Exam 1 Flashcards
(196 cards)
1
Q
a tribunal established by govt to hear and decide matters properly brought to it
A
court
2
Q
the power of a court to hear and determine a given class of cases, the power to act over a particular defendant
A
jurisdiction
3
Q
judicial authority to hear a particular type of case
A
subject matter jurisdiction
4
Q
the authority to hear a controversy when it is first brought to court
A
original jurisdiction
5
Q
the power to hear and decide most controversies involving legal rights and duties
A
general jurisdiction
6
Q
the authority to only hear particular kinds of cases
A
limited (special) jurisdiction
7
Q
the power of a court to hear and decide a given class of cases on appeal from another court of administrative agency
A
appellate jursidiction
8
Q
taking a case to a reviewing court to determine whether the judgement of the lower court or admin agency was correct
A
appeal
9
Q
an error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court
A
reversible error
10
Q
action taken by an appellate court that approves the decision of the court below
A
affirm
11
Q
the term used when the appellate court sets aside the verdict or judgement of a lower court
A
reverse
12
Q
term used when an appellate court sends a case back to trial court for additional hearings or a new trial
A
remand
13
Q
a general trial court of the federal system
A
fed district court
14
Q
the term used when the full panel of judges on the appellate court hears a case
A
en banc
15
Q
the US supreme court granting a right of review by the court of the lower court decision
A
writ of certiorari
16
Q
courts that resolve disputes between parties when those disputes do not exceed a minimal level, no lawyers are permitted, the parties represent themselves
A
small claims court
17
Q
party who initiates a lawsuit
A
plaintiff
18
Q
party who originates a criminal proceeding
A
prosecutor
19
Q
party charged with a violation of civil or criminal law in a proceeding
A
defendant
20
Q
primary officer of the court
A
judge
21
Q
right of individual to have discussions with his/her attorney kept private and confidential
A
attorney client privilege
22
Q
a body of citizens sworn by a court to determine by verdict the issues of fact submitted to them
A
jury
23
Q
the initial pleading filed by the plaintiff in many actions, which in many states may be served as original process to acquire jurisdiction over the defendant
A
complaint
24
Q
paperwork served personally on a defendant in a civil case
A
process
25
what a defendant must file to admit or deny facts asserted by the plaintiff
answer
26
a pleading that may be filed to attack the adverse partys pleading as not stating a cause of action or a defense
motion to dismiss
27
a pleading to dismiss the adverse partys pleading for not stating a cause of action or a defense
demurrer
28
a claim that the defendant in an action may make against the plaintiff
counterclaim
29
the papers filed by the parties in an action in order to set forth the facts and frame the issues to be tried, although, under some systems the pleadings merely give notice or a general indication of the nature of the issues
pleadings
30
procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
discovery
31
the testimony of a witness taken out of court before a person authorized to administer oaths
deposition
32
using prior inconsistent evidence to challenge the credibility of a witness
impeach
33
written questions used as a discovery tool that must be answered under oath
interrogatories
34
discovery tool for uncovering paper evidence in a case
request for production of documents
35
request that the court decide a case on basis of law only because there are no material issues disputed by the parties
motion for summary judgement
36
one who has acquired special knowledge in a particular field as through particular experience or study, or both, whose opinion is admissible as an aid to the trier of fact
expert witness
37
the preliminary exam of a juror or a witness to ascertain fitness to act as such
vior dire exam
38
statements by opposing attorneys that tell the jury what their cases will prove
opening statements
39
the quality of the evidence in a case that allows it to be presented to the jury
admissibility
40
exam of a witness by his or her attorney
direct exam
41
the exam made of a witness by the attorney for the adverse party
cross exam
42
questioning after cross exam, in which the attorney for the witness testifying may ask the same witness other questions to overcome effects of the cross exam
redirect exam
43
an exam by the other sides attorney that follows the redirect exam
recross exam
44
a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
directed verdict
45
the attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury
summation
46
a courts declaration that terminates a trial and postpones it to a later date, commonly entered when evidence has been of a highly prejudicial character or when a juror has been guilty of misconduct
mistrial
47
summary of the law given to jurors by the judge before deliberation begins
instruction
48
a judgement entered after verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgement should be entered the opposite of the verdict
judgement nov, non obstante veredicto
49
carrying out out of a judgement of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgement creditor
