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Gabriella K. > LGS - 200 > Flashcards

LGS - 200 Flashcards

1
Q

tEnd of chapter 2 with begging of 4

A
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2
Q

Judicial review

A

the process by which courts decided on the constitutionality(quality of being in accordance with) of legislative enactments and actions of the executive branch
- Marbury v. Madison - us supreme court

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3
Q

Basic judicial requirements

A

before a lawsuit may be brought before a court, the following must be ment:
1. jurisdiction
2. venue
3. standing to sue

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4
Q

jurisdiction

A

the authority of a court to hear a case and decide a specific action

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5
Q

personam jurisdiction

A

court jurisdiction over the “person” involved in a legal action; personal jurisdiction

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6
Q

long arm statute

A

a state statute that permits a state to obtain personal jurisdiction over nonresident defendants

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7
Q

Federal courts have subject matter jurisdiction in two situations:

A
  • When a federal question is involved - Federal question – A question that pertains to the U.S. Constitution, acts of
    Congress, or treaties.
  • When there is diversity of citizenship
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8
Q

Court procedures

A
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9
Q

Hiring an Attorney

A
  • prior to filing a lawsuit, find help form a LICENSED attorney
  • they provide advice such as probability of success, what’s to be expected, procedures involved, & advantages and disadvantages
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10
Q

Payment of an attorney 3

A
  • fixed
  • hourly
  • contingency
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11
Q

Stages of Litigations 3

A
  • pretrial
  • trial
  • posttrial
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12
Q

Pretiral

A

Involves :
- filing of a pleading
- pretrial motions
- gathering evidence (discovery)

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13
Q

Pleadings

A
  • formal statement made by plaintiff & defendant
  • details the fact, allegations, & defende involved in the litigations
  • 2 parts
    1. complaint - filed by injured party (plaintiff)
    2. answer - filed by the alleged defendant
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14
Q

Complaint

A

-the pleading made by a injured party claiming wrongdoing from defendant - doc. when flied in court instigates a lawsuit

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15
Q

service of process

A

delivery of the complaint & summons to a defendant

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16
Q

administrative agencies

A

a federal OR state gov. agency that was created by the legislature to perform a specific function, such as to make and enforce rules pertaining to the government

17
Q

Enabling legislation

A
  • a statute enacted by congress that authorizes the creation of an administrative agency & specific the specific name, purpose, and power of the agency
18
Q

Federal administrative agencies

A
  • Can ONLY exercise the powers congress has granted them in enabling legislation
  • can NOT regulate beyond powers granted
  • may have to take some regulatory actions as required by the statute
19
Q

Agency examples 1: Federal Trade commision (FTC)

A
  • congress created the FTC in the FTC Act
20
Q

Two types of agencies

A
  1. executive: Federal executive agencies, appointed by the president , reports to executive branch
  2. independent regulatory: OUTSIDE federal executives, president’s power is less valuable
21
Q

tort

A

a civil wrong not arising form a breach of contact.

22
Q

breach

A

a breach of legal duty that proximately causes harm or injury to another

23
Q

2 types of tort

A
  1. wrongs
  2. compensation
24
Q

damages

A

a monetary award sought as a remedy for a breach of contract or a tortious act

25
Q

compensatory damages

A

a money award equivalent to the actual value of injured/damage sustained by the aggrieved party

26
Q

special damages

A

an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as monetary losses

27
Q

List of tort against person

A
  1. assult
  2. abttery
  3. false inprisonment
  4. intentional inflicion of emotional distress
  5. defamation
  6. flauduletn misprepesentation
  7. abusive or frivolus litigation
  8. invation of privaxy
28
Q

Promise

A

a persons assurance that he or she will or will not do some

29
Q

promisor

A

is a person who makes MAKES a promise

30
Q

promisee

A

is a person is a person to whom a promise is MADE

31
Q

contract

A

an agreement that can be enforced in court, formed by 2 parties

32
Q

offeror

A

a person who MAKES an offer

33
Q

offeree

A

a person to

Gabriella K. (10 decks)

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