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Vocab in Topic > #Law > Flashcards

Flashcards in #Law Deck (96):
1

#LAW01.
in compliance with

idiom.
be required by (a rule, law, etc. )

2

#LAW02.
imminent (adj)

adj.
about to happen (usually negative)

3

#LAW03.
litigation

noun.
lawsuit, legal dispute

4

#LAW04.
(copyright) infringement
(patent) infringement
(copyright violation)

noun.
- a violation
- the action of breaking the terms of a law, agreement, etc.

5

#LAW05.
sue

verb.
ex: The smartphone company can be
[sued] any time by its rivals.

6

#LAW06.
settlements

noun.
a deal between two sides to avoid
going to trial

7

#LAW07.
Three sources of law in the US?

1. Common law ~ judge-made
2. Statutory law ~ government-made
3. Executive orders ~ President-made

8

#LAW08.
In the US, the US Constitution is the _______ law of America.

In the US, the US Constitution is the SUPREME law of America.
In Canada, it's called Charter of Rights and Freedom.

9

#LAW09.
In the Western world, Constitutions give the supreme courts BIG power to protect people and companies from BAD action of the governments and government agencies . No law can ____ Constitutions.

In the Western world, Constitutions give the supreme courts BIG power to protect people and companies from BAD action of the governments and government agencies No law can VIOLATE Constitutions.

10

#LAW10.
The Constitution?

The Constitution - most fundamental set of laws containing most basic rights of the people. The government cannot cross the line.

11

#LAW11.
the federal government

Federal government of the United States

12

#LAW12.
The federal government = 3 branches ?

The federal government = 3 branches
- Legislative ~ pass laws (the US Congress)
- Executive ~ enforce, carrying out laws (the US President)
- Judicial ~ interpret & apply laws (the
Supreme Court of the US consisting of 9
justices)

13

#LAW13.
nitty-gritty (detail)

adj.
Very detail and specific

14

#LAW14.
Emancipation Proclamation

One of the most famous Executive Orders that have been made was Emancipation Proclamation by Lincoln, dismantling slavery (freeing all slaves)

15

#LAW15.
dismantle

verb.
take (a machine) into pieces

16

#LAW16.
overturn (a rule)

verb.
invalidate, reverse, abolish

17

#LAW17.
amend (a law)

verb.
make changes, make it better

18

#LAW18.
municipal (law)

adj.
city-government-related

19

#LAW19.
tort (law)

adj.
wrongful act
=>A tort: Wrongful act under CIVIL law
A crime: Wrongful act under CRIMINAL law

20

#LAW20.
Succession law

law on inheritance (from generation to
generation)

21

#LAW21.
tenant

a person who rent a house/room

22

#LAW22.
The differences between Criminal law and Civil law?

Civil law vs. Criminal law:
1. Purpose: compensate, rather than punish
2. Plaintiff vs. Defendant rather than
Complainant vs. Accused
3. Liable rather than guilty
4. Lower burden of proof
5. Each side picks and pays own lawyer
vs. a crown attorney

23

#LAW23.
deter (a crime)

verb.
prevent, discourage

24

#LAW24.
compensate

verb.
give someone sth, typically money.
recompense.

25

#LAW25.
burden of proof

the amount of evidence/proof needed

26

#LAW26.
conviction

noun.
a formal declaration of guilt

27

#LAW27.
abundant

adj.
plentiful
Ex: Evidence must be abundant.

28

#LAW28.
innocent

adj,
ex: Innocent people might be put in jail if the burden of proof is too low.

29

#LAW29.
appoint

verb.
determine, decide
Ex: In criminal law, the victim (complainant) does not have to hire a lawyer, the government will appoint a crown attorney to prosecute the accused.

30

#LAW30.
crown attorney

noun.
attorney appointed by the government
Ex: In criminal law, the victim (complainant) does not have to hire a lawyer, the government will appoint a crown attorney to prosecute the accused.

31

#LAW31.
prosecute

verb.
take legal actions against someone.

32

#LAW32.
The structure of Court system ?

Court system: 3 levels.
1. Trial level
2. Court of Appeal
3. Supreme Court

33

#LAW33.
appeal

verb./noun.
apply to higher court for a reversal of the decision of a lower court.

34

#LAW34.
You don't necessarily have to go to court every time you have a dispute. The reason is disputed issues can be ____ _____ out of court.

