Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

COPAS - LAW MODULE > Law 1 > Flashcards

Law 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

In the common law, a collection of statues enacted by legislative bodies including Congress and state legislatures

A

Code

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

Codified law based on Roman code of Justinian, basis legal system in Europe and Latin America and many African and Asian nations

A

Civil Law

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

Developed and pronounced by courts in deciding cases (“case law”), based on English common law and judicial precedent

A

Common Law

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

The predominant feature of civil law is its attempt to establish a body of legal rules in

A

One systemized code

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

The predominant feature of common law is based on an accumulation of

A

Previous cases and judicial decisions

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

Requirement that the courts follow their own precedents

A

Stare Decisis

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

What does Stare Decisis mean

A

Stand by the decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Stare Decisis binds lower courts to the decision of

A

Higher courts of the same jurisdiction

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

The Stare Decisis is

A

Not absolute

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

Stare Decisis can be amended by

A

Court changing mind or legislative mandate

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

Congress and state legislatures may enact laws (statutes) that modify

A

Common Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Egland, British Commonwealth and Us follow what type of law

A

Common Law

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

What type of law began as an independent legal system based on fail play?

A

Equity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What type of law covers injunctive relief, specific performance of contracts, parts of family law

A

Equity

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

Many principles and maxims of equity have been merged into

A

Common law

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

In an equity case, there is no

A

Trial by jury

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

What type of law defines legal rights and oblication in regard to a specific subject

A

Substantive Law

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

What type of law is concerned with the enforcement of substantive law in a court

A

Procedural Law

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

What type of court has been simplified to allow self-representation

A

Small claims court

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

What permits clients to keep confidential matters discussed with their attorneys

A

Attorney/Client privilege

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

What an employee tells a corporate lawyer is

A

Not privileged

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

The Attorney/Client privilege does not extend to information made

A

In the presence of others or waved by cleint

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

The Attorney/Client privilege does not extend to i

A

Clients expression of criminal intent

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

What doctrine protects attorney’s and firms notes even with loss of attorney/client privilege

A

Work-product doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

An ethical responsbility of an attorney is to only take cases

A

That can be handled competently

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

An ethical responsbility of an attorney is zealously

A

Advocate clients cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

An ethical responsbility of an attorney is to keep the

A

Client resonably informed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

An ethical responsbility of an attorney is to abide

A

By restrictions of attorney/client privilege

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

An ethical responsbility of an attorney when withdrawing is to

A

Take measures to protect client’s interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Attorney’s fees are usually paid for

A

By each party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Contingency fee arrangements should be

A

Put into writing and explained in depth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

A lawyer may act in many roles including:

A

Investigator, drafter, negotiator, advisor, and advocate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What code governs lawyer’s duties to client and legal system

A

State code of attorney conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What does the UCC stand for

A

Uniform Commercial Code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Substansive commercial law including sales, commercial paper, and secured transaction are covered in the

A

Uniform Commercial Code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What does the NCCUSL stand for

A

National Conference of Commissioners of Uniform State Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What does the NCCUSL do?

A

Proposes new uniform laws and changes to existing laws for states to adopt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Who staffs the NCCUSL?

A

Professors, attorneys, judges, and legislators

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

Who appoints the staff of the NCCUSL?

A

The states

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

What does ALI stand for?

A

American Law Institute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is the American Law Institute responsible for?

A

Restatements of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Statutory law is found in

A

State or federal code

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Case law is a collection of opinions of

A

Appellate courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Opinions of trial courts are usually

A

Not published (expect federal trial courts)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

Restatements of Law do not

A

Bind courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

Restatements of Law serve as general guidelines which gives

A

Greater weight

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Restatements of Law also

A

Dlineate trends in common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Nation or state surpreme set of laws

A

Consitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Constitution outlines basic

A

Organization, powers and repsonsibilities of government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Constitution guarantees certain

A

Specified rights to the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

What is a statute?

A

A law passed by the US congress or state legislature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What is an ordinance?

A

A law passed b a governmental body below the state level dealing with a local concern

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What is a rule?

A

A regulation issued by a federal, state or local administrative agency (or court) and government prodecdure or conduct in a specific field

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

What are eight important sources of loaw in the US?

A

US constitution, federal statutes, 50 state constitutions, state statutes, local ordinances, rules and rulings of federal, state, and local agencies, decisions by courts, private laws and customs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

What is the Surpremacy Clause?