execution
50
name given in some states to attachment proceedings
garnishment
51
settlement of disputed questions, whether of law or fact, by one or more arbitrators by whose decision the parties agree to be bound
arbitration
52
settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers in the case
mediation
53
settlement that allows a nonparty to resolve the dispute
reference to a third party
54
a court created by a trade association or group for the resolution of disputes among its members
association tribunal
55
a mock or dry run trial for parties to get a feel for how their cases will play to a jury
summary jury trial
56
dispute resolution through private courts with judges paid to be referees for the cases
rent a judge plan
57
a trial held on portions of the case or certain issues in the case
minitrial
58
branch of philosophy dealing with values that relate to the nature of human conduct and values associated with that conduct
ethics
59
balancing the goal of profits with values of individuals and society
business ethics
60
law enacted and codified by govt authority
positive law
61
a system of principles to guide human conduct independent of, and sometimes contrary to, enacted law and discovered by mans rational intelligence
natural law
62
the term used when natural law proponents violate positive law
civil disobedience
63
standard of ethics that requires that we avoid one sided benefit for us as a result of a conduct or decision
kants categorical imperative
64
the Locke and Rawlsian standard for ethics that requires that we all agree on certain universal principles in advance
theory of justice
65
the agreement under Locke and Rawls as to what our ethical standards will be
social contract
66
Nozicks theory of ethics that we all have a set of rights that must be honored and protected by govt
rights theory
67
another name for Nozicks theory that we all have certian rights that must be honored and protected by govt
entitlement theory
68
theory of ethics that we should all act in our own self interst, the Ayn Rand theory that separates guilt from acting in our own self interest
ethical egoism
69
theory of ethics based on doing the most good for the most people in making decisions
utilitarians
70
those who make decisions based on circumstances and not on a basis of any predefined standards
moral relativists
71
those who have a stake, or interest, in the activities of a corp, these include employees, members of the community in which the corp operates, venders, customers, and any other who are affected by the actions and decisions of the corp
stakeholders
72
when a decision maker views a problem from different perspectives and measures the impact of a decision on various groups
stakeholder analysis
73
the adherence to ones values and principles despite the costs and consequences
integrity
74
conduct that compromises an employees allegiance to that company
conflict of interest
75
above all, do no harm
primum non nocere
76
the system of govt in which a central govt is given power to administer to national concerns while individual states retain the power to administer to local concerns
federal system
77
a body of principles that establishes the structure of a govt and the relationship of the govt to the people who are governed
constitution
78
three part division
tripartate
79
the branch of govt forms to make the laws
legislative branch, congress
80
the branch of govt formed to execute the laws
executive branch, president
81
the branch of govt form to interpret the laws
judicial branch, the courts
82
a two house form of a legislative branch of govt
bicameral
83
powers expressly granted the national govt by the constitution
delegated powers
84
powers that are held by both state and national govt
shared powers
85
the power to govern, the power to adopt laws for the protection of the public health, welfare, safety, and morals
police powers
86
a law making criminal an act that was lawful when done or that increases the penalty when done, such laws are generally prohibited by constitutional provisions
ex post facto laws
87
federal govts superior regulatory position over state laws on the same subject area
preemption
88
a strict constructionist interpretation of a const
bedrock view
89
when a constitution is interpreted according to changes in conditions
living document view
90
that section of the US constitution allocating business regulation between federal and state govts
commerce clause
91
a guarantee of protection against the loss of property or rights without the chance to be heard
due process clause
92
forms of hearings in which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard
quasi judicial proceedings
93
a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state
privileges and immunities clause
94
govt body charged with administering and implementing legislation
administrative agency
95
law governing administrative agencies
administrative law
96
federal law that establishes the operating rules for administrative agencies
administrative procedure act
97
federal law permitting citizens to request documents and records from administrative agencies
freedom of info act
98
law that requires advance notice of agency meeting and public access
open meeting law
99
fed law requiring agencies to make public disclosure of proposed rules, passed rules, and activities
