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COPAS - LAW MODULE > Law 1 > Flashcards

Law 1 Flashcards

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1
Q

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

A

Code

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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

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3
Q

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

A

Common Law

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4
Q

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

A

One systemized code

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5
Q

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

A

Previous cases and judicial decisions

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6
Q

Requirement that the courts follow their own precedents

A

Stare Decisis

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7
Q

What does Stare Decisis mean

A

Stand by the decision

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8
Q

Stare Decisis binds lower courts to the decision of

A

Higher courts of the same jurisdiction

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9
Q

The Stare Decisis is

A

Not absolute

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10
Q

Stare Decisis can be amended by

A

Court changing mind or legislative mandate

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11
Q

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

A

Common Law

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12
Q

Egland, British Commonwealth and Us follow what type of law

A

Common Law

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13
Q

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

A

Equity

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14
Q

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

A

Equity

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15
Q

Many principles and maxims of equity have been merged into

A

Common law

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16
Q

In an equity case, there is no

A

Trial by jury

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17
Q

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

A

Substantive Law

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18
Q

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

A

Procedural Law

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19
Q

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

A

Small claims court

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20
Q

What permits clients to keep confidential matters discussed with their attorneys

A

Attorney/Client privilege

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21
Q

What an employee tells a corporate lawyer is

A

Not privileged

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22
Q

The Attorney/Client privilege does not extend to information made

A

In the presence of others or waved by cleint

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23
Q

The Attorney/Client privilege does not extend to i

A

Clients expression of criminal intent

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24
Q

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

A

Work-product doctrine

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25
Q

An ethical responsbility of an attorney is to only take cases

A

That can be handled competently

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26
Q

An ethical responsbility of an attorney is zealously

A

Advocate clients cause

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27
Q

An ethical responsbility of an attorney is to keep the

A

Client resonably informed

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28
Q

An ethical responsbility of an attorney is to abide

A

By restrictions of attorney/client privilege

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29
Q

An ethical responsbility of an attorney when withdrawing is to

A

Take measures to protect client’s interest

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30
Q

Attorney’s fees are usually paid for

A

By each party

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31
Q

Contingency fee arrangements should be

A

Put into writing and explained in depth

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32
Q

A lawyer may act in many roles including:

A

Investigator, drafter, negotiator, advisor, and advocate

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33
Q

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

A

State code of attorney conduct

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34
Q

What does the UCC stand for

A

Uniform Commercial Code

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35
Q

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

A

Uniform Commercial Code

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36
Q

What does the NCCUSL stand for

A

National Conference of Commissioners of Uniform State Laws

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37
Q

What does the NCCUSL do?

A

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

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38
Q

Who staffs the NCCUSL?

A

Professors, attorneys, judges, and legislators

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39
Q

Who appoints the staff of the NCCUSL?

A

The states

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40
Q

What does ALI stand for?

A

American Law Institute

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41
Q

What is the American Law Institute responsible for?

A

Restatements of law

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42
Q

Statutory law is found in

A

State or federal code

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43
Q

Case law is a collection of opinions of

A

Appellate courts

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44
Q

Opinions of trial courts are usually

A

Not published (expect federal trial courts)

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45
Q

Restatements of Law do not

A

Bind courts

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46
Q

Restatements of Law serve as general guidelines which gives

A

Greater weight

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47
Q

Restatements of Law also

A

Dlineate trends in common law

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48
Q

Nation or state surpreme set of laws

A

Consitution

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49
Q

Constitution outlines basic

A

Organization, powers and repsonsibilities of government

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50
Q

Constitution guarantees certain

A

Specified rights to the people

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51
Q

What is a statute?

A

A law passed by the US congress or state legislature

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52
Q

What is an ordinance?

A

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

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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

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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

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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”

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56
Q

What article of the Constitution is the surpremacy clause?

A

Article VI

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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

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58
Q

What are the three branches of government?

A

Legislative, executive, judiciary

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59
Q

The legislative branch of government does what?

A

Makes the laws

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60
Q

The excutive branch of government does what?

A

Enforces the laws

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61
Q

The judicary branch of the government does what?

A

Passes on the consitutionality of the laws

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62
Q

What does “judicial restraint” mean?

A

Courts may avoid deciding issues in a case

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63
Q

Article I Section 8 of US Constitution?

A

Necessary and Proper Clause

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64
Q

What does the Necessary and Proper Clause do?

A

Expressly aurthorizes a number of Congressional legislative power

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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.

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66
Q

What are implied powers?

A

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

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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

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68
Q

Congress has the power to tax as long as it is

A

Revenue producing and not punitive

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69
Q

Congress has the power to spend for the

A

“General welfare”

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70
Q

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

A

Procedural Protections

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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

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72
Q

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

A

US Constitution

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73
Q

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

A

Article 1, Section 8

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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”

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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

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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

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77
Q

Laws that are the exclusive domain of the states

A

State Statutes

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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

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79
Q

Legally, torts are called what?

A

Civil wrongs

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80
Q

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

A

Regulate commerce

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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)

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