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Law

memorize.ai (lvl 286)

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Section 1

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Barry stayed overnight at a motel and left without paying the bill. Barry has committed the crime of...

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Government Law Politics

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Last updated

6 years ago

Date created

Mar 14, 2020

Cards (24)

Section 1

(24 cards)

Barry stayed overnight at a motel and left without paying the bill. Barry has committed the crime of...

Front

theft of service

Back

Two types of damages a plaintiff can seek in a civil case are...

Front

Compensatory and punitive

Back

Compensatory damages

Front

most common form of damages in personal injury claims

Back

Regulations

Front

laws adopted by an administrative agency

Back

What are the four main sources of law?

Front

Constitution, statute, common, and administrative.

Back

Sources of Law

Front

-constitution -statutes -common law -administrative law

Back

Criminal Law

Front

-when a wrong doing has been don't to society at large, involves violation of a criminal law -objection: punishment of wrong doing -party who commences lawsuit: society at large -person who brought lawsuit: society pays (taxes) -theft of service -penalties: community service, probation, fines, or jail time

Back

Rebecca was attacked at gunpoint while walking home from work late one night. Her pocketbook was stolen and her arm broken. She wants compensation for the money that was stolen and her medical bills. True or false: to secure compensation, she would pursue a criminal case.

Front

False

Back

Civil Law

Front

-when a wrong doing has been done to an individual -objection: compensation for an injury -party who commences lawsuit: injured person -person who brought lawsuit: hires and pays for this lawyer -tort: fraud, negligence, trademark infringement -contract law: agreement between 2 or more parties that is enforceable in court

Back

What does it cover?

Front

-restaurants -hotels and places that offer lodging to the public -bars -travel agents -casinos -theme parks -night clubs -sports facilities -airlines

Back

Statute

Front

the type of law that legislatures make

Back

In a criminal case, who pays for the plaintiff's attorney?

Front

The government

Back

Punitive damages

Front

essentially used to punish that at-fault party

Back

Constitution

Front

-broadly worded -freedom of speech -religious freedom -provides little detail

Back

Punitive damages are awarded to a plaintiff to compensate for a loss caused by the defendant.

Front

False

Back

How to Read a Case

Front

-facts: circumstances that gave rise to the lawsuit -issue: legal question that the parties have asked judge to resolve -judges decision: judges response to the issue -reasoning supporting the decision: basis and rationale for the decision

Back

Common Law

Front

-legal rules that have evolved over time from decision of judges, customs, or practices -based on case decision: interpretation of law applied by judge to a set of facts in a given case. Once judge makes decision is becomes a precedent (used to decide future cases).

Back

Tort

Front

a wrongful act or infringement of a right leading to a civil legal liability.

Back

The four elements to look for when reading a case are:

Front

Facts, issue, decision, and reason for the decision

Back

Administrative Law

Front

define powers, limitations and procedures of administrative agencies. -Food and Drug Administration: food and pharmacies -Federal Communications Commission: communication in broadcasting industries -Consumer Product Safety Commission: develop policies for consumer products -Occupational Safety and health Administration: investigate and enforce laws dealing with safety in the workplace.

Back

Law

Front

-a body of rules to which people must conform their conduct -a form of control -a set of rules used by judges used in deciding desputes -a set of rules that require people to meet certain standards of conduct and are enforceable in court.

Back

Law consists of rules enforceable in court that require people to meet certain standards of conduct.

Front

True

Back

Remedies in Civil Cases

Front

-compensatory damage -punitive damages: money in excess of compensatory damages... punish or make example of defendant

Back

Statutory Law

Front

-congress creates laws and president vetoes or signs -statutes -ordinances

Back