BG205
Terms
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- Stare decisis is latin for
- "let the decision stand"
- Establishes Congress, presidency, courts, gives state powers not given to fed. gov't, gurantees basic rights for all citizens
- US Constitution:Law of the land
- Statutes are passed by _________and _______gov'ts
- federal and state
- A common law is established by precedent or______
- earlier cases decided on by the court
- created by agencies to make rules and regulations
- Administrative law
-
type of law: gov't presecutes accused
guilt determinded, punishment imposed - criminal
- type of law: regulates rights and duties, victim (not gov't) brings suit, compensation ordered
- civil
- type of law: defines rights of people
- substantive law
- type of law:establishes processes for settling disputes
- procedural law
- type of law:sets duties of gov't to its citizens
- public law
- type of law:regulates duties btwn indiciduals
- private law
- study of how people ought to act
- ethics
- the four theories of social respobsibilites of business are
- mazimize profits, moral minimum, stakeholder interest, corporate citizensip
- litigation refers to lawsuits and is the process of _____________
- filing claims in court and ultimately going to trial
- Alternative Dispute Resolution type: parties make offers, counter offers, may be face to face or thru lawyers
- negotioation
- Alternative Dispute Resolution type: neutral person attepts for a voluntary settlement, may be ordered by judge, mediator does not render decision, neutral person and peoples discussion are confidential
- mediation
- neutral person, doesn't render binding desicion, may be mandatory if chosen in advance, most expensive
- arbitration
- Alternative Dispute Resolution type:three "judges", 2 are execs of corps. other is neutral, lawyers present shortened cases,"judges" discuss settlement
- mini trial
- statute is a
- law passed by legislative body
- General civil and gengeral _____ are trial courts of general jurisdiction w/one judge
- criminal
- trial cours of limited jurisdiction include
- small claims, jevenile division, land division, municipal, probate, and domestic relations divisions
- lower appeals has three judges and a jury t or f
- f)no jury
- to get from court of appeals to supreme court, one must file a what document
- cert
- law is what the sovereign says it is, decision stands regardless or morality
- legal positism
- an unjust law is no law at all
- natural law
- enforcement of the law is more important than the law itself
- legal realism
- tort. contract, and agency law, important in property and employment (type of law)
- common, based on stare decisis
- introduce bill, debated at house, goes to full house where voted on, if vetod, congress can win w/a 2/3 vote
- procedure for a law
- legal positism, natural law, legal realism are all
- jurisprudence
- judge make decision w/out jury
- equity
- if ratified by the senate, _______can be a source of law
- treaties
- common, administrative, constitutions, and statutes are all a part of what
- sources of contemporary law
- congress passes which of the following? common, admin, statutory, stare decisis
- statutory
- Two kinds of civil lawsuits permitted
- federal question cases, and diversity cases
- a claim based on a fed statute, fed treaty or us constitution (kind of civil lawsuit)
- federal qeustion case
- $50000 plus, citizens of different states (kind of civil lawsuit
- diversity case
- plaintiff represents a class of people who were wronged in a _______case
- class action
- counter claim
- reversing the lawsuit
- a depostion is __________
- interview of other parties potential witnesses
- undisputed facts must be dismissed in a request for _______
- admission
- trial is not necessary because there are no essential facts
- summary judgement
- voir dire refers to______
- the selection of the jury
-
12 jurors, 2 alternates
preemptory jurors are - jurors who are dismissed w/no reason (certain number)
- civil case, the proof needs to be ___________(slightly more likely to be true
- preponderence of evidence
- in a criminal case, the proof needs to be _________
- beyond a reasonable doubt
- direct examination is when a side interviews which witnesses?
- it's own
- defendent questions witnesses
- cross examination
- ________verdict is asked for by the defendant if he believes the plaintiff's case is not worth it
- directed
- asking for an overturn of the verdict on legal technicality or if the jury ignores substantial evidence
- judgement nov>if denied the losing side may request a new trial
- appeals are seen by appeals courts and affirm the verdict, modify the award, reverse and remand (send it back to trial) or _____the lower courts decision
- overturn
- settlement may happen ________
- at any time
- which alternative approach causes the greatest good (or least harm) to the most people?
- utilitarian approach
- The concept of _______ imperative states that you should not do something unless you would be willing for everyone else to do it as well.
- categorical
- ________ serve two purposes: they act as sounding boards for employees with ethical dilemmas; and they also enforce ethical standards within the company.
- ethics officers
- sovereigns are recognized powers that citizens obey
- fed and state gov'ts
- jurisprudence is the study of _____
- purposes and philosophy of law
- an order from the gov't
- writ
- judge overturns the jury verdict
- judgement nonobstante verdicto
- _________ courts resolve marital disputes and child custody issues, not estates.
- domestic relations
- a discovery _________
- Discovery gives both parties the opportunity to examine the most of the evidence that the other side will bring to trial.
- a challenge for a cause comes up if ________
- there's a bias by a juror
- legislation passes a _____law
- statutory
- common sense definition of words
- plain meaning rule
- an agency is created when congress passes ________describing the prob and defining agencie's powers
- enabling legislation
- regulate how agencies operate for less controversy
- administrative procedure act
- _______rules require businesses and ppl to act a certain way
- legislative rules
- _____rules apply to new situations
- interpretive
-
informal rule making:published for public
formal:must hold public hearing before establishing rule, a mixture of both is called - hybrid rule making
- ____means to hold a hearing then decide how to proceed
- adjudicate
- de novo decision ignores
- the administrative judges decision in adjudication
- freedom information act allows a citizen
- info on any agency
- prohibits agencies from giving out personal info
- privacy act
- all citizens are entitled to records about them
- freedom information act
- Article 1 establishes congress by the two_______; gives congress powers
- houses
- constitution, fed. treatings and statutes are the law of the land
- supremecy clause
- Article 2 defines the powers of _________
- the president
- ________created the supreme courts and permits congress to create lower federal courts
- Artile3
- nobody should be deprived of life liberty and law
- 5th amendment
- takings clause under the 5th amendment states that the government_______
- cant take private land w/out compensation
- procedural due
- makes sure the person gets a fair deal
- substantive due
- gov't cant take at all
- amendment, equal protection
-
14th
usually acceptable based on social status, sometimes acceptable based on gender, not acceptable based on race, fundamental rights - looks and acts like a town, constitution applies
- state action doctorine
- restricted covenants
- supercededes constituitional protection
- judicial restraint
- leaving law making to legislation
- _______ activism is a court’s willingness to become involved in major issues, such as the power of the President to seize steel mills.
- judicial activism
- defamation is a tort that ______(did it to KLE)
- make wrong statement about somebody, verbal is slander, written is libel
- _____is a tort of performing wrong surgery
- negligence, injusry, forseeable harm, factual cause, duty must be breached, duty of due care
- fraud is
- offering to sell something that does not exist
- commercial exploitation
- someones voice is used w/out permission
- violation of standart care set by statute; a dui is negligence per se if someone is injured because
- dui is against the law