A

Grants that laws made in the “pursuit” of the constitution are the “surpreme law of the land”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What article of the Constitution is the surpremacy clause?

A

Article VI

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

What does preemption mean?

A

If the government has the right to regulate in a specific area, then its laws in that area “preempt” states laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

What are the three branches of government?

A

Legislative, executive, judiciary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

The legislative branch of government does what?

A

Makes the laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

The excutive branch of government does what?

A

Enforces the laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

The judicary branch of the government does what?

A

Passes on the consitutionality of the laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

What does “judicial restraint” mean?

A

Courts may avoid deciding issues in a case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

Article I Section 8 of US Constitution?

A

Necessary and Proper Clause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

What does the Necessary and Proper Clause do?

A

Expressly aurthorizes a number of Congressional legislative power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
65
Q

What are some of the powers of the Necessary and Proper Clause?

A

Tax, coin money establish roads, regualte foreign and interstate commerce, national defense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

What are implied powers?

A

Laws passed that are necessary and proper for carrying out governments enumerated powers under the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

What doctrine states that Congress has the power to pass statutes governing even local commerce in that the subject covered can “affect interstate commerce?

A

Affectation doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

Congress has the power to tax as long as it is

A

Revenue producing and not punitive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

Congress has the power to spend for the

A

“General welfare”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Notice of hearing, unbaised fact-finder, presentation of evidence, cross examination, and appeals are what?

A

Procedural Protections

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

State and federal government has right to regulate economic activity as long as it does not

A

Violate any other provision of the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

Legislative pwoers must be expressly or implicitly delegated to Congress by the

A

US Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

What article and section of the US Constitution grants expansive power to the federal government?

A

Article 1, Section 8

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What three powers are granted to the federal government in Article I, Section 8?

A

Regulate interstate commerce, tax, and provide (spend) for the “general welfare”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
75
Q

What amendment authorized congress to pass any laws to enforce due process and equal protection provisions of the amendement

A

The Fourteenth Amendment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

State goverments have their own sphere of power and do not look to the federal government as the source of their authority

A

Federalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

Laws that are the exclusive domain of the states

A

State Statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

What is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages

A

Tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

Legally, torts are called what?

A

Civil wrongs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
80
Q

The power to what is an important example of shared power although certain areas are barred from state regulation

A

Regulate commerce

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

The constitution prohibits Congress and state legistlatures to pass

A

Ex post facto laws and Bills of Attainder

82
Q

What is an ex post facto law?

A

Make criminal past actions not defined as criminal when they occurred

83
Q

What are Bills of Attainder?

A

Laws that single out and/or punish a specific individual without benefit of a trial

84
Q

Laws passed by government body below state level dealing with local concern; speeding, littering, zoning

A

Ordinance

85
Q

What does the Enabling Act do?

A

Federal, state, or local government delegates authority to an agency to administer law in a particular field

86
Q

The agency develops

A

Expertise in the area it regulates

87
Q

The agency monitors regulated industry

A

Continously, whether or not a voilation has occurred

88
Q

Agencies can proceed

A

More quickly and informally than ordinary judicial process

89
Q

Most important federal agencies have a mixture of

A

Legistlative, judicial and exectutive powers

90
Q

Exmaples of federal agencies include:

A

Federal Reserve Board, Federal Trade Commission, SEC

91
Q

What are the primary sources of US Common Law?

A

Decisions by state and federal courts

92
Q

To originate in a federal court, a case must involve a

A

Real dispute between parties

93
Q

The US Surpreme courts function is to review

A

Lower court decisions that have been appealed

94
Q

Papers filed with the court (copies to the other party), in preparation for beining or defending a lawsuit

A

Pleadings

95
Q

Pretrial procedures where parties obtain information from other parties and witnesses

A

Discovery

96
Q

Proceedings before a compentent tribunal where a civicl or criminal case is heard and adjudicated

A

Trial

97
Q

Federal judges are

A

Appointed for life

98
Q

State judges serve usually for a

A

Renewable term

99
Q

Some states judges are

A

Elected

100
Q

What is jurisdiction?

A

Power to hear and decide issues

101
Q

What is subject matter jurisdiction?

A

The power to hear the case

102
Q

What is personal jurisdiction?

A

The power to bind the parties

103
Q

When parties from two different states are in a lawsuit and one party requests it and the amount is over $75,000

A

Diversity jurisdiction

104
Q

A defendant must be served with

A

A complaint or summons

105
Q

What extends jurisdiction to those doing business, own property or commit a tort in a state?

