Shared Flashcard Set

Details

law vocab
semester 1
144
Law
12th Grade
01/11/2009

Additional Law Flashcards

 


 

Cards

Term
laws
Definition
enforceable rules of conduct in a society
Term
code
Definition
laws grouped into an organized form
Term
common law
Definition
law based on currect standards
Term
positive law
Definition
law based on the dictates of a central political authority
Term
jurisdiction
Definition
power of a court to decide a case
Term
equity
Definition
basic fairness
Term
constitution
Definition
dcument that sets forth the framework of the government and its relationship to the people it governs
Term
statutes
Definition
law enacted by state or federal legislatures
Term
ordinances
Definition
legislation enacted by a town, city or country board or commission
Term
case law
Definition
made when an appellate court endorses a rule to be used in deciding court cases
Term
stare decisis
Definition
doctrine that requires lower courts to follow existing case law in deciding similar cases
Term
administrative agencies
Definition
governmental body formed to carry out particular laws
Term
civil law
Definition
group of laws used to provide remedy for wrongs against individuals
Term
criminal law
Definition
group of laws that defines and sets punishments for offenses against society
Term
procedural law
Definition
group of laws that define the methods for enforcing legal rights and duties
Term
substantive law
Definition
group of laws that define rights and duties
Term
ethics
Definition
deciding what is right or wrong action in a reasoned, impartial manner
Term
civil disobedience
Definition
open, peaceful violation of a law to protest its alleged injustice
Term
dec of independence
Definition
document drafter by representative of the 13 original colonies that asserts the rights desired by the colonists
Term
articles of confed.
Definition
loose form of charter for common gov adopted by the 13 colonies before adoption of the constitution
Term
U.S Constitution
Definition
document that consists of 7 articles that provide a workable framework for our federal gov
Term
Bill of Rights
Definition
first 10 amendments of constitution
Term
civil rights
Definition
personal, human rights recognized and guaranteed by the U.S Constitution
Term
due process of law
Definition
constitutional requirement for fundamental fairness in our legal abd court system
Term
system of checks and balances
Definition
division and allocation of the powers of government between its various branches
Term
system of checks and balances
Definition
division and allocation of the powers of government between its various branches
Term
Impeachment cases
Definition
trying a government official for misconduct in office
Term
Impeachment cases
Definition
trying a government official for misconduct in office
Term
Impeachment cases
Definition
trying a government official for misconduct in office
Term
Impeachment cases
Definition
trying a government official for misconduct in office
Term
political party
Definition
private organization of citizens who select and promote candidates for public office
Term
amendment
Definition
change or alteration
Term
amendment
Definition
change or alteration
Term
democracy
Definition
governmental system in which citizens vote directly to decide issues
Term
republic
Definition
governmental system in which citizens elect reps to decide issues
Term
sovereignty
Definition
freedom from external control
Term
interstate commerce
Definition
trade and other commercial intercourse between or among businesses indifferent states
Term
intrastate commerce
Definition
commerce conducted wholly within one state
Term
Cyber law
Definition
law that is intended to govern the use of computers in e-commerce and the internet
Term
litigate
Definition
to resolve disputes in court
Term
mediator
Definition
independent third party who tries to develop a non binding solution acceptable to both sides of a dispute
Term
arbitrator
Definition
independent third party who develops a binding and enforeable resolution to a dispute
Term
court
Definition
governmental forum that administers justice under the law
Term
trial court
Definition
first court to hear a dispute
Term
verdict
Definition
jurys decision in a case
Term
original jurisdiction
Definition
power to hear the case in full for the first time
Term
appellate court
Definition
reviews decisions of lower courts to determine if a significant error of law was made during trial
Term
transcript
Definition
verbertim record of what went on at trial
Term
appellate briefs
Definition
written argument on the issues of law submitted by opposing attorneys
Term
general jurisdiction
Definition
court that can hear almost any kind of case
Term
special jurisdiction
Definition
court that hears only one specific type of case
Term
writ of certiorari
Definition
order to a lower court to produce the record of a case for the Supreme Court to review
Term
court of record
Definition
accurate, detailed report of what went on at trial
Term
associate circuit courts
Definition
court that hears minor criminal cases, state traffic offenses, and lawsuits involving amounts of no more than 25,000
Term
municipal courts
Definition
city court, usually divided into traffic and criminal divisions
Term
small claims courts
Definition
state courts that handle disputes in which small amounts, generally 2,500 or less are involved
Term
juvenile courts
Definition
courts set up for juveniles
Term
probate courts
Definition
administers wills and estates
Term
crime
Definition
punishable offense against society
Term
vicarious criminal liability
Definition
substituted criminal liability...?
Term
felony
Definition
crime punishable by more that one year in jail, a fine of more that $1000 or both
Term
misdemeanor
Definition
crime punishable by up to one year in jail, a fine of less that 1000 or both
Term
white collar crimes
Definition
crime typically committed in the workplace that does not involve violence or force nor does it cause injury to people or physical damage to property
Term
probable cause
Definition
a reasonable ground for belief
Term
defense
Definition
at criminal law, a legal position that allows the defendant to escape criminal liability
Term
procedural defenses
Definition
defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried or punished
Term
substantive defenses
Definition
defenses that disprove, justify or otherwise excuse the alleged crime
Term
self-defense
Definition
use of force that appears reasonably necessary for the self protection of an intended victim
Term
immunity
Definition
freedom from prosecution for a crime
Term
contempt of court
Definition
action that hinders the administration of justice in court
Term
punishment
Definition
penalty provided by la and imposed by a court
Term
plea bargaining
Definition
agreement with prosecutor allowing defendant to plead guilty to a lesser crime that the more serious one he or she likely would be charged with
Term
tort
Definition
private or civil warong for which the law grants a remedy
Term
damages
Definition