You don't necessarily have to go to court every time you have a dispute. The reason is disputed issues can be [settled monetarily] out of court.

35

#LAW35.
damages

noun.
money/compensations awarded, = award remedies
ex: You are not, you can bring the case to court and if you win, you can be awarded with damages.

36

#LAW36.
class action lawsuit

noun.
- a group of plaintiffs all have a similar complaint against one defendant
ex: In other words, when a group of plaintiffs all have a similar complaint against one defendant, the plaintiffs can sue as a group which is called class action lawsuit or just class action.

37

#LAW37.
remedies

noun.
money/damages/awards to the winners

38

#LAW38.
5 types of Monetary remedy ?

5 types of Monetary Damages/Awards
- Pecuniary ~ for financial losses
- Non-pecuniary ~ for pain and suffering
- Aggravated ~ for emotional distress
- Punitive ~ for punishment of bad intent
- Nominal ~ just in theory

39

#LAW39.
Pecuniary damage

Pecuniary damage:
Remedy to compensate for financial losses.

40

#LAW40.
Non-pecuniary damage

Non-pecuniary damages:
Compensate for non-financial losses like pain and suffering, loss of enjoyment of life and shorter life expectancy.

41

#LAW41.
Aggravated damage

Aggravated damages:
Compensate for emotional distress or humiliation

42

#LAW42.
(emotional) distress

noun.
suffering, agony, torment

43

#LAW43.
Punitive damage

Punitive Damages:
The defendant has to pay $$$ to the plaintiff due to bad behavior.

44

#LAW44.
Nominal damages

Nominal damages: - In theory.
For cases which have no losses from each side.

45

#LAW45.
4 Types of Non-monetary Damages?

4 Types of Non-monetary Damages
- An injunction - STOP order
- An order to specific performance
- An accounting - look at financial info
- An Anton-Piller order - Search warrant

46

#LAW46.
An Anton-Piller order

An Anton-Piller order is simply a surprise search warrant allowing search on the defendant premises without prior warning.

47

#LAW47.
Intentional forts?

INTENTIONAL TORTS (15 types)
1. False Imprisonment
2. Malicious prosecution
3. Trespass
4. Trespass to good
5. Conversion
6. Nuisance
7. Assault and Battery
8. Intrusion upon Seclusion
9. Defamation
10. Injurious falsehood
11. Deceit
12. Passing-off
13. Inducing breach of contract
14. Misuse or breach of confidentiality
15. Intentional interference with Economic relations

48

#LAW48.
confine (someone)

verb.
keep and lock in one place

49

#LAW49.
false imprisonment

False Imprisonment - confine a person against their will

50

#LAW50.
suspect

verb.
= doubt, distrust

51

#LAW51.
merchandises

noun.
goods in general sitting in a store/shop

52

#LAW52.
(police) escort (someone)

verb.
accompany
ex: This time again, another security officer approaches you saying you are a theft and escorting you to the police.

53

#LAW53.
infuriated

adj.
extremely angry

54

#LAW54.
allegation

noun.
a claim that someone is doing wrong
ex: You are so infuriated because of the wrong allegation

55

#LAW55.
be tried (for a court)

verb.
be brought to court

56

#LAW56.
malicious prosecution

Malicious prosecution:
- causing a person to be tried for a crime/tort he or she did not commit with an evil intent.
ex: - he's LIABLE FOR malicious prosecution.
- You will then SUE them FOR malicious prosecution and receive awards/damages/remedies

57

#LAW57.
Trespassing

Trespassing:
Enter onto another's land without permission or a legal right to.

58

#LAW58.
Trespass to goods

Trespass to goods
Intentional damage or interference with another's goods or property (rather than land)
ex: Let's say if you are standing in your land but intentionally break another's windows then you will be held liable for trespass to goods and you will be liable to PAY for the repair and replacement costs of the windows plus punitive damages maybe.

59

#LAW59.
Conversion

Conversion:
Stealing or In possession of stolen property
ex: If the phone you legitimately purchased was previously stolen and sold to you by the culprit, you were in possession of stolen property. Even though you did not steal the phone, you are, in fact, in possession of it, and that is conversion. Tricky isn't it?

60

#LAW60.
you are cuffed

@-@
=hands-cuffing

61

#LAW61.
culprit

noun.
a wrongdoer/a criminal

62

#LAW62.
Nuisance

Nuisance:
intentional interference with another's use or enjoyment of their property.

63

#LAW63.
2 types of nuisance?

