Final Review Flashcards
administrative law
the body of law deadling with the structure, authority, policies and procedures of administrative and regulatory agencies
antitrust law
the body of law defining antutrust violations and providing remedies for such violations
cease and desist orders
an order issued by an administrative agency requireing a person to stop certain designated activities
collective bargaining
negotiations between represenatitives (usually union leaders) on behalf of employees and representatives on behalf of an employer. Usually focuses on wages and working conditions.
discrimination
treatment of persons unequally based on their ace, religion, sex or national origin
disparate impact
a facially neutral law or policy that has a differential impact on members of different races or genders.
exhaustion of remedies
the requirement that a party seeking review by a court first exhaust all legal option for resolution of the issue by nonjudicial authorities or lower courts
gerrymandering
the intentional manipulation of legislative districts for political purposes
malfeasance
commission of an illegal act done under color of office. Most serious; can result in removal from office.
misfeasance
performance of a legal act in an illegal manner (mid-serious, can result in )mid-serious, can result in suspension)
nonfeasance
neglect of duty (done all the time, little punishment)
preclearance
requirement under the Voting Rights Act that changes in state voting and elections law must be approved by the Attorney General before they can take effect
sunshine laws
federal and state laws requiring certain governmentmeetings to be conducted in public
Tell me about the difference between void and voidable.
A voidable contract is one in which one party may, at their option, choose to enforce or not to enforce a contract. On turning 18, for example, one who signed a contract to buy a car as a minor may choose to disaffirm the contract.
A void contract is one that has no legal effect, as if it never existed. Examples of contracts not able to be upheld by law are gambling contracts and extra marriages.
Tell me about the four things needed to prove negligence.
Four things are needed to prove negligence.
The first is that the defendant owed a duty to act in a manner as not to expose the plaintiff to an unreasonable risk. The standard of duty can vary depending on circumstances–for example, a doctor is held to a higher duty of care within his or her profession.
The second is that the duty was breached–that the reasonable standard of care was violated.
The third item the plaintiff must prove is proximate cause–that the plaintiff’s injuries were most directly caused by the defendant’s violation of his duty of care, and that those injuries were foreseeably caused by the breach.
Fourth, the plaintiff must demonstrate actual injury or loss caused by the defendant’s negligent actions.
Tell me about the two types of comparative negligence.
In pure comparative negligence, the plaintiff may recover relative damages from the defendant irrespective of his own negligence. Even if the plaintiff is found to be 80 percent negligent, while the defendant is 20 percent, the plaintiff will still be able to collect 20 percent of damages.
In modified comparative negligence, a threshold of 50 percent negligence is applied to the plaintiff for recovery of damages. In the example above, then, the plaintiff, being 80 percent negligent, would recover nothing.
Tell me about testate and intestate succession
If a person dies testate, that means he or she has created a valid, known last will and testament. In this case the estate, barring contrary statutes, will be distributed by an appointed executor according to the deceased’s expressed desire.
If a person dies intestate, there is no known last will and testament. In this case, the state applies its own laws and distributes property to the heirs of the deceased, by way of an administrator appointed by the probate court. If there are no surviving heirs to the estate, the property escheats, or goes to the state.
Tell me about Joint Tenancy with Right of Surivorship and Tenants in Common
In Joint Tenancy, the owners each own an undivided portion of the real estate. Upon death of one owner, the survivors gain ownership of the decedent’s share.
In Tenants in Common, each tenant owns an undivided interest in the real estate. Upon death of one owner, the decedent’s interest in the property succeeds according to either his will or the intestate laws of the jurisdiction.
Tell me about the difference between a warranty deed and a quitclaim dee
A warranty deed is an interest in real property with a guarantee that nobody has a better claim on the property than he to whom the title is transferred. These deeds include the grantor’s warranty to defend the title to the property.
A quitclaim deed, by contrast, is one transferred with no guarantees. Often used in divorce proceedings, it is the transferrance of interest to whatever property the grantor has, if any.
Tell me about malfeasance, misfeasance and nonfeasance.
Malfeasance, misfeacance and nonfeasance regard prohobited actions of public officers, and are decreasingly serious in the order listed.
Malfeasance is the commission of oan illegact act done under color of office and can result in the perpetrator’s removal from office.
Misfeasance is the performance of a legal act in an illegal manner. This can result in a less serious consequence, such as suspension.
Nonfeasance is the neglect of the officer’s duties. This is found fairly commonly and rarely results in punitive action.
Tell me about the two elements of a crime–actus reus and mens rea
The two parts consituting a crime are actus reus and mens rea.
Actus reus–“guilty act”–is the actual performance of the crime, or the wrongful act. This can include omissions where there is a duty to act, such as failing to nurture one’s children.
Mens rea–“guilty mind”–examines the mental state of the perpetrator and whether criminal intent was present during commission of the crime. Modern classifcations of criminal intent examine whether the act was committed “purposely,” “knowingly,” “recklessly,” or “negligently.”
Tell me about the six categories of contracts which need to be in writing according to the statute of frauds.
The statute of frauds requires 6 types of contracts to be in writing. MYLEGS.
Marriage contracts
Year – whenever the time elapsed from the date a contract is drawn until action exceeds a year, the contract must be in writing.
Land – offers to sell, easements, leases over a year
Estate debts of another, such as funeral costs
Goods over $500
Suretyships – (jointly liable, severally payable) agree that you must have exhausted all efforts to obtain payment from a certain co-signer before attempting to collect from the other