fed register act
100
govt publication issued five days a week that lists all admin regulations, all presidential proclamations and executive order, and other documents and classes of documents that the president or congress direct to be published
federal register
101
judicial figure who hears administrative agency actions
admin law judge
102
negotiated disposition of a matter before an admin agency, generally without public sanctions
informal settlements
103
informal settlements of enforcement actions brought by agencies
consent decrees
104
another name for an administrative law jude
hearing officer, examiner
105
in admin actions, third party who have an interest in the issues being determined by an ALJ
intervenors
106
order issued by a court or admin agency to stop a practice that it decided is improper
cease and desist order
107
req that an agency make its final decision before the parties can go to court
exhaustion of admin remedies
108
violation of the law that is punished as an offense against the state or govt
crime
109
criminal offense with a sentence of less than one year that is neither treason nor a felony
misdemeanor
110
criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by statute
felony
111
fed standards used bu judges in determining mandatory sentence terms for those convicted of fed crimes
fed sentencing guidelines
112
fed reforms passed as a result of the collapses of companies such as Enron, provides for longer sentences and higher fines for both executives and companies
white collar crime penalty enhancement act of 2002
113
crimes that do not use nor threaten to use force or violence or do not cause injury to person or property
white collar crimes
114
agreement between two or more persons to commit an unlawful act
conspiracy
115
federal law, initially targeting organized crime that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of rackettering
rackateer influended and corrupt organizations act RICO
116
qualifying inderlying offense for RICo liability
predicate act
117
illegal demand by a public officer acting with apparent authority
extortion
118
extortion demands made by a nonpublic official
blackmail
119
fed law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business, such as contracts for sales and services, also imposed financial reporting req of certain US corps
foreign corrupt practices act FCPA
120
fraudulently making or altering an instrument that apparently creates or alters a legal liability of another
forgery
121
crime of issuing or delivering a forged instrument to another person
uttering
122
statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer
embezzlement
123
wrongs committed using a computer or with knowledge of computers
computer crimes
124
fed law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and info from a computer to an unauthorized person
economic espionage act EEA
125
allows private companies to bring suit against spammers for their unauthorized use of internet service providers
controlling the assult of non-solicited pornography and marketing act
126
privacy protection in the US Const, prohibits unauthorized searches and seizures
fourth amend
127
judicial auth for a search of property where there is the expectation of privacy
search warrant
128
constitutional protection against self incrimination, also guarantees due process
fifth amend
129
warnings required to prevent self incrimination in a criminal matter
miranda warnings
130
the constitutional right to be heard, question witnesses and present evidence
due process
131
the US const amend that guarantees a speedy trial
sixth amend
132
civil wrong that interferes with ones property or person
tort
133
civil wrong that results from intentional conduct
intentional tort
134
failure to exercise due care under the circumstances in conseqence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due care
negligence
135
civil wrong for which there is absolute liability because of the inherent danger in the underlying activity, for example the use of explosives
strict liability
136
intentional detention of a person without that persons consent, called the shoplifters tort when shoplifters are unlawfully detained
false imprisonment
137
right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment
shopkeepers priviliege
138
tort that produces mental anguish caused by conduct that exceeds all bounds of decency
intentional infliction of emotional distress
139
tort of intentional intrusion into the private affairs of another
invasion of privacy
140
untrue statement by one party about another to a third party
defamation
141
defamation of character by spoken words or gestures
slander
142
written or visual defamation without legal justification
libel
143
complete defense against the tort of defamation, as in the speeches of members of congress on the fllor and witnesses in a trial
absolute privilege
144
media privilege to print inaccurate info without liability for defamation, so long as a retraction is printed and there was no malice
qualified priviliege
145
malicious making of false statements as to a sellers titel
slander of title
146
written defamation about a product or service
trade libel
147
false statements made about a product or business
product disparagement
148
tort is which a third party interferes with others freedom to contract
