Final Study Flashcards
If a provision in the fl. Constitution conflict with a provision in the us constitution. Under the supremacy clause what will happen
Preemptive law states the us constitution takes precedence
In export co vs imports inc there is no precedent on which the court can base a decision. The court can consider among other things
The court should use public policy
To Serena the written law of a particular society at a time is most significant. Serena is using which school of legal jurisprudence
Positivist school
Jack filed a lawsuit against Daniel alleging that Daniel damaged his vehicle during a car accident. In this case jack is the
Plaintiff
Amanda was arrested and has requested an attorney to represent her she is availing her right under
Procedural law
Sam just attempted to murder his neighbor. He has violated a
Criminal law
George believes that our laws should reflect the idea that we all have basic rights based on universal moral principles due and that these rights are inherent to our nature. He takes WHAT view of jurisprudence
Natural law
If you are doing buisness in Georgia and want to create a transaction with another buisness in fl. You can do so with the assurance that the transaction will be honored from state to state with
Uniform commercial code
Pew ab exectutive with black spot corp. follows the principle of rights theory under which an action may be ethical depending on how it affects
The right of others
Mr hobbard is being sued for burning the flag and has appealed the case. If the court is asking the question is flag burning a form of speech protected by first amendment then how are they approaching this case
Question of law
In roe vs wade the Supreme Court ruled that abortions are legal and thus created a type of judge made law called
Case law
The fda developed and implemented requirements for handling raw meats that must now be placed on food packaging thru this type of law
Administrative law
In the oj Simpson case his attorneys tried to get the trial moved to another country courthouse because he was concerned he would not get a fair trial in the county of the crime. He was asking for a change of
Venue
Justin has been formally served with a complaint that he is being sued by the IRS and ordered to appear in court where he will provide his answer this complaint and answer are called
Pleadings
In order for kallie to sue Jennifer she must have a sufficient stake in the controversy and have suffered some injury this is called
Standing to sue
During jims trial his attorney was required to provide the opposing attorneys with the physical evidence collected at the crime scene based on
Discovery
During a trial Susan wanted to testify that john told her that Richard said that he killed his boss that would be considered
Hearsay
The Supreme Court has asked to or agreed to hear a case involving child pornography in order to require that the case be sent to them for review that would issuer an
Writ of certiorari
Mr cardegna had a complaint about his contract with btw company and was required to settle it by using neutral 3rd party who renders a legally binding decision called
Arbitration
In the arbitration case between ms Rollins and her employer the arbitrator ruled that the company must pay her 1 yr back pay this decision is called the
Award
This clause in the us constitution insures to prevent a state from discriminating against citizens of other states unless there is substantial reason
Privileges and immunities clause
The belief that humans are different from objects and should not be treated as objects
Kantian ethics
When mr Spock sacrificed himself to save the rest of his crew he said that the good one that many outweigh the good of the few or the one he was demonstrating what principle of ethics
Utilitarianism
A process in which the individual examines the situation in light of the consequences if everyone in society acted the same way
Categorical imperative
Which of the following is covered by or is a part of the foreign corrupt practices act
All of these are included in the foreign corrupt practices act
This clause in the us constitution includes procedures stating that legislation must be fair and reasonable and that the procedures used must be equitable
Due process clause
The idea that federal laws take precedence over conflicting state local laws
Preemption
A person wearing t shirt saying I hate president Nixon would be protected as what type of speech
Symbolic speech
If the us government tried to. And catholic as the official religion of the us they would be in violation of what part of the us consititution
Establishment clause
The defendants attorney asks to find in favor of the devendant on the grounds that the plaintiff has presented no evidence to support their claim this is called
Motion for a directed verdict
Which of the following is a protected form of speech
None of the above are protected forms of speech
At a lawful protest by the citizens of beautification committee roger was making a speech and began to encourage the crowd to storm the local park
This would be fighting words and thus not protected under the consititution
If a company tried to force Susan a female employee to wear pants to work even though it was in direct conflict with her religious beliefs that woman should only wear skirts the company might be found in violation of what
Free exercise clause
George is suing the state of New Jersey for violating his rights to free speech a violation of his constitutional rights this would be a
Federal question
Sammy is backing out of his driveway when his neighbors dog runs behind the car and is killed. The neighbor is suing him for the loss. He admits that while he did run over the dog he is not liable. He is providing what type of defense
affirmative defense
Mr beller is found guilty of setting his neighbors car on fire and is sentenced to 10 years in jail and 1 million dollar fine though no physical evidence found. His attorney believes this is excessive. The attorney can file this type of motion to ask the judge to turn over the sentence
Motion for a judgement N O V
Levi lives in Ohio but was visiting Georgia for a few weeks while in ga. His car was involved in an accident and he returned to oh. Before the case was resolved. Levi could claim both ga and oh can hear the case under
Concurrent jurisdiction
Corporate political speech means that a company can do
