Chapter 1,2,3,4,5 Flashcards

1
Q

The U.S Supreme Court was established by?

A

The U.S Constitution

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2
Q

What is the Supreme Law of the land?

A

The. U.S Constitution

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3
Q

The English System of Law ; the body of legal decisions made by English Court judges under the authority of the king, system become the model for the U.S court system

A

Common Law

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4
Q

Federal issues and diversity of citizenship (Claims exceeding 75,000)

A

Trying a Federal Case

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5
Q

Common law beginnings started here in this Country

A

England

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6
Q

The power to hear and decide a case

A

Jursidiction

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7
Q

Liability based upon the concept of liability without fault

A

Strict Liability

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8
Q

In criminal matters a case must be proved

A

Guilty Beyond Reasonable belief

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9
Q

The practice of following precedent and deciding later is called

A

Stare Decisis

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10
Q

Many states established these to provide ast and inexpensive hearing

A

Small court claim

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11
Q

The rules established by government to regulate the conduct of individuals in society

A

Law

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12
Q

The paper containing the defendants stating his or her defense is called

A

Answer

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13
Q

The paper containing the defendants stating his or her defense is called

A

Adjudcated

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14
Q

Trial Courts in federal Courts

A

Us District Courts

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15
Q

Many Cases are settled here at this stage of Ligitation

A

Pre-trial conference

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16
Q

A bank VP took money for his or her own use from customer accounts and made false entries

A

Embezzlement

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17
Q

How officers based an arrest

A

Probable Cause

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18
Q

Punishable by more than one year in prison

A

Felony

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19
Q

Standard of Proof in a civil case

A

Preponderance of Evidence

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20
Q

Where a person is formally notified of the charges in the indictment and is ask to plead guilty or not guilty

A

Arraignment

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21
Q

If a person later loses their case they can

A

Appeal

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22
Q

Consent, Privilege,Necessity and truth

A

Defenses of intentional tort

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23
Q

the term “foreseeability and proximate cause are associated with this tort

A

Negligence

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24
Q

Defamation expressed in Writing

A

Libel

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25
Imposed upon a wrongdoer but the court as a punishment for intentional court
Punitive damages
26
what are the four sources of law?
U.S Constitution Statues Case Law Administrative Regulations
27
What are the Four Function of Law
Protection of Individual and society Protection of Property Promotion of Worthwhile social objectives Settlement of Dispute
28
Unwritten law based on previous court decisions is known as . a. statue law, b. common law c. moral law d.Constitutional law
b. Common Law
29
Laws passed by cities towns and villages are called
Ordinances
30
Laws that protect the right and property of individual from harm by other individual and that provide remedies for any harm cased are called
Civil Law
31
Ethics has assumed a greater role as businesses carry on their day to day operation True or False?
True
32
Violation of business ethics only occur in large corporation True or False
False
33
One ethical issue of major concern to a business owner in ordinary course of work is sexual harassment True or False
True
34
A typical inclusion in a business code of ethics is that it is acceptable for a manager or employee to accept lavish gifts from suppliers True or False
False
35
The Uniform Commericial Code makes the laws of Commericial transactions uniform from one state to another True or False
True
36
The authority of a court to hear a case is known as | a. Certiorari b. Venue c. Jurisdiction d. habeas corpus
C.Jursidcition
37
The US has two seperate distinct courts system called
The federal and local system
38
A Federal case civil or criminal, generally orginates in a federal district court True or False
True
39
The Supreme Court of the US is the only court created by the U.S Constitution True or False
True
40
The Concept of judicial review is an important part of our legal system
True
41
The first amendment to the U.S Constitiution protects against unreasonable searches and seizuers
False
42
An accused person brought to trial for a serious crime does not have a constitutional right to a jury trial in some jurisdictions
False
43
What is insider trading
profiting from advances inside information from a large company
44
What federal law is insider trading violating?
Federal Security and exchange Act
45
The rights read to a suspect who is about to be questioned are called the
Miranda Warnings
46
In criminal cases _____ jurors (in most states) are required by trial.
twelve
47
What is tort law
dealing with private wrongs to an individual
48
what is tort
wrongful act causing damages to someone property
49
what is intentional tort
purposely damages property | ex defamation, Invasion of privacy, trespass
50
what are the two different types of defamation
slander | libel
51
what is is the role of Judiciary
to settle disputes and enforce the law
52
What is the state and local court system
Trial courts Intermidiate courts Last Resorts
53
What are the TWO Jurisdiction
Limited and General Jurisdiction
54
What is Intermediate Appelate Courts
determine a mistake was made during trial courts
55
What are the advantages of small claim courts
no attorney fees | no legal representation is required
56
what are the defenses to intentional tort
Consent : to consent something Privilege: To say something Necessity: Do something to defend themselves
57
A tort is a public wrong | True or False
False
58
Conversion
Buying stolen property
59
In most states the doctrine of comparative negligence has been replaced by contributory negligence True or False
False
60
Contributory Neg.
defense of negligence that led to injury
61
Comparative Neg
comparing neg that led to injury