Test 1 Vocab Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the basis for creation of wealth in nations? this creates and maintains social order and predictability.

A

Rule of Law

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

this is the “what” law. as in what is expected for us to do and not.

A

Substantive law

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

This is the “how” law. how should we go about doing things

A

Procedure law

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

this law type is remedial and private// this law type is punitive and public (gov’t)

A

Civil Law // Criminal Law

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

This is a constitutional right afforded to us by the 4th, 5th, and 14th (for states) ammendments.

A

Due process

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

the position of deciding the ruling of law over someone. This is obtained over the person by consent, location, or arrest

A

Jurisdiction

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

this includes Negotiation, Mediation, Arbitration, and private trial

A

Alternative dispute resolution. alternatives to litigation.

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

this alternative to litigation is the least serious and most affordable. no rules or binding outside of contractual obligations.

A

Negotiations

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

This alternative to litigation includes an intermediary that facilitates negotiations.

A

Mediation

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

This alternative to litigation involves a qualified third party individual to facilitate a private agreement, this is less expensive and less binding than a private trial

A

arbitration

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

This is the most expensive and most binding alternative to litigation or other legal action

A

Private trial

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

This is a testimony taken outside of court, conducted in person

A

Deposition

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

This is a testimony taken outside of court, conducted in writing

A

Interrogatory

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

Attempt, Conspiracy, and Solicitation are all this type of crime

A

Inchoate crimes

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

How is an agency created?

A

The Gov’t commissions agencies with a particular directive and a budget.

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

What is the process to challenge an agency ruling?

A

you must exhaust all internal measures of appeal before seeking outside legal remedy. You can then only challenge the agency for exceeding its scope or failing to follow due process.

17
Q

What is the burden of proof for civil law? // for criminal law?

A

a preponderance of evidence is needed to win Civil // in criminal, there must be proof beyond a reasonable doubt.

18
Q

what does the Erie Doctrine involve

A

involves Erie RR vs old lady Thompkins. basically, don’t go too far down the chain of dominos to sue.

19
Q

Stare Decisis

A

“it has been decided” a philosophy to uphold precedents.

20
Q

To what extent is a corp. liable for the actions of their employees, agents, and officers?

A

to the extent that the acts fell within the special scope of their position in relation to the company. A janitor may not get in trouble for trying to fix contractor fees, but a set of purchasing managers are liable (HH case)

21
Q

What are the two components of a criminal act?

A

Mens Rea - state of mind

Actus Reus - the act itself (or omission)

22
Q

a civil resolution outside of contract law to provide remedies in the form of compensatory damages

A

Tort law

23
Q

Under what case does tort law include punitive damages

A

punitive damages are possible in tort law when there are foreseeable consequences and the tort actions are intentional.

24
Q

What are types of proof of tort damages

A

the Duty or breach of duty by a person. or a breach of duty caused damages in proximity, or there is actual damage

25
Q

Grounds for tort actions

A

intentional, negligent, strict liability

26
Q

Difference between compensatory and punitive

A

compensatory is to compensate for the damages. Punitive is to punish the defendant.

27
Q

how does it matter if defendants of a tort lawsuit were acting in concert or independently?

A

If in concert, they cant cross sue each other. if they were independent, then they can sue each other.

28
Q

What are the main intentional torts?

A
Assault;
Battery;
False Imprisonment;
Intentional inflection of emotional distress;
Defamation
29
Q

When is something a public nuisance? When is it a private nuisance?

A

it is public when it affects a community at large. the public is responsible for this // a private nuisance is limited to close proximity like neighbors. the act must be unreasonable, otherwise the individual’s right to enjoy their property holds.

30
Q

define negligence`

A

not acting as a reasonable person under the circumstances (this factors in a person’s relative position and responsibilities)

31
Q

What is contributory negligence?

A

a defense to a tort action where if the plaintiff shares any portion of the liability/negligence in the matter, then the suit is null. only 3 states uphold this.

32
Q

what is Assumption of Risk?

A

considering the amount of risk actually assumed by each party. a trespasser and a guest have different assumed risks associated with their presence.

33
Q

Comparative fault

A

this defense to tort law is counter to Contributory negligence. it says that the % of risk/fault shared by a defendant matters, and they can be procecuted for that amount (at 50% this nulls)

34
Q

What is Strict Liability

A

liability without defense. these activities are pacticularly dangerous and warrent no excusses.