Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

C101 > Midterm > Flashcards

Midterm Flashcards

1
Q

legal system

A

a collection of practices and institutions that vary from country to country and over time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

formal law

A

official law that targets a specific rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is common law?

A

A body of rules that comes from England. They are accumulated body of rules and precedent that is created by judge’s rulings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

precedent

A

an official doing over and over again under similar circumstances that are done by his precedants

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

State courts handle what percentage of all legal cases filed as compared to Federal Courts?

A

98%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How many supreme court justices are there

A

9

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the three main types of disputes

A

1) private disputes- gov. is not participant (divorce)
2) public initiated disputes- gov. enforcing social norms and punishing wrong behavior (criminal)
3) public defendant- gov. is being sued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the power of judicial review

A

judges can use a constitutional standard against other branches of gov.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

why is legal procedure as vital as substance

A

it is how we maintain the perception of legitimacy for the whole system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the difference in responsibility for civil and criminal cases

A

civil- pro ponderous of evidence (more likely than not)

criminal- beyond a reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

contracts

A

voluntary agreement between two or more people who strike a bargain and come to an accord

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the four parts of a contract

A

offer, acceptance, consideration, and capacity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a tort

A

a civil wrong or conduct that causes injury to another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

reasonable person standard

A

judged by what an imaginary person would do under the same circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

real property

A

real estate- land and whatever buildings or crops are found on it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

personal property

A

everything else that gives one private ownership in the eyes of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

legal mobilization

A

the process of making use of one’s legal rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what is a dispute

A

a social construct dependent on their experience and perception

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is pie

A

perceived injurious experience

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what are the steps to disputes

A

naming –> pie –> blaming —> grievance —> claiming —> dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What percentage of cases are settled or lumped

A

96%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

three social purposes of torts

A

FIC

Fairness, compensation, and incentives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

intent in tort law

A

substantial certainty that an offensive contract would occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

unintentional torts

A

failure by a person of ordinary knowledge and intelligence to act with reasonable care in light of the circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

intentional infliction of emotional distress

A

extreme conduct that causes severe emotional stress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

fraud

A

lying to someone that causes harm (personal gain)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

two types of defamation

A

defamation- lie that hurts someone’s rep.
slander- spoken
libel-written

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

strict products liability

A

despite lack of intent or reasonable care, some individuals or entities should still be responsible for causing harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

products liability cause of action

A

1) defective condition
2) unreasonably dangerous in that condition or failure to warn of risk
3) injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

consumer expectation test-

A

more dangerous that the users of the product would ordinarily expect it to be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

risk utility test-

A

dangers created by the product outweigh the benefits of the design

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

example of design defect case

A

Grimshaw v. Ford Motor Company

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Example of noneconomic damages

A

pain and suffering

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

punitive damages

A

incentive (future) to discourage bad behavior in the name of profit, malice or recklessness; deterrence

35
Q

What makes American law unique?

A
  • CONS
  • structure and function of the courts
  • federalism
  • judicial review
36
Q

What behavior does the legal system try to control, and how?

A

Formal laws try to keep strangers behaving correctly

37
Q

The U.S CONS

A
  • drafted in 1787
  • limits rather than grants power
  • goal: organize government and protect civil liberties
38
Q

juries

A

civil law systems do not have juries

39
Q

lawyers

A

work on case on behalf of client

40
Q

judges

A

umpires a trial

41
Q

Define criminal and civil law

A

criminal- deals with formally forbidden behavior deemed by a society’s government
civil- governs the relationships between individuals in the course of private affairs

42
Q

What should a good CONS do?

A
  • structure for gov.
  • limitations on gov.
  • list powers for gov.
  • amending process
43
Q

administrative law

A

laws that controls those whom Congress has empowered to regulate on its behalf
-ex. FDA

44
Q

The power of judicial review

A

power of courts to use constitutional standard against which they access the other branches of government

45
Q

Trust

A

specific kind of arrangement that transfers property to a trustee for a designated beneficiary

46
Q

will

A

how property gets passed along from one generation to next upon death

47
Q

pie

A

perceived injurious experience

48
Q

unpie

A

unperceived injurious experience

49
Q

What principles and rules determine when someone is responsible for hurting another person?

