EXAM EXTRA ACC 473 Flashcards
___________ 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.
Precedents; precedent
__________ sometimes there is no law and the case needs to be evaluated.
Cases of first impression
The basis of law is ____.
ethics
If a president issues an _____, the next president cant nullify the orders.
EO
Once the _____ is passed as a constitutionalized ammendment it cannot be taken away.
EO
_____________- created by legislative bodies (congress and state legislature.
STATUTORY LAW
_____ created by counties.
ORDINANCE
_____ made by judges.
common law
______ make law in the form of statues.
federal governments
_____ create rights and duties. EX; contracts, tortes, prperty law.
substantive law
_______ ex: there is a car accident and you need to get jurisdiction, lawyer, and court.
procedural law
______ offenses against the state. The state prosecutes it not the victim. There mst be good circumstances and evidence.
CRIMINAL LAW
________ all law thats not criminal law. Sueing for loses. Seeking a remedy. Business law with a preponderance of evidence can involve GOVT.(IRS)
civil law
TT=
plantiff
TRIANGLE=
defendent
If damages are greater than 75k, ___________ is a possibility.
federal court
________ -negotiation, mediation, or arbitration
ADR
_____ is important in international business.
adr
To make a lawsuit successful you have to have an actual ______.
case
Potential deep pocket cases that will make a ton of money, the lawyers wont ask or make you ______
pay an hourly fee
First step in filling a complaint is _______________
Facts of the case (from the prespective plantiff)
The second step in filling a coplaint is __________.
cause of action
The third step in filing a complaint is ________
prayer fro damages - how much money you want (praying for money)
What is the fourth step in filing a petitiion?
Pleadings of complaint
______ peice of paper saying that youve been sued.
pleadings of complaint
_______ can help you serve someone out of state.
long are statute.
If a potential degfendebnt wants to make a couter claimthey can do so with a ______.
motion
What is the first stage of trial steps?
Judge will try to mediate parties
What is the second step of stage trial?
Attorneys will examine witness
what is the third step of stage trial?
discuss legal arguments
What is the fourth step of stage trial?
Jury selection
Examples of witnesses to a car accident case could be…..
-witness of case, physicist with PHD, and medical doctors
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 ________.
discussion of damages
Voir Dire=
speaks the truth
_______ you can say that you do not want on of the jurors selected.
premptory change
How many premptory changes can the attorney have?
3
There are ______ limitations to the premptroy.
constitutional
Judges usually ____ law to jurors
teach or explain
Sometimes jurrors will just state their opion and even say that the law is ____.
wrong
What are the 4 things a losing party can do to request a new trial?
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,
Res jurisdiciton
matter has been declined
How many people are on the pannel of apellet judges?
3
______ will need new trial. Some judge with no jurry.
remanding
______ how some governments are structured in the USA. (the centeral government)
federalism
_____ constitution has numerated powers
comerce clause
Example of a state government police powers in Nevada
prostitituion is illegal in clark county and washo but they do not say it is legal in other counties in nevada.
Example of stae law.
Liqour licensing 7/ 11 in NV you can get liquor anytime at anyone. In pensyvania you cant get liqour anywhere but state controlled shops.
Sometimes state and federal laws ______.
collide
______ and credit clause can force the state to accept the (action at question)
full faith
______ congress can regulate comerse (business) ex; railroads, steam boats, other transportation between states.
comerse clause
______ - giving opinion in the direction the law is goin. (not precedent)
dictupm
_____ have to conform with commerce clause
federal state laws
Takes very little impact to affect ______ comerce
interstate
______ action of government.
state action
Under state action you are not protected under private sector but you are protected by ______.
state commerce
All rights in _______ have exceptions
constitution
_______ things that can be regulated
exceptions