A

Long-arm statutues

106
Q

What is the place (usually county) where the case is heard?

A

Venue

107
Q

Body of law governing what laws are use din multi state matters?

A

Conflict of Law

108
Q

Law in state where injury occurred

A

Tort

109
Q

Law in state parties intended

A

Contracts

110
Q

Law in state where the crim occurred

A

Criminal

111
Q

One who brings the suit

A

Plaintiff

112
Q

One being sued

A

Defendant

113
Q

Petitioner in equity case

A

Plaintiff

114
Q

Respondent in equity case

A

Defendant

115
Q

Papers required mto bring issues of a lawsuit before the court

A

Pleadings

116
Q

Pleadings contain what?

A

Statement of facts, basis of suit (Breach of contract), remedies

117
Q

Pleadings must be ______________ to the defendant giving defendant a specified time to answer

A

Served

118
Q

Courts lack of subject matter durisdiction, statute of limiations expiration, allegations do not breach, tort or anything else that could lead to judgement can result in

A

Motion to Dismiss

119
Q

If judge decides that there is no genuine issue as to the facts or when law is applied to these facts, one party is clearly entitled to a verdict in their favor

A

Summary Judgement

120
Q

Process by which each party obtains information from the other

A

Discovery

121
Q

What are some of the results of Discovery?

A

Prevents surprises at the trial, preserves witness testimony, may lead to summary judgement, may lead to pre-trial settlement

122
Q

Written questions to be asnwered in writing under oath?

A

Interrogatories

123
Q

Made and answered in writing and can only be directed to the other party where the party asked to admit a particular fact or genuinesses of doctrines

A

Request for admissions

124
Q

New rules governing the retention and protection of electronic data such as emails, databases, ect.

A

E-Discovery

125
Q

What does FRCP stand for

A

Federal Rules of Civil Procedures

126
Q

What did the FRCP amended in 2007

A

Requires a legal hold on electronic records until matters are resolved

127
Q

What does the FRCP say about email and IM chats?

A

Specifies these as likely records

128
Q

Pretrial conference

A

Held to insure the trial goes smoothly.

129
Q

In criminal and most civil lawsuits a jury trial

A

Is available

130
Q

Equity cases (divorce) and administartive proceedings

A

A jury trial is not available

131
Q

Who can ask for a trial by jury

A

Plaintiff or defendant

132
Q

The right to a trial by jury is waived if

A

Not requested in the plaintiffs complain or the defendants answer

133
Q

Usually consists of 12 members, decided guilt (criminal) or libel (civil) cases

A

Petit Jury

134
Q

The decision of a Petit Jury must be

A

Unanimous

135
Q

Consists of 18 to 24 jurors guided by prosecutors deciding whether a person should be charged with a crime (indicted)

A

Grand Jury

136
Q

What is Voir Dire

A

Jury selection

137
Q

Who is a jury selection handled?

A

Prospective jurors are questioned by the attorneys and the judge

138
Q

What does an opening statement give an attorney

A

The chance to state what they itend to prove

139
Q

What case is after an opening statement

A

Plaintiffs Case

140
Q

Who has the Burden of Proof

A

Plaintiff

141
Q

The defendants case comes after the

A

Plaintiffs case

142
Q

What is a Summation

A

Closing or final arguments and attorneys review testimony and evidence and argue for verdict

143
Q

Each party is limited to _________ apeals to an appellate court

A

One

144
Q

A written argument supported by ciatations, prior decisions, statutes

A

Brief

145
Q

Third party helps settle case but annot impost a dugement

A

Mediation

146
Q

Power to make final, binding decision. Shorter, cheaper than litagation

A

Arbitration

147
Q

A legal, enforceable agreement, express or implied

A

Contract

148
Q

Four essential elements of a contract

A

Capacity of the parties, mutual agreement (meeting of minds), consideration, legality of subject matter

149
Q

Contracts are purely mental agreements. The mental agreement is shown by

A

Oral or written words, actions or (rarely) silence or inaction.

150
Q

Type of contract stated in words, written or oral

A

Express contract

151
Q

Type of contract manifest by conduct rather than words

A

Implied-in-fact contract

152
Q

Type of contract created by operation of law, avoids unjust enrichment. No meeting of minds.

