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Definition
| Theory of law governing the relationship between individuals and the STATE. |
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| Subdivision of Public Law |
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Definition
| CONSTITUTIONAL, ADMINISTRATIVE, and STATUTORY LAW |
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Definition
| affects the relationship between individuals or groups without the intervention of the state or government |
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| Violation of a criminal law is a WRONG AGAINST SOCIETY |
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| Deals with disputes between individuals and/or organizations, in which compensation may be awarded to the victim |
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| Defines crimes and punishments as well as civil rights and responsibilities in civil law |
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Definition
| Establishes process for settling disputes |
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Definition
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Term
| Common law incorporates what? |
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Definition
| predictability and flexibility |
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Definition
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Definition
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| Body of law that attempts to do justice when the law does not provide a remedy |
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Definition
| A matter is admiralty if it has a maritime flavor |
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Term
| Admiralty Law is given jurisdiction by what part of the US constitution? |
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Definition
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| Another source of Admiralty Law is..? |
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Definition
| The first judiciary Act of 1789 |
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| Admiralty Law is the jurisdiction of...? |
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Definition
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Term
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Definition
| 1.) Hear witnesses 2.) Receive evidence 3.) search out facts |
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Term
| Special Trial Courts of limited jurisdiction are: |
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Definition
| Tax court, U.S. Claims Court, U.S. Court of International Trade, Bankruptcy Court |
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Term
| Trial Courts (lesser courts) |
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Definition
| Small claims, justice of the peace courts, traffic courts, probate courts, family courts |
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| Appellate Courts often called... |
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Definition
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Term
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Definition
| court of last resort, instance, or judgement; a high or highest court |
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Term
| U.S. Courts of Appeals considered most powerful because... |
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Definition
| of ability to set legal precedent in regions that cover million of people, they have strong policy influence on US law; because US supreme court chooses to hear fewer than 100 more than 10000 cases filed with it annually |
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Term
| Supreme Courts jurisdiction is narrowly focused on: |
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Definition
| 1. Ambassadors 2. other public ministers and consuls 3. those in which a state shall be party |
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Term
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Definition
| part resided, conducted business or had substantial business relations |
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Term
| Criteria for determining in personam jurisdiction: |
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Definition
Ownership of property within the state
Volunteer Jurisdiction
Presence in the state |
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Term
| Presence in the state is: |
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Definition
| Residence, Minimum contacts, long arm statutes |
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Term
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Definition
| allows a party to PURSUE A REMEDY FOR A MARITIME CLAIM IN A STATE COURT WHEN ENTITLED TO SUCH REMEDY |
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Term
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Definition
| oldest form of ADR, resolves desputes outside of the courts |
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Definition
| Third party assists the parties to negotiate their own settlement |
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Term
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Definition
| parties attempt to resolve in mediation and what is failed to be resolved is done with arbitration |
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Term
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Definition
| small scale trial where parties present case to a judge with experience in the field or to a neutral advisor |
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Term
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Definition
| concept launched in 1976 by some californian dudes |
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Definition
| a mock trial is held; a jury is selected and in some cases presented with the evidence that would be actually used |
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Term
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Definition
| asses strengths and weaknesses of each of the parties |
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Term
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Definition
| popular between employers and employees |
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Term
| What are the steps for starting a lawsuit? |
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Definition
1. filing complaint
2. supena
3. the answer
4. ending a suit through motions
5.
6. Discovery
7. the trial
8. the appeal |
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Definition
| court states "if it is interstate commerce that feels the pinch, it does not matter how local the squeeze." |
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Definition
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Definition
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Term
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Definition
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Term
| Horizontal Trade Restraints |
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Definition
1. Price Fixing
2. Division of Markets
3. Group Boycotts
4. Interlocking Directorates |
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Term
| Vertical Trade Restraints |
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Definition
1. Resale price maintenance
2. tying arrangements
3. exclusive dealing arrangement
4. price discrimination |
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Term
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Definition
Misappropriation of items with which a person had been entrusted
Kind of financial fraud performed in a manner that is PREMEDITATES, SYSTEMATIC, and/or METHODICAL |
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Term
| Elements of employee theft: |
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Definition
1.) the fradulent
2.) conversion
3.) of the property
4.) of another
5.) by a person who has lawful podsession of the property |
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Term
| Why dont white-collar criminal go to jail? |
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Definition
| The best lawyers, favorable laws, individual perception, little police effort, difficult to assign blame |
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Term
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Definition
1.) Intentional
2.) Competition
3.) Negligence |
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Term
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Definition
1. duty
2. breach of duty
3. causation
4. proximate cause
5. damages |
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Term
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Definition
| contributory, comparative, assumption of risk |
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Term
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Definition
| uniform commerical code published in 1952 |
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Term
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Definition
Offer
acceptance
consideration
creation |
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Term
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Definition
Offer
acceptance
consideration
creation |
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Term
| Statute of Frauds required for |
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Definition
land
contract that can not be performed within one year of creation
sale of goods $500+
marriage |
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Term
| Defenses against contracts |
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Definition
capacity
misrepresentation
fraud
illegality
duress
undue influence |
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Term
| Types of Intentional torts |
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Definition
defamation
contract interference
false imprisonment
intentional infliction of emotional distress
invasion of privacy |
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