A
  • intentional
  • negligence
  • strict liability- actor is responsible even though he did not want to harm and tried to avoid it
50
Q

Is there a duty to warn?

A

There is no legal duty to act affirmatively to prevent harm to others.

51
Q

contributory and comparative negligence

A

-contributory fault- if you contributed to your harm —> you cannot get $$$ from injurer
-comparative fault- if its injurer’s fault 51% or more –>
they have to pay $$$

52
Q

defenses: assumption of the risk

A

since you are doing something with risks, when you sign contract will not sue if hurt

53
Q

What are the three types of product defects?

A

manufacturing, design, and marketing effects

54
Q

Why do people opt out of the formal court system even if they have a legitimate claim?

A
  • saves money, time and relationships

- civil is more informal

55
Q

What is bargaining in the shadow of the law?

A

What the parties are likely to get if they go to court

56
Q

Models of dispute resolution: formal/ informal

A 
FORMAL
-independent judge
-apply pre-existing norms
-after adversary procedure
-achieve a dichotomous decision (winner v. loser) 
INFORMAL
-no judge 
-no precedent 
-no lawyers or adversarial presentation 
-no formal decision
57
Q

private ordering

A

individuals privately negotiate disputes in the shadow of the law

58
Q

bargaining endowments

A

whatever the legal rule is

-ex. “what is in the best interest of the children”

59
Q

ADR Ladder

A
  • communication
  • negotiation
  • facilitation
  • mediation
  • settlement conference
  • arbitration
  • litigation
  • hybrids
60
Q

negotiation

A

resolving disagreements through discussions, the presentation of facts, reasoned arguments, appeals to emotion and empathy

61
Q

facilitative debate

A

process experts do not propose solutions; they encourage the parties to do so

62
Q

evaluative debate

A

suggest solutions – listen and learn– then build proposals which are accepted or rejected by the parties

63
Q

facilitation

A

communications experts who offers process advice and creates a structure for problem-solving
(large groups)

64
Q

arbitration

A
  • use of third party neutral
  • adversarial process
  • binding or non-binding
  • no appeals (except fraud)
65
Q

Why is Owen Fiss Against Settlement?

A

Imbalances of power

66
Q

Dispute pyramid

A 
ADJUNCTION 
              Lawsuit 
              Claim 
             Grievance 
               PIE 
               UnPIE
67
Q

federalism

A

the government is controlled by two levels: federal and state

68
Q

Karl Llewellyn (Bamble Bush) on coexistence of past and future

A

Keeping laws but changing when necessary, keeps the positives of the past and rids the negatives

69
Q

janus faced

A

having two sharply contrasting aspects or characteristics

70
Q

James Calvi and Susan Coleman talked about what

A

Kinds of Law

71
Q

Out of 10 Americans how many lump

A

9

72
Q

RAND corp discovered that more than 90% of injured individuals did not make a claim. The injured _____, _____, and _______.

A

The injured absorbed $ themselves, got help from insurance, or work compensation claim.

73
Q

Some people believe that society ____ lumping rather than claiming.

A

supports

74
Q

What is a requirement of a grievance?

A

An injured person must feel wronged and believe that something must be done for the injury.

75
Q

Hand’s formula to see if you are acting reasonable

A

burden

76
Q

What is the goal of damages?

A

To make the injured whole again through economic means.

77
Q

Griffin v. Haunted Hotel

A

Griffin was suing for negligence because he tripped from the Carrie effect at the Haunted Trail

78
Q

mass torts

A

a civil action with multiple plaintiffs

79
Q

test in causation

A

a test linking the actions of the def. to the injuries

“but for”

80
Q

cost-benefit analysis

A

systematic approach to notice the strengths and weaknesses for an alternative approach

81
Q

Who should bear the risk and costs of injury as a matter of public policy?

A

Our current system says that the person who was liable should bear the cost. However, if people wanted the society to bear the problem then there would be no consequences for the businesses and higher taxes.

82
Q

What is considered “wrongful” behavior from a civil perspective?

A

discrimination

83
Q

How much does law matter when people are settling their disputes outside of court.

A

Not as much as formal

84
Q

Which process are more appropriate?

A

Depends on the situation.
mediation- small group; decision not enforced
facilitation- large groups; decisions sometimes enforced
arbitration

C101 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions