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Fall 24 > Blaw Exam 1 > Flashcards

Blaw Exam 1 Flashcards

(54 cards)

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1
Q

Plaintiff

A

files suit

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2
Q

Defendant

A

is sued

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3
Q

Disparate Treatment

A

intentional discrimination

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4
Q

Disparate Impact

A

a neutral policy has a discriminatory affect

No hat policy in a store discriminates against people who wear hijabs

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5
Q

Title 7 of Civil Rights act

A

no business leader can discriminate against protected groups

must reasonably accommodate for religion, but only if it doesn’t negatively impact the compay

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6
Q

How do we utilize the law to add value to the company?

A

Companies whose top executives have legal knowledge have higher share prices

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7
Q

Strategic Noncompliance

A

thoughtfully consider a law and purposefully choose to not comply

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8
Q

At Will Employment

A

you can be fired anytime for any reason except for discriminatory reasons

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9
Q

When can you fire someone?

A

You can fire anyone at any time for any reason unless its discriminatory

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10
Q

Legal (Judicial) Opinions

A

Judge explains why they came to their decision

set precedents for future cases, effectively establishes the law in various capacities

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11
Q

IRAC: Issue

A

Blue

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12
Q

IRAC: Rule

A

red

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13
Q

IRAC: Analysis

A

analysis

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14
Q

IRAC: Conclusion

A

pink

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15
Q

IRAC: Facts

A

yellow

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16
Q

Right

A

capacity of a person, with the aid of the law, to require another person or persons to perform, or to refrain from performing, sacred

freedom of speech
freedom of religion

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16
Q

What does the law reflect?

A

Reflects social, economic, political, religious, moral philosophy of society

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17
Q

Duty

A

obligation the law imposes upon a person to perform, or to refrain from performing, a certain act

must pay taxes and go to jury duty

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18
Q

The Law is Prohibitory

A

Certain acts must not be committed

murder

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19
Q

The Law is Mandatory

A

Certains acts must be done

taxes

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20
Q

The Law is Permissive

A

Certain acts may be done

voting

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21
Q

What is the primary function of law?

Study These Flashcards
A

provide security and stability

Dispute resolutions with societal remedies not private remedies

22
Q

What is the secondary function of law?

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A

protect private ownership and make voluntary agreements

Ability to own, possess, and transfer assets

23
Q

What is the third function of law?

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A

preserve government and state

Political action, rather than revolution, rebellion

24
What are the rules of law?
Laws that are made are generally and equally applicable Law applies to lawmakers, as well as to the rest of society
25
Property
Legal right that allows you to exclude others from your resources, right to own
26
What is common property?
owned by more than 1 person (joint ownership)
27
What is Real Property?
real estate, land, anything permanently attached to land (trees, buildings), air rights
28
What is Intangible Property?
intellectual property (patents)
29
Laws and Morals
Law provides sanctions, morals do not
30
What is justice?
fair, equitable, and impartial treatment of competing interests of individual groups not guaranteed by law
31
What is substantive law?
creates, defines, regulates legal rights and duties
32
What is procedural law?
set forth the rules enforcing rights that exist because of substantive law (how court works)
33
Public Law
deals with governments rights and powers and its relationships to individuals or groups
34
Private Law
deals with business
35
Civil Law
defines duties, the violation of which constitutes a wrong against the party injured by the violation Private law Must prove case by a preponderance of evidence (51%), lower standard of proof Burden of proof on plaintiff Purpose is to compensate injured party Lawsuits are civil
36
Criminal Law
establishes duties, the violation of which is a wrong against whole community Public law Beyond a reasonable doubt (99%) Purpose is to punish the wrongdoers
37
What is a tort?
civil wrong
38
What is a specific deterrent?
Someone does something, we want that specific person to be deterred from doing that again
39
What is a general deterrent?
Set a public precedent for everyone to know the punishment of a crime
40
Where do laws come from
legislation and precedents from other cases
41
Are federal laws higher than state laws?
Federal laws trump state laws Weed legal in states, illegal at federal level Government doesn’t enforce illegal weed at federal level, so states can make different laws
42
What is constitutional law?
Establishes government structure and allocates power among government levels, define political relationships
43
What is common law?
Case law, judge made law Laws created through case precedents established Courts can still correct erroneous decisions from the past
44
What use do judicial decisions have?
To determine with finality the case currently being decided To indicate how the court will decide similar cases in the future
45
Common Law
From England Rely on past precedent Parties initiate and conduct litigation, not the court
46
Civil Law
Based on roman law Relies on legislation Inquisitorial system (Judiciary initiates litigations and investigates) Only in Louisiana
47
One of the remedies for equity, Specific performance
perform aspect of contract Seller backs out of a house sale after contract has been signed, ask judge for a specific performance
48
One of the remedies for equity, Injunction
required to act or refrain from acting Ask judge to tell someone to refrain from doing an act
49
One of the remedies for equity, Reformation
change a contract due to a mutual mistake
50
One of the remedies for equity, Recission
invalidates a contract Fraud victim entered a contract, judge orders to rescind from contract
51
Uniform Commercial Code (UCC)
statute covering things such as SALE OF GOODS, credit, bank transactions, conduct of business, warranties, negotiable instruments, loans secured by personal property, commercial matters
52
What is a treaty?
agreement between or among independent nations US constitution authorizes the President to enters into treaties with the advice and consent of the Senate Paris agreement
53

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