Comprehensive Guide to Law & Legal Procedures: Understanding the Legal System, Quizzes of Business and Labour Law

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TERM 1 Purpose of Law DEFINITION 1 At its core, law exists to influence behaviorWe have criminal laws, civil laws, religious lawsHammurabi in one of the oldest law codes known to man opined that law exists to protect the weak from the strong TERM 2 Constituants DEFINITION 2 set government structure and prevent other units from passing laws TERM 3 Statutes DEFINITION 3 acts as part of legislature TERM 4 Common Law DEFINITION 4 law made and applied, leading to precedents (stare decisis) TERM 5 Equity DEFINITION 5 accomplishes rough justice-> injunctions / specific performance / reformation / rescission TERM 6 Types of Law DEFINITION 6 Types of LawConstitutions Statutes Common Law Equity Administrative Regulations and Agency Decisions Treaties OrdinancesExecutive Orders TERM 7 Criminal Law DEFINITION 7 Statutory in Nature TERM 8 Civil Law DEFINITION 8 Statutory and Case made in nature- Contract Law- Property Law- Tort Law- Administrative/Code Law TERM 9 Statutory Law DEFINITION 9 Our legal representatives pass laws (both civil and criminal) in the form of statutes and codes TERM 10 Common Law DEFINITION 10 Courts make law in the way that they interpret law - we call this case law TERM 21 Federal Courts DEFINITION 21 Federal courts interpret and apply federal statutes and regulations and consider the constitutionality of both state and federal legislation and regulations Federal courts can also apply state law in disputes involving parties from different states TERM 22 State Courts DEFINITION 22 State courts interpret and apply the laws of their state only their rulings have no legal application outside the boundaries of their state State courts can also interpret and apply most federal statutes and regulations when they otherwise have jurisdiction (patent and copyright are a major exception) State courts can also consider the constitutionality of both state and federal legislation TERM 23 Supreme Court DEFINITION 23 Highest court in the federal system9 justices meeting in Washington, D.C.Appeals jurisdiction through certiorari processLimited original jurisdiction over some cases TERM 24 Courts of Appeal DEFINITION 24 Intermediate level in the federal systemRegional "Circuit" courts, including D.C. CircuitNo original jurisdiction; strictly appellate TERM 25 District Courts DEFINITION 25 Lowest level in the federal system94 judicial districts in 50 states and territoriesno appellate jurisdictionoriginal jurisdiction over most cases TERM 26 Constitution DEFINITION 26 Set up the structure of the GovernmentPrevent the Government from taking certain actions TERM 27 Due Process DEFINITION 27 Procedural Due Process procedure for govt. to follow for life, liberty or propertygive person legitimate claim of entitlement. Substantive Due Process doesnt change rules of substantive law (right to marry, contraception, abortion). TERM 28 Equal Protection DEFINITION 28 no state shalldeny to any personthe equal protection of the law. Also in 5th AMDT. TERM 29 Historical Debate Concerning the Constitution DEFINITION 29 - (Hamilton) Believed the national government was superior regarding political affairs and the US Constitution should be read liberally and the powers should be broad and sweeping (necessary and proper clause) elastic clause (Liberal constructionists) - (Jefferson) Believed the state governments were superior because they are closer to the people, the US Constitution should be read conservatively and the federal powers are limited (Strict constructionists) TERM 30 Federal Supremacy DEFINITION 30 Any state law that conflicts with a validly adopted federal law, an international treaty, or the Constitution is invalid TERM 31 The Bill of Rights DEFINITION 31 The first 10 Amendments to the U.S. Constitution. Passed by the first Congress in 1791. Added to the Constitution because of the fear that the federal government might become too powerful and encroach on individual rights. Beginning in the 1920s, a series ofUnited States Supreme Courtdecisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments. TERM 32 Bill of Rights (10 amendments) DEFINITION 32 First Amendment - Freedom of speech, press, religion, peaceable assembly, and to petition the government Second Amendment - Right for the people to keep and bear arms, as well as to maintain a militia Third Amendment - Protection from quartering of troops Fourth Amendment - Protection from unreasonable search and seizure Fifth Amendment - Due process, double jeopardy, self-incrimination, private property Sixth Amendment - Trial by jury and other rights of the accused Seventh Amendment - Civil trial by jury Eighth Amendment - Prohibition of excessive bail, as well as cruel and unusual punishment Ninth Amendment - Protection of rights not specifically enumerated in the Bill of Rights Tenth Amendment - Powers of states and people. TERM 33 Preponderance of the Evidence Standard DEFINITION 33 A requirement that more than 50% of theevidencepoints to something. This is the burden of proof in a civil trial. TERM 34 Beyond Reasonable Doubt Standard DEFINITION 34 Evidence that is beyondreasonable doubtis thestandard of evidencerequired to validate a criminal conviction TERM 35 State Courts and Jurisdiction DEFINITION 35 Courts of Limited Jurisdiction handle minor disputes, no records held Trial Courts find facts, identify rules of law and reach decision, keep records Appellate Courts State appeals court, correct legal errors. US Supreme court highest TERM 46 5th Amendment DEFINITION 46 protects against compelled testimonial self-incrimination. