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Legal Vocab Flashcards

(69 cards)

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1
Q

Property

A

legal right that allows you to exclude others from your resources

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2
Q

Common Law

A

Emphasizes role of judges

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3
Q

Civil Law

A

relies on legislation

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4
Q

Public

A

regulation of society
constitutional, administrative and criminal

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5
Q

Private

A

regulation of private resources
property, contract, tort

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6
Q

Sources of Law

A

US Constitution
Statutes of Congress
Federal Administration Regulation
State Constitutions
State Statutes
State Administration Regulation
Local Ordinances
Case Law

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7
Q

Trial Court

A

fact and law

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8
Q

Appeal Court

A

issues of law

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9
Q

Jurors

A

fact finding body

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10
Q

Petit Jury

A

verdict

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11
Q

Subject Matter Jurisdiction

A

power over ISSUES involved in case

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12
Q

Diversity of Citizenship

A

different states, 75000+

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13
Q

Judicial Restraint

A

unusual cases, precedent

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14
Q

Judicial Activism

A

needs of society

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15
Q

Personal Jurisdiction

A

over defendant: summons, service of process
long arm statutes
file to sue

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16
Q

Preemptory challenge

A

no cause or reason except race or gender

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17
Q

Burden of Proof

A

standard the plaintiff would have to demonstrate in order to recover damages from the other party

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18
Q

establishment clause

A

no law respect establishment of religionf

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19
Q

free excersise

A

prohibiting free exercise thereof

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20
Q

Commercial Speech

A

speech by business

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21
Q

Eminent Domain

A

nor shall private property be taken for public use without just compensation

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22
Q

Zoning

A

laws that divide counties

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23
Q

Variance

A

change zones

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24
Q

Bailment

A

goods placed in another’s possession to be returned in the future

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25
Warranty Deed
promises grantee that grantor has good ownership and full power to convey it
26
Special/Limited Warranty Deed
limits liability of grantor/seller, does not hold liable for prior
27
Quitclaim Deed
no guarantees
28
Air Right
owner of real property posses the air above the land to a certain extentR
29
Rule of Capture
water naturally flowing, can use fancy machines
30
Mailbox Rules
acceptance becomes legally binding when the offereree dispatches it
31
Offer Revocation viable
when the offeree RECIEVES it
32
Duress
Action that compels another to do what he or she would not otherwise do FORCE/THREAT
33
Undue Influence
When one is taken advantage of unfairly by a party who misuses a position of relationship or legal confidence ABUSING TRUST
34
Consideration
Bargained for exchange: exchange of value between parties (benefit to one and detriment to the other)
35
Minors
cannot be bound and a contract is voidable at minors option
36
Hierarchy of Contracts
handwritten, typed, pre-printed
37
Specific performance
requires the defendant to do what he/she is contractually obliged to do used for UNIQUE SUBJECT MATTER (LAND)
38
Injuction
court order directing party to do/refrain from doing something
39
Recission
Court cancels agreement and returns consideration exchanged to respective party
40
Duty to Mitigate
victim of a breach of contract must take reasonable steps to mitigate damages
41
Intentional Torts
deliberate actions that cause injury/harm : intend to perform the ACT
42
False imprisonment
intentional unjustified confinement of a non consenting person DETAINED
43
Malicious Prosecution
causing someone to be arrested without proper grounds FALSE ARREST
44
Duty of Care
responsibility to another person to exercise reasonable care and skill to avoid causing injury or harm
45
Moral Responsibility vs Legal Duty
Duty is NOT owed for non-conduct
46
Assumption of risk
plaintiff had knowledge of specific risk AND voluntarily assumed that risk
47
Strict Products Liability
Commercial Seller who sells an unreasonably dangerous defective product that causes injury to user
48
Defamation
Publication of untrue statements about another that hold up that individual's character or reputation to ridicule
49
Patent types
utility (function), design (appearance), plant
50
Patent
inventive act conveying right to exclude from making, using, selling or importing covered invention
51
Conspiracy
2+ individuals knowingly agree on a plan or scheme or method for carrying out an illegal act, requiring overt act of at least one
52
Larceny
unlawful taking of personal property (theft/stealing)
53
Robbery
violence, threat
54
Burglary
breaking in w/intention of felony
55
Embexxlement
entrusted money over to someone and used for personal gain
56
Obstruction of Justice
commission of an act with intent to obstruct/interfere with legislative or judicial process
57
RICO
preventing organized crime, person in connection w/ enterprise engages in a pattern of racketeering (at least 2)
58
4th amendment
protects individuals/corporations from unreasonable searches and seizures, warrant and probable cause private residence have higher privacy
59
5th amendment: Grandy Jury
indictment of grand jury for felony charges; determines PROBABLE CAUSE to be investigative body
60
Felony
grand jury indicment
61
Misdormeanor
information charge
62
Diff between limited and general
limited: not personally responsible, not involved in ops, certificate for POB and other counties general: personally liable
63
limited liability partners
all are considered general, can participate in ops, liable for individual negligence, taxed @ partner level, professionals
64
General Partnerships
equal voice in management
65
Corporate Managerial Control
shareholder, BOD, officers
66
Publicly Held Corp
large corps, controlled by management; proxy: agent appointed by shareholder for voting shared
67
Closely Held Corp
on shareholder/small group of shareholder
68
Tort Liability (Respondent Superior)
agent who causes harm to a 3rd may create liability owed by principal to the third (scope of employee: frolic & detour defense)
69

Legal (13 decks)

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