contract interference
149
unauthorized action with respect to person or property
trespass
150
when services are not properly rendered in accordance with commonly accepted standards, negligence by a professional in performing his or her skill
malpractice
151
negligence of the plaintiff that contributes to injury and at common law bars recovery from the defendant although the defendant may have been more negligent than the plaintiff
contributory negligence
152
mark that identifies a product
trademark
153
mark that identifies a service
service mark
154
capable of serving the source identifying function of a mark
distinctiveness
155
through advertising, use and association over time, an ordinary descriptive word or phrase has taken on a new source identifying meaning and functions as a mark in the eyes of the public
acquired distinctiveness
156
a legal term signifying the words in question have taken on a new meaning with the public, capable of serving a source identifying function of a mark
secondary meaning
157
products total image including its overall packaging look
trade dress
158
those who register and set up domain names on the internet for resale to the famous users of the names in question
cybersquatters
159
exclusive right given by fed statute to the creator of a literary or an artistic work to use, reproduce, and display the work
copyright
160
showing that an invention as a whole would have been obvious to a person or ordinary skill in the art when the invention was patented
prior art
161
any formula, device, or compilation of info that is used in ones business and is of such a nature that it provides an advantage over competitors who do not have the info
trade secret
162
specific form of expression embodied in a chip design, including the stencils used in manufacturing semiconductor chip products
mask work
163
product placed on a piece of semiconductor matierial in accordance with a predetermined pattern that is intended to perform electronic circuitry functions
semiconductor chip product
164
a binding agreement based on the genuine assent of the parties, made for a lawful object, between competent parties, in the form required by law, and generally supported by consideration
contract
165
person who makes a promise
promisor
166
person to whom a promisor is made
promisee
167
another name for promisor
obligor
168
promisee who can claim the benefit of the obligations
obligee
169
succession or chain of relationship to the same thing or right such as privity of contract, privity of estate, prvity of possession
privity
170
relationship between a promisor and the promisee
privity of contract
171
person qho makes an offer
offeror
172
person to whom an offer is made
offeree
173
written conracts or agreements whose formality signifies the parties intention to abide by the terms
formal contract
174
contract executed by affixing a seal or making an impression on the paper or on some adhering substance such as wax attached to the document
contract under seal
175
obligation entered into before a court to do some act, as to appear at a later date for a hearing
recongnizance
176
simple oral or written contract
informal contract
177
agreement of the parties manifested by their words, whether spoken or written
express contract
178
contract expressed by conduct or implied or deduced from the facts
implied contract
179
agreement that is binding and enforceable
valid contract
180
agreement that is otherwise binding and enforeable but may be rejected at the option of one of the parties as the result of specific circumstance
voidable contract
181
agreement that cannot be enforced
void agreement
182
agreement that has been completely performed
executed contract
183
agreement by which something remains to be done by one or both parties
executory contract
184
agreement under which one promise is given in exchange for another
bilateral contract
185
contract under which only one party makes a promise
unilateral contract
186
contract to hold an offer to make a contract open for a fixed period of time
option contract
187
right of a party to meet the terms of a proposed contract before it is executed, such as a real estate purchase agreement
right of first refusal
188
court imposed obligation to prevent unjust enrichment in the absence of a contract
quasi contract
189
as much as deserved, an action brought for the value of the services rendered the defendant when there was no express contract as to the purchase price
quantum meruit
190
expression of an offerors willingness to enter into a contractual agreement
offer
191
agreement consisting of two or more parts, each calling for corresponding performances of each part by the parties
divisible contract
192
contract to buy all requirements of the buyer from the seller
requirements contract
193
contract of a producer to sell its entire production or output to a given buyer
output contract
194
offer stated to be held open for a specified time, under the UCC, with respect to merchants
firm offer
195
proposal by an offeree to the offeror that changes the terms of, and thus rejects the originial offer
counteroffer
196
unqualified assent to the act or proposal of another, as the acceptance of a draft, of an offer to make a contract, of goods delivered by the seller, or of a gift or deed
acceptance
