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Intro to Law > Chapter Three > Flashcards

Chapter Three Flashcards

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1
Q

Federalism

A

a system of a gov in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas

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2
Q

Doctrine of implied

A

powers not stated in the constitution but are necessary for congress to carry out other, expressly granted powers

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3
Q

Preemption

A

the power of the federal gov to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject

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4
Q

Double jeopardy

A

a constitutional protection against being tried twice for the same crime

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5
Q

Civil law

A

law that deals with harm to an individual

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6
Q

Criminal law

A

law that deals with harm to society as a whole

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7
Q

Plantiff

A

a person who initiates a lawsuit

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8
Q

Defendant

A

in a lawsuit the person who is sued, in a criminal case the person who is being charged with a crime

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9
Q

Beyond a reasonable doubt

A

the standard of proof used in criminals trails
the evidence presented must be so conclusive and complete that there are no reasonable doubts regarding the guilt of the accused

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10
Q

Preponderance of the evidence

A

the standard of proof most commonly used in the civil trails

The evidence presented must prove that it is more likely than not the defendant committed the wrongful act

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11
Q

Clear and convincing

A

the standard of proof used in some civil trails

The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt

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12
Q

Damages

A

monetary, compensation, including compensatory, punitive, and nominal damages

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13
Q

Injunction

A

a court order requiring a party to perform a specific act or to cease doing a specific act

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14
Q

Felony

A

a serious crime, usually carrying a prison sentence of one or more years

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15
Q

Misdemeanor

A

a minor crime not amounting to a felony, usually punishable by a fine or a jail sentence of less than a year

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16
Q

Mens rea

A

bad intent

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17
Q

Actus reus

A

bad act

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18
Q

Prima facie case

A

what the prosecution of plantiff must be able to prove in order for the case to go to the jury, that is, the elements of the prosecution’s case or the plantiff’s cause of action

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19
Q

Defense

A

a fact or legal argument that would relieve the defendant of liability in a civil care or guilt in a criminal case

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20
Q

Cause of action

A

a claim that based on the law and the facts is sufficient to support a lawsuit
If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it

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21
Q

Affirmative defense

A

a defense whereby the defendant offers a new evidence to avoid judgement

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22
Q

Sovereign immunity

A

the prohibition against suing the gov without the gov consent

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23
Q

Compensatory damages

A

money awarded to a plaintiff in payment for his or her actual losses

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24
Q

Punitive damages

A

money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others

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25
Nominal damages
a token sum awarded when liability has been found out monetary damages cannot be shown
26
Contract
an agreement supported by consideration
27
Consideration
something of value exchanged to form the basis of a contract
28
Property law
law dealing with ownership
29
Real property
land and objects permanently attached to land
30
Personal property
all property that is not real property
31
Constructive
not factually true, but accepted by the courts as being legally true
32
Legal fiction
an assumption that something that is not real is real
33
Federal
Constitution issues FED statute (IRS codes) FED regulations Constitution imposes limits and scope to congress
34
State law
laws deemed appropriate for health, welfare, safety, morals of their citizens.. as long as they are not prohibited by federal gov criminal behavior, contracts, torts, property, marriage, family
35
State and local can pass additional regulations..
for citizens as long as they do not conflict with FED
36
Standard proof
Beyond a reasonable doubt Clear & convincing Preponderance of the evidence
37
Judgement
Civil- liability or no liability | Criminal- guilty or not guilty
38
Sanctions/Remedies
Civil- damages or injunctions | Criminal- loss of liberty and financial penalty
39
Sources of law
Criminal- statutory | Civil- common law
40
Criminal types of crime
Felonies Misdemeanors Statutory
41
Criminal law prosecution
must have prima facie case mens rea actus reus established the elements of the crime
42
Criminal defense
witnesses who contradict testimony Evidence that establish alibi, self defense, or insanity Self defense Not have the intent (insanity, infancy, intoxication)
43
When is affirmative defense & sovereign immunity used?
Civil defense
44
Example of compensatory
Medical bills | Pain suffering
45
Example of punitive
the person who committed the tort deserves an additional punishment beyond just compensating the plaintiff
46
Example of nominal
losing money from a bank & being the victim in the lawsuit
47
Areas of civil law
contracts torts property law
48
Tort law
law that deals with harm to a person or a person's property private wrong refrain from taking action that would inflict harm on others
49
Intentional tort
a tort committed by one who intends to do the act that creates the harm on a person or that person's property
50
Negligence
the failure to act reasonably under the circumstances and careful
51
Contributory negligence
negligence by the plaintiff that contributed to his or her injury acts as a complete bar to a plaintiff's recovery
52
Assumption of the risk
voluntarily and knowingly subjecting oneself to danger
53
Comparative negligence
a method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate decrease in the compensation for the injuries
54
Strict liability
liability without having to prove fault
55
Procedural law
law that regulates how the legal system operates steps that someone must take to file a lawsuit procedures police must follow in conducting search
56
Statute of limitations
the law that sets the length of time from when something happens to when a lawsuit be filed before the right to bring it is lost
57
Elements of a contract
Agreement Offer Acceptance Consideration
58
Contract defense
breach by the other side and incapacity to contract (underage)
59
Gift law
one sided (offer, an acceptance, delivery)
60
Symbolic delivery
constructive delivery (legal fiction)
61
Three types of torts
Intentional tort Negligence Result of liability
62
Requirements for Negligence
Defendant owed the plaintiff a duty of care Defendant breached that duty The breach caused The plaintiff harm
63
Defense of Negligence
Rebutting plaintiff's evidence Affirmative defense Contributory negligence Assumption of risk
64
Strict liability elements
people who do dangerous activities are responsible for their injuries even if they were doing it in the safest way sellers are liable for their consumers harm
65
Substantive law
defines our rights and duties (ex: speed limits)
66
can a person get monetary damages and a injunction in a civil case?
yes
67
law can be categorized as
criminal vs civil procedural vs substantive state, federal, or local
68
in a civil case, a defendant may raise affirmative defense
true
69
Under strict liability there are times when a defendant can be made liable even though the defendant was not negligent and did not intend to harm anyone
true
70
Charging a person with a criminal violation and suing that person civilly constitutes double jeopardy
false
71
In order for a person to be convicted of a crime, the state must prove
bad intent | bad act
72
The difference between contributory negligence and assumption of risk is that
under contributory negligence the plaintiff failed to act reasonably;under assumption of the risk the plaintiff voluntarily and knowingly subjected himself or herself to a known danger

Intro to Law (11 decks)

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