Part 4b: Advanced Substantive Law Flashcards
Prisoner test legality of extradition is called______
Habeas corpus
Term for where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement.
extradition
a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
garnishment
A contractual agreement with an owner who holds a working interest in an oil and gas lease to assign all or part of that interest to another party in exchange for fulfilling contractually specified conditions.
farmout
note: The farmout agreement often stipulates that the other party must drill a well to a certain depth, at a specified location, within a certain time frame; furthermore, the well typically must be completed as a commercial producer to earn an assignment. The assignor of the interest usually reserves a specified overriding royalty interest, with the option to convert the overriding royalty interest to a specified working interest upon payout of drilling and production expenses, otherwise known as a back-in after payout (BIAPO).
Trademark act of 1946 is called _____
The Lanham Act
What agency in charge of hydroplants?
non-federal hydro: Federal Energy Regulatory Commission (FERC)
federal hyrdo: The Bureau of Reclamation and the U.S. Army Corps of Engineers
Businesses not allowed to charge different fees, from what act?
Robinson-Patman Act (amendment of the Clayton Act)
Threat of physical harm, with reasonable ability?
Assault
note: if the threatening words are accompanied by some action that indicates the perpetrator has the ability to carry out a threat, an assault has occurred.
* pointing a gun without an accompanying verbal threat is still an assault, assuming the victim saw the gun.
Unlawful physical conduct (often an act of violence, but also unwelcome sexual contact)
battery
Real estate transactions are governed by________
a wide body of federal statutes and a combination of state statutes and common law. The requirements established by state law often differ significantly from one state to the next.
Civil proceedings use _______ to file their positions:
Pleadings
The first pleading of the case is the ______
Complaint
What is needed to file a complaint?
- jurisdictional basis for the court’s power,
- the plaintiff’s cause of action,
- and a demand for judicial relief.
When marriage is invalidated, children are the legitimate children of
Both mother and father
T/F: The Jones Act is a federal law that regulates maritime commerce in the United States.
True (The Jones Act requires goods shipped between U.S. ports to be transported on ships that are built, owned, and operated by United States citizens or permanent residents.)
“Totten trusts.”
a payable-on-death (POD) bank account—an account for which you name a beneficiary, who inherits the funds in the account after your death.
When does real estate contract become official property?
when seller receives money?
Malpractice is considered what type of tort?
professional tort/negligence
Act for notifying communities of toxic substance release?
Emergency Planning and Community Right-to-Know Act of 1986
Limitations and exceptions to copyright:
fair use doctrine
Garnishment
a court order directing that money or property of a third party (usually wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
Motion to exclude criminal record from unrelated case matter?
In Limine
Nolo Contendre
implied confession which admits the facts charged in the indictment and thus is similar to a guilty plea. Main diff: cannot be used in a subsequent civil suit.
When does a decendent’s tax year begin?
The date of death
probate is necessary only for property that was:
- owned solely in the name of the deceased person—for example, real estate or a car titled in that person’s name alone,
- a share of property owned as “tenants in common”—for example, the deceased person’s interest in a warehouse owned with his brother as an investment.
formerly known as the fiduciary income tax return.
The IRS requires the filing of an income tax return for trusts and estates on Form 1041
formerly known as the fiduciary income tax return.
The IRS requires the filing of an income tax return for trusts and estates on Form 1041.
inheritance tax return
a state tax that you pay when you receive money or property from the estate of a deceased person. Unlike the federal estate tax, the beneficiary of the property is responsible for paying the tax, not the estate
blue-sky law
a law regulating the sale of securities, intended to protect the public from fraud.
C corporation
A corporation that chooses to be taxed at the corporate level
S corporation
A corporation that chooses to be taxed at the individual’s level
B corporation
B corps are different from C corps in purpose, accountability, and transparency, but aren’t different in how they’re taxed.
Close corporation
have a less traditional corporate structure. can be run by a small group of shareholders without a board of directors.
Cooperative
a business or organization owned by and operated for the benefit of those using its services. Profits and earnings generated by the cooperative are distributed among the members, also known as user-owners. Typically, an elected board of directors and officers run the cooperative while regular members have voting power to control the direction of the cooperative.
Domestic Corporation
A domestic corporation is a company that conducts its affairs in its home country. It is often taxed differently than a corporation from overseas and may be required to pay duties or fees on the importation of its products.
