Section 1
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Valid contract
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Last updated
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Date created
Mar 1, 2020
Cards (65)
Section 1
(50 cards)
Valid contract
Agreement that courts well enforce against all parties.
Interrogatories
written answers to written questions
Natural Law Theory
Human nature creates law. (absolute with no gray area)
Three classifications of courts
Federal courts, state courts, Municipal courts.
Statutes
(Larger level) Laws enacted by legislative bodies.
Law seeks to..
Establish rules and keep stable framework to keep society running smoothly as possible.
Theft
Stealing, taking another property without consent.
Shoplifting
Taking possession of goods in store with intent to use as takers own
Embezzlement
Fraudulent conversion of another property by someone in lawful possession.
Assault
Putting person in fear of wrongful touching ( Intentional tort)
Intention to cause consequences of act
Must show for intentional tort
Four outcomes from appeals
uphold verdict, Uphold verdict reduce award, remand for new trial, and dismiss verdict.
Tortfeasor
Person who causes injury
Empirical Law Theory
Law changes with time as society evolves. ( allows gray areas)
Criminal Law
Crime defense against society, must prove guilty by reasonable doubt.
Act by defendant
Must show for intentional tort
Four state courts
Inferior courts, courts of original general jurisdiction, appellate courts, and special courts.
Trademarks
word, name , or symbol adopted and used by person to identify and distinguish certain goods from others.
Contract
Legally Enforceable agreement between two or more people. (written or verbal)
RICE
(Racketter influenced and corrupt organization act) Prevent infiltration of legitimate business by organized crime through means of conspiracy or extortion.
Trespassing
Invading someones property (Intentional tort)
Injunction
Specific instruction to stop something
Four sources of law
Constitutions, statues, judicial decisions, and administrative agency order.
Admissions/ stipulations
Agreement about issues on which there is no dispute
Equity Law
What is right and just under circumstances
Constitution
Document that defines relationships of parts of government to its citizens.
Four types of federal court
Special federal court, federal district court, federal courts appeal, and united states supreme court.
Three branches of government
Executive, Judaical, Legislative
Federal Court system
Part of federal court system. (HQ Washington DC)
Depositions
Testimony of witnesses outside court and under oath
Federalism
Giving power to states to adopt rules regarding general welfare of citizens.
Larceny
Taking of property of another without consent of person in possession
Law
(William Blackstone) Rule of civil conduct, commanding what is right & prohibiting what is wrong.
Common Law
Unwritten maxims which become binding over time.
Probate Court
Wills & Estates
Breach of contract
Failure to perform contractual obligations
Business Crimes
Crimes committed against a business or perpetrator uses business to commit crime
Tort Law
Private of civil wrong or injury for which there may be action for damages. (Intentional or negligence.)
Document production
Records, case files, embalming reports
Domestic relations court
divorce and child custody
Business transactions result from
agreements
Juvenile courts
Delinquent, dependent children
Long arm statue
Apply when courts of one state have jurisdiction over residents of another state.
Medical Examination
May be necessary to establish damages
State Court system
Part of state government. (HQ in state capitals)
Battery
Wrongful touching (Intentional tort)
Void
Agreement with no legal effect
Ordinances
(Lower level) Laws made by city municipalities
Civil Law
Protects civil rights and duties. Must prove you've been wronged.
Causation
Injury was caused by defendants acts or something set in motion by defendant. (Must show for intentional tort)
Section 2
(15 cards)