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. TERM 47 6th Amendment DEFINITION 47 Right to a speedy trial, right to cross exam witness, right effective assistance of council In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. TERM 48 White Collar Crimes DEFINITION 48 non violent criminal offenses committed by businesspersons and organizations TERM 49 United States vs. Park DEFINITION 49 FDA versus fast food owner. The Court held that if someone were to willingly be in charge of a company, and therefore its problems, then he or she willingly accepts the consequences of any illegal practices that his or her company or organization is involved in. TERM 50 Objectives of Criminal Law DEFINITION 50 Retribution - someone should "suffer" Deterrence - prevent from doing Incapacitation - keep criminals away from society Rehabilitation - transforming offendor Restoration - victim oriented - goal is to repair any injury inflicted on the victim that was caused by the offender TERM 51 Actus Reus DEFINITION 51 Conscious, intentional act or failure to act where legal duty requires act TERM 52 Menus Rea DEFINITION 52 Act was done either purposely, knowingly, or recklessly Criminal statutes generally require proof of bothactus reusandmens reaon the part of a defendant in order to establish criminal liability. TERM 53 Examples of Felonies DEFINITION 53 arsonassaultbatteryelder abuseespionagehate crimeskid nappingmurderterrorism TERM 54 Mala in se vs. Mala Prohibita DEFINITION 54 Mala in se Crimes that are thought to be inherently evil or morally wrong, and thus will be widely regarded as crimes regardless of jurisdiction. Mala in se offenses are felonies, property crimes, immoral acts and corrupt acts by public officials. Mala Prohibita offenses that do not have wrongfulness associated with them TERM 55 Defenses to Crimes DEFINITION 55 Justifications for ActionsAccused did not have criminal intentStatute of Limitations - time limit to be prosecuted Double Jeopardy Insanity TERM 56 Justifications for Actions DEFINITION 56 - Consent- Self Defense- Coming to defend others TERM 57 Accused did not have Criminal Intent DEFINITION 57 - Duress- Necessity- Mistake of Fact - Honest and Reasonable TERM 58 Statute of Limitations DEFINITION 58 Time limit to be prosecuted TERM 59 Double Jeopardy DEFINITION 59 being tried twice for the same crime TERM 60 Exclusionary Rule DEFINITION 60 Theexclusionary ruleholds thatevidencecollected or analyzed in violation of thedefendant's constitutional rightsis usually inadmissiblefor acriminal prosecutionin acourt of law. TERM 71 Mutual Assent DEFINITION 71 Contract formation requires mutual assent to the same terms by the parties, generally manifested by an offer and acceptance. TERM 72 Basis for Remedy DEFINITION 72 A validly formed contract must provide a basis for determining the existence of a breach and for giving an appropriate remedy [Restatement 33]. TERM 73 Offer DEFINITION 73 An offer is a manifestation of a present intent to be contractually bound upon acceptance by another party. An offer creates in the offeree the power to form a contract by an appropriate acceptance. TERM 74 Modern Approach to Acceptance DEFINITION 74 Under the modern approach, an offer invites acceptance by any means reasonable under the circumstances, unless otherwise indicated by language or circumstances. [Restatement 30(2)] TERM 75 Elements of Consideration (2) DEFINITION 75 1. Bargain for Exchange - return promise which is given by the promisee in return for the promisor's promise.2. Legal Detriment - engages in an act that the party was not previously obligated whether statutorily or contractually to perform; or refrains from exercising a legal right TERM 76 Statute of Frauds - Requirements DEFINITION 76 be memorialized in a writing or record; be signed by or on behalf of the party against whom enforcement is sought; indicate that a contract has been made between the parties; state with reasonable certainty the essential terms of the unperformed promises, in the case of non-goods contracts; specify the term of quantity, in the case of contracts for the sale of goods. The UCC specifically states that "a record is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable . . . beyond the quantity of goods shown in the record." TERM 77 Statute of Frauds - Contracts DEFINITION 77 Agreement that by its terms cannot be performed with a year from the making of the contract Agreement to Pay the Debt of Another Agreement Involving an Interest in Real Property Agreement In Contemplation of Marriage Agreement to Purchase Goods in the amount of $1000, or more Agreement to Purchase Services or Intellectual Property in the amount of $5,000, or more TERM 78 The Parole Evidence Rule DEFINITION 78 The rule governs whether parties may introduce evidence of extrinsic agreements to prove the existence of additional or modified terms. TERM 79 Promissory Estoppel DEFINITION 79 When you rely on a promise that is not a contract, however it falls through and costs you something When a promisee foreseeably relies to his detriment on the promisor's promise, even in the absence of an enforceable contract, the doctrine of promissory estoppel may be invoked to make such promise binding in order to prevent injustice. The remedy in such cases is based on the extent of the promisee's reliance, not his expectation. TERM 80 Breach of Contract (2) DEFINITION 80 1. Non-performance2. Unreasonable/Defective performance TERM 81 Remedies for Breach of Contract DEFINITION 81 1. Money (Economic Damages)2. Specific Performance3. Injunction - court orders someone to NOT do something (contacting customers when you dont work for them) TERM 82 Liquidating Damages DEFINITION 82 A contract provides a specific amount to be paid as damages in the event of future default or breach of contract TERM 83 Penalties DEFINITION 83 Specify a certain amount to be paid in the event of a default or breach of contract and are designed to penalize the breaching party TERM 84 Specific Performance DEFINITION 84 Equitable remedy calling for the performance of the act promised in the contract TERM 85 Economic Damages DEFINITION 85 compensation for objectively verifiable monetary losses such as past and future medical expenses, loss of past and future earnings, loss of use of property, costs of repair or replacement, the economic value of domestic services, loss of employment or business opportunities