Test 1 Vocab

Question 1

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

Answer 1

Rule of Law

Question 2

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

Answer 2

Substantive law

Question 3

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

Answer 3

Procedure law

Question 4

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

Answer 4

Civil Law // Criminal Law

Question 5

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

Answer 5

Due process

Question 6

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

Answer 6

Jurisdiction

Question 7

this includes Negotiation, Mediation, Arbitration, and private trial

Answer 7

Alternative dispute resolution. alternatives to litigation.

Question 8

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

Answer 8

Negotiations

Question 9

This alternative to litigation includes an intermediary that facilitates negotiations.

Answer 9

Mediation

Question 10

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

Answer 10

arbitration

Question 11

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

Answer 11

Private trial

Question 12

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

Answer 12

Deposition

Question 13

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

Answer 13

Interrogatory

Question 14

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

Answer 14

Inchoate crimes

Question 15

How is an agency created?

Answer 15

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

Question 16

What is the process to challenge an agency ruling?

Answer 16

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.

Question 17

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

Answer 17

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

Question 18

what does the Erie Doctrine involve

Answer 18

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

Question 19

Stare Decisis

Answer 19

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

Question 20

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

Answer 20

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)

Question 21

What are the two components of a criminal act?

Answer 21

Mens Rea - state of mind

Actus Reus - the act itself (or omission)

Question 22

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

Answer 22

Tort law

Question 23

Under what case does tort law include punitive damages

Answer 23

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

Question 24

What are types of proof of tort damages

Answer 24

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

Question 25

Grounds for tort actions

Answer 25

intentional, negligent, strict liability

Question 26

Difference between compensatory and punitive

Answer 26

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

Question 27

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

Answer 27

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

Question 28

What are the main intentional torts?

Answer 28

``` Assault; Battery; False Imprisonment; Intentional inflection of emotional distress; Defamation ```

Question 29

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

Answer 29

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.

Question 30

define negligence`

Answer 30

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

Question 31

What is contributory negligence?

Answer 31

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.

Question 32

what is Assumption of Risk?

Answer 32

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

Question 33

Comparative fault

Answer 33

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)

Question 34

What is Strict Liability

Answer 34

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