Support a candidate in an election just like an individual
Which of the following would be considered a companies stakeholder
Community
Employees
Customers
Scanner tech. Inc. And sendents Inc we’re sueing each other in court. The court ruled that they must first try arbitration before proceeding with a court trial. This is called
Court annexed arbitration
Once the Supreme Court reaches a decision a written explanation for their decision is writing and is called the
Opinion
Mr hergott committed a crime in al and fled to mon where he was caught. The police in al can ask that he be returned to the state to stand trial thru this state
Long arm statute
Ryan is suing Danny for not paying his rent for the past few months Danny is the
Defendant
Greg is suing his neighbor Andrew because his neighbors dog bit him. This is what type of lawsuit
Civil law
Model statutes are referred to as
Uniform law
Laws that define describe regulate and create legal rights and obligations are known as
Substantive law
This is jurisdiction over the thing power of a court can decide issues relating to real or personal property
In rem jurisdiction
A statement containing facets of the case remedy requested and basis for relief
Complaint
The act of referring a case to an arbitrator is called
Submission
Which of the following is are common disputes calling for online dispute resolution
All
Quality of good received
Accuracy of goods received
Domain names
Child has a civil law system in theory, in this system, the courts
May not develope legal concepts by case law
According to the statute of frauds a contract for a transfer of an interest in land need not be in writing to be enforceable
False
Pack offers to pay Quik delivery $50 if it picks up and delivers to him a package from his account Rupert within 30 minutes. Qd can accept th offer only by meeting the deadline. If QD performs as directed, these parties will have
A unilateral contract
Ric and skye contract for the sale of rics buisness. Skye makes a down payment and ric gives her the keys to one of his stores. Before the contract is fully performed however they agree to return the money and keys and cancel the sale. This is
A mutual rescission
The us has a common law legal system. Primarily based on
Case law
Canada, in sold steel in the us at a greatly reduced rate price in order to put the us steel mills out of buisness and increase their own market share. This is an illegal activity called
Dumping
Joe is 14 his parents get him to sign an agreement saying they will pay him 1000 if he will agree not to drink alcohol until he has reached 21. This is invalid because
Preexisting duty
Ms Johnson purchased an inflatable castle for her daughters birthday party. On the day of the party the castle would not inflate and the company refunded her money but she wanted more because the party was a failure. This judge might grant this type of damages even though there was no money loss .
Nominal
Contests, lotteries and other competitions are an example of what type of contract
Unilateral
Mr smith owns an apartment complex but one of his tenants leaves with 6 months left on his rental agreement. By law mr smith is required to try to rent out this apartment and thus reduce the amount of his damages according to this concept
Mitigation of damages
The us govt. allows only a limited number of Japanese vehicles to be imported into the us each year this is called
Quota
This states that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign govt. within the latters own territory
Act of state doctrine
Allen was a great basketball player and was nicknamed the answer by his friend jamall. Later when Alan became famous the nickname was used for market purposes. The court said it was a nickname but could be considered
Past consideration
A type of warranty that makes representations concerning the quality, condition, description or performance potential of goods
Express warranty
If Abby purchased a hotdog at a restaurant and the meat was rotten, she could sue the restaurant for
Implied warranty of merchantability
If bill was found guilty of a crime and the jury awarded the victim an additional 10000 to punish bill and deter others from doing the same thing is called
Punitive damages
If computer world ships 100 computers to Walmart but they take the title only after the goods have been delivered to Walmart warehouse as stated in the contract they have used
Destination contract
If joes burgers agrees to purchase all the soft drinks they need from Coke and no one else this is
Requirements contract
If ryland and fletcher own land next to each other and rylands resevoir broke which flooded Fletcher’s coal mine. Fletcher would be able to sue and win the lawsuit based on
Strict liability
If Tshirt world shipped 100 pink shirts instead of 100 blue shirts that the customer ordered Tshirt world has the right to replace the shirts with the correct ones. This is called
Cure
If the shoe mart order 100 pair of green sandals, but received 100 blue they have not received
Conforming goods
If a teen tried to sue McDonald’s bc she got fat they could use this defense
Knowledgeable user
If several children were injured while jumping on a trampoline at one time and performing various tricks together, and there were adequate warning on the trampoline including stick figures so that even children could understand.
Product misuse
If someone is injured in a car accident due to defective steering wheel this is a liability incurred by
Product liability
John cannot pay his rent today because the bank was closed due to the Presidents’ Day holiday. This is an example of
Subjective impossibility
Jennifer borrowed 2000 from the bank to buy a new computer. She then loses her job and informs the bank of her intentions not to pay the remaining balance.
Anticipatory repudiation.
Which of the following countries is not a part of the North American free trade agreement
Nicaragua
Which of the following people would have legal capacity to enter into a contract
An elderly person over 75
Jason purchased a set of steak knives from Walmart while using a knife to carve a turkey he cuts off his finger. This manufacturer of the knives would use this defense in a lawsuit
Assumption of risk
Jack ran a stoplight and wrecked June’s car and injured her. She was unable to get to work for 6 weeks due to her injuries. Because her loss was indirect but foreseeable they would be covered as
Consequential Damages