A

Implied-in-law contract, quasi-contract

153
Q

Exchange of promise for a promise

A

Bilateral contract

154
Q

Promise by one party for the act of another

A

Unilateral contract

155
Q

Contract that has been fully perfomed by both parties

A

Executed Contract

156
Q

A contract that something reamins to be done by one or both parties

A

Executory contract

157
Q

A type of contract that meets all legal requirements and can be enforced by either party

A

Valid contract

158
Q

Type of contract that does not meet one or more legal requirements and cannot be enforced by either party

A

Uneforceable contract

159
Q

Type of contract that has not validity and cannot be enforced by either party

A

Void contract

160
Q

Type of contract binding on only one of the parties, the other has the option to withdraw (contracts with minors, under duress)

A

Voidable contract

161
Q

First step of forming a contract

A

The Offer

162
Q

What are the requirements for the offer?

A

Indicate clear intent to make a contract, sufficiently definite so that court can determine intent, communicated to the other party

163
Q

An agreement to keep an offer open for a specified period of time in exchange for payment

A

Option

164
Q

The the steps of forming a contract, what comes after the offer?

A

Acceptance

165
Q

Conditional acceptance is a counteroffer and treated as a

A

Rejection to the offer

166
Q

Lawful alteration of responsibilities in exchange for another’s

A

Consideration

167
Q

What is required in almost all contracts

A

Consideration

168
Q

What requires that a person made a gratuitous promise be held to it when the promisee, to their detriment, relied upon the promoise

A

Promissory Estopple

169
Q

What type of mistake pertains to the very heart of the agreement, not misjudgment of value

A

Material mistake

170
Q

If the mistake is mutual, the contract is not

A

Binding

171
Q

Intentional misrepresentation or deceit

A

Fraud

172
Q

What are 5 requirements of fraud?

A

Misrepresentation of a material fact, made knowingly, with the intent to defraud, justifiably relied upon, causing injury to the other party

173
Q

What type of misrepresentation can rescind the contract but cannot sue for damages

A

Innocent misrepresentation

174
Q

One party takes advantage of another by reason of a superior position in a close or confidential relationship

A

Undue influence

175
Q

Coercion, either physical or mental that depreives a person of free will and leaves a person with no reasonable alternative other than to accept the contract terms as imposed on him

A

Duress

176
Q

Overbearing party in a superior position imposes outrageously unfair terms on some other party through fine print and “fast talk”

A

Unconscionabilty

177
Q

Standardized agreement tendered to a consumer on a :take it or leave it” basis

A

Adhesion contract

178
Q

Confusing contract with hidden terms

A

Procedural unconscionability

179
Q

Contract is unfair, with an overly harsh allocation of risk

A

Substantive unconscionablity

180
Q

The level of mental ability sufficient to reach an agreement

A

Capacity

181
Q

What are the three categories of people who may lack capcacity

A

Minor, insane persons, intoxicated persons

182
Q

Illegal agreements cannot be introduced into a

A

Court

183
Q

Sunday sales of non-necessities that may be illegal in some states

A

Blue Laws

184
Q

Unlawful high interest rate

A

Usury

185
Q

Prevtion of someone from unduly persuing their livelihood

A

Retraint of trade

186
Q

Privisions in a contract that disclaims liability for negligence

A

Exculpatory clauses

187
Q

A contract calling for the sale of land or an interest therein requires the agreement

A

Must be evidenced in writing

188
Q

A contractn ot be to performed within one year requires the agreement

A

Must be evidenced in writing

189
Q

A contract for the sale of goods for a price of $500 or more requires the agreement

A

Must be evidenced in writing

190
Q

A promise by one person to pay the debt of another requires the agreement

A

Must be evidenced in writing

191
Q

A promise made in consideration of marriage (pre-nup) requires the agreement

A

Must be evidenced in writing

192
Q

A promise by the executor or adminstrator on an estate to pay the debt of the estate out of their own funds requires the agreement

A

Must be evidenced in writing

193
Q

UETA and ESIGN remove barriers based on method of transaction or

A

Electronic documents

194
Q

What prohibits outside evidence that contradicts written evidence

A

Parol evidence rule

195
Q

What is privity?

A

For a person to have a legal interest in a contract, they must be a party to the contract

196
Q

Novation

A

A three party agreement permitting on eof the parties to be excused and another to take their palce

197
Q

What is the termination of completion of a contract

A

Discharge

198
Q

One party fails in a material way to perform their obligations

A

Breach

199
Q

If one party failed to perform, it is recommended that they obtain a

A

Release

200
Q

Where one party voluntarily relinquishes their rights

A

Waiver

COPAS - LAW MODULE (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions