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BLAW > Exam 1 (Ch1,2,4,5,6,8,9) > Flashcards

Exam 1 (Ch1,2,4,5,6,8,9) Flashcards

1
Q

List the sources of contemporary law

A

constitution, state government, common law legal system, administrative law, court order, equity, and treaties.

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2
Q

criminal case

A

a behavior that is so dangerous it has been outlawed and the action will be prosecuted by the government even if the victim does not want to.

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3
Q

civil case

A

regulates the rights and duties of two parties, the victim has to bring the case forward.

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4
Q

utilitarian ethics

A

choosing the option that has the best moral outcome after deliberating options

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5
Q

deontological ethics

A

focuses on the why and less the effect of an action

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6
Q

rawlsian ethics

A

believes in one set of right and wrong answers for everyone

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7
Q

moral relativism

A

believes in following a set of principles, but not necessarily the same ones for everyone.

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8
Q

list the 10 ethical traps

A

money, competition, rationalization, conflict of interest, blind spot, following orders, conformity, following the crowd, euphemism, and short term perspective

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9
Q

precedent

A

the outcome of a case that becomes common law

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10
Q

stare decisis

A

the basis for common law, precedent becoming law

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11
Q

statutory laws

A

laws created by legislature

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12
Q

good samaritan laws

A

laws that protect/provide a defense f you harm someone while trying to help them in a reasonable way

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13
Q

plain meaning rule

A

looks at the literal definition of the law and apply it

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14
Q

legislative history rule

A

looks at the past laws, the history when the law was passed, and the original intent of the law

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15
Q

public policy rule

A

how does the law reflect current public policy, what would be best for society

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16
Q

powers of administrative agencies

A

subpoenas, search and seizure, pass rules and regulations, adjudication, voluntary recall of products

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17
Q

subpoena

A

require a person to appear in court and provide evidence

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18
Q

adjudication

A

the power to hear and decide a case

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19
Q

commerce clause

A

states that congress can regulate commerce among states

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20
Q

gibbons v Ogden

A

set precedent that congress can regulate all commerce between several states

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21
Q

Wickard v Filburn

A

if an action has a substantial affect on economic activity, congress can regulate it

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22
Q

U.S. v Lopez

A

supreme court declared congress could not regulate carrying a gun around schools under the commerce clause

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23
Q

supremacy clause

A

the constitution is highest power, if anything goes against it is illegal and is void

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24
Q

judicial review

A

courts power to determine if a law is unconstitutional

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25
Q

power of appointment

A

president can appoint heads of agencies, supreme court justices, and federal judges

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26
Q

executive orders

A

orders signed by president that have the same effect as a law and stay in place until rescinded, no limits but he has to stay under presidential jurisdiciton

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27
Q

5th amendment: due process

A

laws have to be fundamentally fair, the substance and process of law must be fair

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28
Q

takings clause

A

the governments can take private land for public use on eminent domain but it must give you just compensation

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29
Q

14th amendment: equal protection

A

laws have to apply the same to everyone

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30
Q

minimal scrutiny

A

government must prove a rational basis for laws that do not apply to everyone the same (drinking laws)

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31
Q

strict scrutiny

A

government must prove a compelling state interest for laws that restrict rights (c.p. laws)

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32
Q

jurisdiction

A

power of court to hear a casse

33
Q

subject matter jurisdiction

A

can a court hear a specific case

34
Q

personal jurisdiction

A

exists where the defendant resides

35
Q

long arm statute

A

states can make a person appear in court if the tort occurred within the state

36
Q

default judgement

A

if you don’t appear in court judge rules for the other person

37
Q

circuit split

A

when circuit courts disagree with each other

38
Q

pleadings

A

papers that begin a lawsuit

39
Q

complaint

A

short statement of legal claims that are served

40
Q

answer

A

defendant gives a short response to complaint

41
Q

counterclaim

A

starts a second lawsuit by defendant against plaintiff

42
Q

reply

A

plaintiff gives short response to counterclaim

43
Q

interrogatories

A

written questions that must be answered under oath

43
Q

depositions

A

interview style with both lawyers present and one party where they have to answer questions as if under oath

44
Q

production of evidence

A

require parties to produce and give pieces of evidence

45
Q

physical/mental exam

A

hire a doctor to examine other party to prove or disprove claims

46
Q

e-discovery

A

a company is hired to go through all of the online pieces of evidence: files, emails, texts etc.

47
Q

questioning (jury)

A

ask juries questions to determine biases

48
Q

challenges for case (jury)

A

both parties can remove unlimited juries if its proved they are biased

49
Q

preemptory

A

each side can remove a limited number of jurors with no reason

50
Q

negotiation

A

parties, with or without lawyers, attempt to reach a settlement together

51
Q

mediation

A

a third party mediates the 2 in hopes of reaching an agreement together

52
Q

arbitration

A

a mini trial with arbitrator as the judge, what the arbitrator decides is binding, no chance for appeal.

53
Q

tort

A

a wrong thats been done

54
Q

intentional tort

A

has an element of intent to the action

55
Q

negligence

A

the tort was accidental

56
Q

battery

A

touching of another person that causes harm or is offensive

57
Q

assault

A

an action that causes victim to fear an imminent battery

58
Q

defamation

A

saying something that harms a persons reputation

59
Q

elements of defamation

A

provable statement is made, statement is false, statement is made to 3rd party, injuries suffered

60
Q

public figure defamation

A

must prove statement was made with actual malice: person knew statement was false when they said it

61
Q

false imprisonment

A

civil kidnapping, holding someone somewhere against their will

62
Q

intentional infliction of emotional distress

A

an extreme or outrageous act that causes serious emotional harm

63
Q

trespass

A

intentionally entering someones property without consent

64
Q

conversion

A

civil theft, taking or using someones property without consent

65
Q

fraud

A

injuring a person by deliberate deception

66
Q

compensatory damages

A

attempts to compensate loss through money

67
Q

special compensatory damages

A

amount can be calculated, missed work

68
Q

general compensatory damages

A

amount cannot be calculated, death of loved one

69
Q

punitive damages

A

punish the wrongdoer for actions

70
Q

duty of due care

A

standard of care based on how a reasonable person would act

71
Q

dram acts

A

a business is in a better position to know if a person has drank too much therefore is responsible for them

72
Q

landowner duties to trespassers

A

landowners must make trespassers aware of any unreasonable risks ie: bear traps, shot gun rigs etc

73
Q

landowner duties to invitees

A

invitees must be made aware of any known risks

74
Q

business owners duties to invitees

A

invitees (customers inside a business) must be made aware of any known risks and anything that there is a reason to know as businesses are held to a higher standard

75
Q

gross negligence

A

extreme mistake, possibly subject to punitive charges: doctor amputating the wrong arm, going 80mph in a parking lot

76
Q

elements of negligence

A

breach of duty of care, causation, and damages

77
Q

contributory negligence

A

if the victim was even partially at fault they do not receive any of the money

78
Q

comparative negligence

A

the vicitim does not receive the % amount of money that they were responsible for: if they were 10% responsible then they do not receive 10% of the money

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