Final Study Flashcards
(200 cards)
If a provision in the fl. Constitution conflict with a provision in the us constitution. Under the supremacy clause what will happen
Preemptive law states the us constitution takes precedence
In export co vs imports inc there is no precedent on which the court can base a decision. The court can consider among other things
The court should use public policy
To Serena the written law of a particular society at a time is most significant. Serena is using which school of legal jurisprudence
Positivist school
Jack filed a lawsuit against Daniel alleging that Daniel damaged his vehicle during a car accident. In this case jack is the
Plaintiff
Amanda was arrested and has requested an attorney to represent her she is availing her right under
Procedural law
Sam just attempted to murder his neighbor. He has violated a
Criminal law
George believes that our laws should reflect the idea that we all have basic rights based on universal moral principles due and that these rights are inherent to our nature. He takes WHAT view of jurisprudence
Natural law
If you are doing buisness in Georgia and want to create a transaction with another buisness in fl. You can do so with the assurance that the transaction will be honored from state to state with
Uniform commercial code
Pew ab exectutive with black spot corp. follows the principle of rights theory under which an action may be ethical depending on how it affects
The right of others
Mr hobbard is being sued for burning the flag and has appealed the case. If the court is asking the question is flag burning a form of speech protected by first amendment then how are they approaching this case
Question of law
In roe vs wade the Supreme Court ruled that abortions are legal and thus created a type of judge made law called
Case law
The fda developed and implemented requirements for handling raw meats that must now be placed on food packaging thru this type of law
Administrative law
In the oj Simpson case his attorneys tried to get the trial moved to another country courthouse because he was concerned he would not get a fair trial in the county of the crime. He was asking for a change of
Venue
Justin has been formally served with a complaint that he is being sued by the IRS and ordered to appear in court where he will provide his answer this complaint and answer are called
Pleadings
In order for kallie to sue Jennifer she must have a sufficient stake in the controversy and have suffered some injury this is called
Standing to sue
During jims trial his attorney was required to provide the opposing attorneys with the physical evidence collected at the crime scene based on
Discovery
During a trial Susan wanted to testify that john told her that Richard said that he killed his boss that would be considered
Hearsay
The Supreme Court has asked to or agreed to hear a case involving child pornography in order to require that the case be sent to them for review that would issuer an
Writ of certiorari
Mr cardegna had a complaint about his contract with btw company and was required to settle it by using neutral 3rd party who renders a legally binding decision called
Arbitration
In the arbitration case between ms Rollins and her employer the arbitrator ruled that the company must pay her 1 yr back pay this decision is called the
Award
This clause in the us constitution insures to prevent a state from discriminating against citizens of other states unless there is substantial reason
Privileges and immunities clause
The belief that humans are different from objects and should not be treated as objects
Kantian ethics
When mr Spock sacrificed himself to save the rest of his crew he said that the good one that many outweigh the good of the few or the one he was demonstrating what principle of ethics
Utilitarianism
A process in which the individual examines the situation in light of the consequences if everyone in society acted the same way
Categorical imperative