing

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14
Q

plaintiff

A

the party who is suing

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15
Q

defendant

A

the party being sued

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16
Q

primary sources of law

A

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

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17
Q

ethics

A

how people should behave

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18
Q

ethics decision

A

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

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19
Q

life principles

A

the rules by which you live your life

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20
Q

deontological

A

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

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21
Q

Kants’ categorial imperative

A

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

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22
Q

life prospects

A

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

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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

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24
Q

difference principle

A

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

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25
Q

moral universalism

A

a belief that some acts are always right or always wrong

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26
Q

moral relativism

A

a belief that a decision may be right even if it is not in keeping with our own ethical standards

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27
Q

kantian evasion or palter

A

a truthful statement that is nonetheless misleading

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28
Q

corporate social responsibility

A

an organization’s obligation to contribute positively to the world around it

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29
Q

ligation

A

the process of filing claims in court and ultimately going to trial

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30
Q

alternative dispute resolution

A

any other formal or informal process used to settle disputes without resorting to a trial

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31
Q

trial courts

A

determine the facts the law given by earlier appellate court decisions

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32
Q

jurrisdiction

A

a courts power to hear a case

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33
Q

subject matter jurrisdiction

A

a courts authority to hear a particular type of case

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34
Q

personal jurrisdiction

A

a courts authority to bind the defendant to its decisions

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35
Q

summons

A

a courts written notice that a lawsuit has been filed against the defendant

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36
Q

long-arm statute

A

a statue that gives a court jurisdiction over someone who commits a tort, signs a contract, or conducts “regular business activities” in the state

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37
Q

appeals court

A

higher courts that review the trial record to see if the court made errors of law

38
Q

error of law

A

because of this, the appeals court may require a new trial

39
Q

appeallant

A

the party filing the appeal

40
Q

appelle

A

the party opposing the appeal

41
Q

briefs

A

written arguments on the case

42
Q

reversed

A

nullified

43
Q

affirmed

A

permitted to stand

44
Q

federal question

A

a case in which the claim is based in the united states constitution, a federal statute, or a federal treaty

45
Q

diversity jurisdiction

A

applies when 1. the plaintiff and defendant are citizens of different states and 2. the amount in dispute exceeds $75,000

46
Q

writ of certiorari

A

a petition asking the supreme court to hear a case

47
Q

pleadings

A

the documents that begin a lawsuit, consisting of the complaint, the answer, and sometimes a reply

48
Q

complaint

A

a short, plain statement of the facts alleged and the legal claims made

49
Q

default judgment

A

a decision that the plaintiff wins without trial because the defendant failed to answer in time

50
Q

counter claim

A

a second lawsuit by the defendant against the plaintiff

51
Q

reply

A

an answer to a counter claim

52
Q

class action

A

one plaintiff represents the entire group of plaintiffs, including those who are unaware of the lawsuit or even unaware they were harmed

53
Q

motion

A

a formal request to the court that it takes some step or issue some order

54
Q

motion to dismiss

A

a formal request that the court terminate a case without permitting it to go further

55
Q

deponent

A

the person getting questioned in deposition

56
Q

motion for a protective order

A

request that the court limit descivery

57
Q

summary judgment

A

a ruling by the court that no trial is necessary because there are no essential facts in dispute

58
Q

voir dire

A

the process of selecting a jury

59
Q

challenges for cause

A

a claim that a juror has demonstrated probable bias

60
Q

peremptory challenges

A

the right to excuse a juror for virtually any reason

61
Q

preponderance of evidence

A

the plaintiffs burden of proof in a civil lawsuit

62
Q

beyond a reasonable doubt

A

the governments burden of proof in a criminal prosecution

63
Q

cross-examine

A

to ask questions of an opposing wittness

64
Q

directed verdict

A

a ruling that the plaintiff has entirely failed to prove some aspect of their case

65
Q

judgment non obstante verdicto (JNOV)

A

a judgment notwithstanding the jury’s verdict

66
Q

precedent

A

earlier decisions by the state appellate courts on similar or identical issues

67
Q

affirm

A

to allow the decision to stand

68
Q

modify

A

to affirm the outcome but with changes

69
Q

reverse and remand

A

to nullify the lower decision and return the case for reconsideration or retrial

70
Q

harmless error

A

a mistake by the trial judge that was too minor to affect the outcome

71
Q

common law

A

judge made law

72
Q

stare decisis

A

“let the decision stand” that is, the ruling from a previous case

73
Q

precedent

A

an earlier case decided the issue

74
Q

bill

A

a proposed statute submitted to congress or a state legislature

75
Q

veto

A

the power of the president to reject legislation passed by congress

76
Q

subpoena

A

an order to appear at a particular place and time. a subpoena duces tecum requires the person to produce certain documents or things

77
Q

adjudicate

A

to hold a formal hearing about an issue and then decide it

78
Q

administrative law judge (ALJ)

A

an agency employee who acts as an impartial decision maker

79
Q

bill of rights

A

the first 10 amendments to the US constitution

80
Q

commerce clause

A

the part of article 1, section 8, that gives congress the power to regulate commerce with foreign nations and among states

81
Q

the supremacy clause

A

makes the constitution, and federal statutes and treaties, the supreme law of the land

82
Q

judicial activism

A

a courts willingness to decide issues on constitutional grounds

83
Q

judicial restraint

A

a courts attitude that it should leave lawmaking to legislatures

84
Q

commercial speech

A

communication such as advertisements that has the dominant theme proposing a business transaction

85
Q

takings clause

A

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
Q

procedural due process

A

the doctrine that endures that before the government takes liberty of property, the affected person had a fair chance to oppose the action

87
Q

eminent domain

A

the power of the government to take private property for public use

88
Q

substantive due process

A

a form of due process that holds that certain rights are so fundamental that the government may not eliminate them

89
Q

equal protection clause

A

a clause in the fourteenth amendment that generally requires the government to treat people equally

90
Q

fundamental rights

A

rights so basic that any government interference with them is suspect and likely to be unconstitutional

BCOR 320 Law (1 decks)

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