Law Flashcards

1
Q

Constitution

A

Definition: Fundamental principles of government.
Example: United States Constitution.

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2
Q

Statutes

A

Definition: Laws enacted by legislative bodies.
Example: United States Code.

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3
Q

Administrative Agency

A

Definition: Governmental body with regulatory authority.
Example: FDA (Food and Drug Administration).

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4
Q

Precedent

A

Definition: Court decision or ruling that determines the decision in a subsequent, similar case.
Example: Roe v. Wade.

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5
Q

Criminal Law

A

Definition: Law dealing with offenses against society.
Example: Theft, Murder.

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6
Q

Civil Law

A

Definition: Law dealing with enforcement or protection of private rights.
Example: Contract disputes, Personal injury cases.

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7
Q

Felony

A

Definition: Serious crime punishable by imprisonment or death.
Example: Murder, Armed robbery.

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8
Q

Misdemeanor

A

Definition: Less serious crime, typically punishable by fines or short imprisonment.
Example: Petty theft, Disorderly conduct.

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9
Q

Tort

A

Definition: Civil wrong causing harm or loss, leading to legal liability.
Example: Negligence, Defamation.

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10
Q

Tortfeasor

A

Definition: Person committing a tort.
Example: Negligent driver causing a car accident.

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11
Q

Criminal

A

Definition: Person who brings the action in a criminal case is the prosecutor representing the state or government.

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12
Q

Civil

A

Definition: Person who brings the action in a civil suit is the plaintiff, usually an individual or entity seeking compensation or resolution of a dispute.

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13
Q

Purpose of Laws

A
  • Establish rules to avoid disputes.
    • Establish rules to resolve disputes.
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14
Q

Business Law:**

A

Rules of conduct for the performance of business transactions.

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15
Q

Negligence Elements to Prove at Trial

A
  • Duty
    • Breach
    • Causation
    • Damages
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16
Q

Comparative Fault

A

Determines the percentage of fault for all involved parties.

17
Q

Writ of Certiorari

A

Appeal Process- Supreme Court

18
Q

trial court

A

District Court

19
Q

Affirm-Reverse-Remand

A

Court of Appeal

20
Q

Negligence

A

Failure to exercise reasonable care

21
Q

Sources of Law

A

Constitution
* Statutes
* Administrative Agency Rules
* Judicial Decisions

22
Q

bench Trial

A

Trial by Judge

23
Q

Burden of Proof Civil

A

Preponderance of
the evidence

24
Q

Burden of proof Criminal

A

Beyond a
reasonable doubt

25
Q

Business Crimes

A

Crimes against a business or
committed by using a business.

26
Q

Compensatory Damages
General Damages
Special Damages

A

(to make the Plaintiff whole

27
Q

Punitive Damages

A

(to punish the Tortfeasor)

28
Q

Jurisdiction

A

Authority of a court to hear a case

29
Q

Diversity Jurisdiction

A

Diversity
* Amount in controversy

30
Q

Federal question jurisdiction

A

Based on federal law