Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

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.

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

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

civil case

A

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

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

utilitarian ethics

A

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

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

deontological ethics

A

focuses on the why and less the effect of an action

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

rawlsian ethics

A

believes in one set of right and wrong answers for everyone

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

moral relativism

A

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

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

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

precedent

A

the outcome of a case that becomes common law

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

stare decisis

A

the basis for common law, precedent becoming law

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

statutory laws

A

laws created by legislature

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

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

plain meaning rule

A

looks at the literal definition of the law and apply it

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

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

public policy rule

A

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

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

powers of administrative agencies

A

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

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

subpoena

A

require a person to appear in court and provide evidence

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

adjudication

A

the power to hear and decide a case

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

commerce clause

A

states that congress can regulate commerce among states

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

gibbons v Ogden

A

set precedent that congress can regulate all commerce between several states

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

Wickard v Filburn

A

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

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

U.S. v Lopez

A

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

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

supremacy clause

A

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

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

judicial review

A

courts power to determine if a law is unconstitutional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
power of appointment
president can appoint heads of agencies, supreme court justices, and federal judges
26
executive orders
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
27
5th amendment: due process
laws have to be fundamentally fair, the substance and process of law must be fair
28
takings clause
the governments can take private land for public use on eminent domain but it must give you just compensation
29
14th amendment: equal protection
laws have to apply the same to everyone
30
minimal scrutiny
government must prove a rational basis for laws that do not apply to everyone the same (drinking laws)
31
strict scrutiny
government must prove a compelling state interest for laws that restrict rights (c.p. laws)
32
jurisdiction
power of court to hear a casse
33
subject matter jurisdiction
can a court hear a specific case
34
personal jurisdiction
exists where the defendant resides
35
long arm statute
states can make a person appear in court if the tort occurred within the state
36
default judgement
if you don't appear in court judge rules for the other person
37
circuit split
when circuit courts disagree with each other
38
pleadings
papers that begin a lawsuit
39
complaint
short statement of legal claims that are served
40
answer
defendant gives a short response to complaint
41
counterclaim
starts a second lawsuit by defendant against plaintiff
42
reply
plaintiff gives short response to counterclaim
43
interrogatories
written questions that must be answered under oath
43
depositions
interview style with both lawyers present and one party where they have to answer questions as if under oath
44
production of evidence
require parties to produce and give pieces of evidence
45
physical/mental exam
hire a doctor to examine other party to prove or disprove claims
46
e-discovery
a company is hired to go through all of the online pieces of evidence: files, emails, texts etc.
47
questioning (jury)
ask juries questions to determine biases
48
challenges for case (jury)
both parties can remove unlimited juries if its proved they are biased
49
preemptory
each side can remove a limited number of jurors with no reason
50
negotiation
parties, with or without lawyers, attempt to reach a settlement together
51
mediation
a third party mediates the 2 in hopes of reaching an agreement together
52
arbitration
a mini trial with arbitrator as the judge, what the arbitrator decides is binding, no chance for appeal.
53
tort
a wrong thats been done
54
intentional tort
has an element of intent to the action
55
negligence
the tort was accidental
56
battery
touching of another person that causes harm or is offensive
57
assault
an action that causes victim to fear an imminent battery
58
defamation
saying something that harms a persons reputation
59
elements of defamation
provable statement is made, statement is false, statement is made to 3rd party, injuries suffered
60
public figure defamation
must prove statement was made with actual malice: person knew statement was false when they said it
61
false imprisonment
civil kidnapping, holding someone somewhere against their will
62
intentional infliction of emotional distress
an extreme or outrageous act that causes serious emotional harm
63
trespass
intentionally entering someones property without consent
64
conversion
civil theft, taking or using someones property without consent
65
fraud
injuring a person by deliberate deception
66
compensatory damages
attempts to compensate loss through money
67
special compensatory damages
amount can be calculated, missed work
68
general compensatory damages
amount cannot be calculated, death of loved one
69
punitive damages
punish the wrongdoer for actions
70
duty of due care
standard of care based on how a reasonable person would act
71
dram acts
a business is in a better position to know if a person has drank too much therefore is responsible for them
72
landowner duties to trespassers
landowners must make trespassers aware of any unreasonable risks ie: bear traps, shot gun rigs etc
73
landowner duties to invitees
invitees must be made aware of any known risks
74
business owners duties to invitees
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
gross negligence
extreme mistake, possibly subject to punitive charges: doctor amputating the wrong arm, going 80mph in a parking lot
76
elements of negligence
breach of duty of care, causation, and damages
77
contributory negligence
if the victim was even partially at fault they do not receive any of the money
78
comparative negligence
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

BLAW (1 decks)

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