monetray award to compensate for the loss caused by a tort
Term
negligence
Definition
most common tort based on carelessness
Term
intentional torts
Definition
tort in which the defendant means to commit the injurous act
Term
assault
Definition
intentional threat to physically or offensively injure another
Term
battery
Definition
harmful or offensive touching
Term
false imprisonment
Definition
depriving a person of freedom of movement without consent and without privilege
Term
defamation
Definition
false statement that injures one's reputation
Term
invasion of privacy
Definition
unwelcome and unlawful intrusion into one's private life so as to casue outrage, mental suffering, or humiliation
Term
trespass to land
Definition
to be on the land of another without right or permission of the owner
Term
conversion
Definition
using property in a manner inconsistant with the owner's rights
Term
fraud
Definition
intentional misrep of an existing important fact
Term
strict liability
Definition
holding a defendant liable without a showing of negligence
Term
injunction
Definition
court order for a person to do or not to do a particular act
Term
evidence
Definition
materials presented to prove or disprove alleged facts
Term
testimony
Definition
statements by witnesses under oath
Term
witness
Definition
individual with personal knowledge of important facts
Term
subpoena
Definition
written court order compelling a person to appear and testify
Term
judgement
Definition
final result of a trial
Term
contracts
Definition
agreement between two parties that creates an obligation
Term
offeror
Definition
party who makes an offer to form a contract
Term
offeree
Definition
party to whom an offer is made
Term
offer
Definition
proposal by an offeror to do something provided the offeree does something in return
Term
revocation
Definition
withdrawing an offer before it is accepted
Term
counteroffer
Definition
offeree's response to a offer which modifies it
Term
option
Definition
separate contract arising when the offeree gives the offeror something of value in return for a promise to leave an offer open
Term
firm offer
Definition
binding offer stating in writing how long it is to be held open
Term
acceptance
Definition
occurs when a party to whom an offer has been made agrees to the proposal
Term
mirror image rule
Definition
requires that the terms in the acceptance must exactly match the terms contained in the offer
Term
bilateral contracts
Definition
offeree can accept offer by giving a promise to the offeror instead of performing the contracted- for act
Term
unilateral contracts
Definition
offeror promises something in return for the offeree's performance and indicates that this performance is the way acceptance must be made
Term
genuine assent
Definition
agreement to enter into a contract that is evidenced by words or conduct between the parties
Term
voidable contract
Definition
contract in which the injured party can withdraw, thus cancelling the contract
Term
rescission
Definition
backing out if the transaction by asking for the return of what you gave and offering to give back what you received
Term
ratification
Definition
acting toward the contract as though one intends to be bound by it
Term
duress
Definition
occurs when one party uses an improper threat or act to obtain an expression of agreement
Term
undue influence
Definition
occurs when one party to a contract is in a position of trust and wrongfully dominates the other party
Term
unilateral mistake
Definition
occurs when one parts holds an incorrect belief about the facts related to a contract
Term
mutual mistake
Definition
both parties to a contract have an incorrect belief about an important fact
Term
material facts
Definition
important facts that influence both parties decisions about a contract
Term
viod
Definition
w/o legal effect
Term
innocent misrepresentation
Definition
party to a contract does not know that a statement he or she made is untrue
Term
fraudulent misrepresentation
Definition
party to a contract knows that a statement he or she made is untrue
Term
fraud
Definition
intentional misrepresentation of an existing important fact
Term
consideration
Definition
what a person demands and generally must receive in order to make his or her promise legally binding
Term
gift
Definition
voluntary transfer of ownership without consideration
Term
donor
Definition
person giving a gift
Term
donee
Definition
person reveiving a gift
Term
forbearance
Definition
refraining from doing what one has a right to do
Term
promisor
Definition
person who gives the promis or action in exchange for the promise or action of another
Term
promisee
Definition
person to whom the promise or action is given in exchange for the other person's promise or action
Term
legal value
Definition
change in the legal position of a party as a result of a contract
Term
nominal consideration
Definition
token amount identified in a written contract when parties either cannot or do not wish to state the amount precisely
Term
output contract
Definition
agreement to purchase all of a particular producer's production
Term
requirements contract
Definition
seller agrees to supply all of the needs of a particular buyer
Term
liquidated debt
Definition
debt for which the parties agree that the debt exists and on the amount of the debt
Term
accord and satisfaction
Definition
parties' agreement to change the obligation required by their original contract and the performance of the new obligation
Term
release
Definition
party settles a claim at the time the tort occurs and the liability is unliquidated because the extent of damages is uncertain
Term
composition of creditors
Definition
agreement by all creditors to accept something less than the total amount of their claims as full payment
Term
past consideration
Definition
act tgar gas already been performed cannot be consideration for a promise in the present
Term
promissory estoppel
Definition
promise is enforced even though no consideration is given for it
Term
contractual capacity
Definition
ability to understand that a contract is being made and its general meaning
Term
age of majority
Definition
age at which a person can be legally bound to contracts
Term
minor
Definition
individual under the age of majority (18 in most states)
Term
minority
Definition
minor part of a person's life (typically under the age of 18)
Term
disaffirmance
Definition
both parties to a contract return the consideration
Term
necessaries
Definition
things needed to maintain life and lifestyle
Term
emancipation
Definition
severing the child-parent relationship
Term
mental incapacity
Definition
condition in which a party to a contract is unable to understand the consequences of the contractual act
Term
intoxication
Definition
mental impairment caused by a voluntary use of alcohol,drugs, or inhalants
Term
scope of authority
Definition
inemployment law,range of acts an organization has authorized an employee to do
Term
statute of limitations
Definition
state laws setting time limit for bringing a lawsuit
Supporting users have an ad free experience!