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ACC 473 > EXAM EXTRA ACC 473 > Flashcards

EXAM EXTRA ACC 473 Flashcards

1
Q

___________ in a court, when they are evaluating a case if there has been another case with similar facts. The law applies to the case being evaluated, and the _____ fits.

A

Precedents; precedent

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2
Q

__________ sometimes there is no law and the case needs to be evaluated.

A

Cases of first impression

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3
Q

The basis of law is ____.

A

ethics

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4
Q

If a president issues an _____, the next president cant nullify the orders.

A

EO

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5
Q

Once the _____ is passed as a constitutionalized ammendment it cannot be taken away.

A

EO

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6
Q

_____________- created by legislative bodies (congress and state legislature.

A

STATUTORY LAW

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7
Q

_____ created by counties.

A

ORDINANCE

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8
Q

_____ made by judges.

A

common law

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9
Q

______ make law in the form of statues.

A

federal governments

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10
Q

_____ create rights and duties. EX; contracts, tortes, prperty law.

A

substantive law

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11
Q

_______ ex: there is a car accident and you need to get jurisdiction, lawyer, and court.

A

procedural law

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12
Q

______ offenses against the state. The state prosecutes it not the victim. There mst be good circumstances and evidence.

A

CRIMINAL LAW

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13
Q

________ all law thats not criminal law. Sueing for loses. Seeking a remedy. Business law with a preponderance of evidence can involve GOVT.(IRS)

A

civil law

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14
Q

TT=

A

plantiff

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15
Q

TRIANGLE=

A

defendent

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16
Q

If damages are greater than 75k, ___________ is a possibility.

A

federal court

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17
Q

________ -negotiation, mediation, or arbitration

A

ADR

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18
Q

_____ is important in international business.

A

adr

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19
Q

To make a lawsuit successful you have to have an actual ______.

A

case

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20
Q

Potential deep pocket cases that will make a ton of money, the lawyers wont ask or make you ______

A

pay an hourly fee

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21
Q

First step in filling a complaint is _______________

A

Facts of the case (from the prespective plantiff)

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22
Q

The second step in filling a coplaint is __________.

A

cause of action

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23
Q

The third step in filing a complaint is ________

A

prayer fro damages - how much money you want (praying for money)

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24
Q

What is the fourth step in filing a petitiion?

A

Pleadings of complaint

25
Q

______ peice of paper saying that youve been sued.

A

pleadings of complaint

26
Q

_______ can help you serve someone out of state.

A

long are statute.

27
Q

If a potential degfendebnt wants to make a couter claimthey can do so with a ______.

A

motion

28
Q

What is the first stage of trial steps?

A

Judge will try to mediate parties

29
Q

What is the second step of stage trial?

A

Attorneys will examine witness

30
Q

what is the third step of stage trial?

A

discuss legal arguments

31
Q

What is the fourth step of stage trial?

A

Jury selection

32
Q

Examples of witnesses to a car accident case could be…..

A

-witness of case, physicist with PHD, and medical doctors

33
Q

At the third stage of trial steps when discussing legal arguments; if its been established that the defendent was negligent it could just be a ________.

A

discussion of damages

34
Q

Voir Dire=

A

speaks the truth

35
Q

_______ you can say that you do not want on of the jurors selected.

A

premptory change

36
Q

How many premptory changes can the attorney have?

A

3

37
Q

There are ______ limitations to the premptroy.

A

constitutional

38
Q

Judges usually ____ law to jurors

A

teach or explain

39
Q

Sometimes jurrors will just state their opion and even say that the law is ____.

A

wrong

40
Q

What are the 4 things a losing party can do to request a new trial?

A

must say why, must do it a few days after end of initial trial, could make accusition of jurror miscounduct, could present changing or new evidence,

41
Q

Res jurisdiciton

A

matter has been declined

42
Q

How many people are on the pannel of apellet judges?

A

3

43
Q

______ will need new trial. Some judge with no jurry.

A

remanding

44
Q

______ how some governments are structured in the USA. (the centeral government)

A

federalism

45
Q

_____ constitution has numerated powers

A

comerce clause

46
Q

Example of a state government police powers in Nevada

A

prostitituion is illegal in clark county and washo but they do not say it is legal in other counties in nevada.

47
Q

Example of stae law.

A

Liqour licensing 7/ 11 in NV you can get liquor anytime at anyone. In pensyvania you cant get liqour anywhere but state controlled shops.

48
Q

Sometimes state and federal laws ______.

A

collide

49
Q

______ and credit clause can force the state to accept the (action at question)

A

full faith

50
Q

______ congress can regulate comerse (business) ex; railroads, steam boats, other transportation between states.

A

comerse clause

51
Q

______ - giving opinion in the direction the law is goin. (not precedent)

A

dictupm

52
Q

_____ have to conform with commerce clause

A

federal state laws

53
Q

Takes very little impact to affect ______ comerce

A

interstate

54
Q

______ action of government.

A

state action

55
Q

Under state action you are not protected under private sector but you are protected by ______.

A

state commerce

56
Q

All rights in _______ have exceptions

A

constitution

57
Q

_______ things that can be regulated

A

exceptions

58
Q
A

ACC 473 (5 decks)

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