2 types of nuisance:
Public nuisance ~ happens in government owned land.
Private nuisance ~ private matter between individuals.

64

#LAW64.
Assault vs. Battery

Assault: the threat of physical harm
Battery: intentional actual physical harm

65

#LAW65.
Reasonable force for self-defense

Self-protection can be used as a defense in court for the tort of assault or battery
ex: I used reasonable force for self-defense to avoid the robbery.
ex: There was a genuine fear of injury and I struck the plaintiff for self-protection
ex: I experienced a genuine fear of injury during the confrontation. But I still managed to use reasonable force for my self-protection

66

#LAW66.
provocation
provocative language

ex: F*ck you

67

#LAW67.
mitigate damages/remedies/awards/problems

verb.
make less severe

68

#LAW68.
spank kids

In Canada where I live, parents can spank kids for discipline just like in Vietnam. However, it must be done with open hand on butt to kids aged 2 to 12 and not in anger.

69

#LAW69.
intrusion upon seclusion

invasion to privacy

70

#LAW70.
Defamation

Defamation: a lie that damages the reputation of a person or a company

71

#LAW71.
2 types of defamation

Libel: Written or recorded form of defamation
Slander: Spoken or unrecorded form of defamation

72

#LAW72.
Injurious Falsehood

Injurious Falsehood: A lie that damages the reputation of a product or service

73

#LAW73.
Passing-off

verb.
ex: If you see a company manufacturing fake products let's say fake iPhones, this company has committed the tort of passing-off.

74

#LAW74.
Unintentional Tort?

Negligence

75

#LAW75
Negligence

Negligence.
An unintentional tort caused by unintentional, careless behavior resulting in reasonably foreseeable damages.

76

#LAW76.
incurred (a cost/ fee)

verb.
supposed to pay/bear (a cost)
ex: .... thus you might be liable for all the medical expenses and fees that the plaintiff incurred as well as non-pecuniary damages.

77

#LAW77.
You ___ people around you a _______
Even if you don't do anything wrong, you still have that duty (by law). Make sure they're safe.

You owe people around you a duty of care.
Even if you don't do anything wrong, you still have that duty (by law). Make sure they're safe.

78

#LAW78.
a Fiduciary duty

you may have even HIGHER duty of care if you are a professional
A maximum duty of care. Put clients' interest first and protect them rather than just reasonable duty of care like what previously discussed.

79

#LAW79.
Medical malpractice

Medical malpractice
Incompetent to exercise the duty of care owed to patient.

80

#LAW80.
3 degrees or levels of a crime

3 degrees or levels of a crime:
Misdemeanor - a minor crime
Infraction - a crime
Felony - a serious crime

81

#LAW81.
Arson

Arson is a felony. If you deliberately set fire to a house

82

#LAW82.
Tax evasion

Tax evasion is a serious crime or a felony. If you deliberately evade paying taxes to the governments

83

#LAW83.
Use the words "______" when talking about criminal law. Use "intentional" when talking about civil law.

Use the words "deliberate" when talking about criminal law. Use "intentional" when talking about civil law.

84

#LAW84.
homicide

noun.
Homicide means killing.
You will hear this word a lot on the news. It simply means killing or murdering.

85

#LAW85.
Treason

Treason means betraying one's country.

86

#LAW86.
A misdemeanor

A misdemeanor is a crime with a low level of seriousness, like petty theft, prostitution, reckless driving, vandalism

87

#LAW87.
Petty theft

Petty theft means stealing property but not of high
value such as remote control (sounds familiar?)

88

#LAW88.
Prostitution

Prostitution is a sex trade or a sex occupation

89

#LAW89.
Vandalism

Vandalism means destroying public or private
property in purpose.

90

#LAW90.
Drug trafficking

Drug trafficking: illegal trade of drugs

91

#LAW91.
Human trafficking

Human trafficking: illegal trade of humans, perhaps for the purpose of sexual slavery or forced labor

92

#LAW92.
Smuggling

Smuggling: secretly and illegally bringing products into a countries across the border

93

#LAW93.
white-collar crime

white-collar crime: any kinds of law-breaking activities in business or professional settings.

94

#LAW94.
White-collar vs blue-collar

White-collar: related to office or professional
Blue-collar: Related to physical labor

95

#LAW95.
Infancy

Infancy: not reach certain age to get charged

96

#LAW96.
Duress

Duress: external pressure to commit crime