Term
|
Definition
Law from COMMON courts (as opposed to legislature/federal gov't) |
|
|
Term
|
Definition
"Doctrine of Precedents" Common law doctrine: - binds subordinate court of higher court decisions in similar cases |
|
|
Term
sources of laws 1) Lawmaking by Legislators |
|
Definition
Statutes: enacted by Congress/State legislatures Ordinance: written; enacted by city/county (zoning) Written Law: reference to fed/state/local gov'ts statutes and published rules of admin agencies Codes: statutes grouped by subject matter (vehicle code) |
|
|
Term
Sources of Laws 2) Lawmaking by Exec Branch |
|
Definition
can make laws independently |
|
|
Term
Sources of Laws 3) Lawmaking by Courts |
|
Definition
|
|
Term
Sources of Law 4) Lawmaking by the People |
|
Definition
initiatives: process for making new statutes voted on by legislature of by the people (not in all states) |
|
|
Term
Types and Classifications of Law |
|
Definition
Federal and State Civil and Criminal Private and Public International and Domestic Procedural and Substantive Subject Matter Classification |
|
|
Term
Federal Law vs. State Law |
|
Definition
US constitution Congress' statutes treaties/presidential orders vs State constitutions State legislatures' statutes State appellate decisions |
|
|
Term
Civil Law vs Criminal Law
|
|
Definition
the body of law that pertains to civil/private rights the total system of law (Roman empire) -contrasted to Common Law Branch of law dealing with crimes/punishments |
|
|
Term
Private Law vs. Public Law |
|
Definition
regulates rights and duties existing between private persons (or corporations) - ie. Contract Law concerned with public rights/obligations -ie constitutional, administrative, criminal, & int'l law |
|
|
Term
International Law vs. Domestic Law |
|
Definition
governing relations b/t & among sovereign nations - ie criminal law (Bosnian War) domestic constitutional issues -ie Nuclear Proliferation; electronic eavsdropping |
|
|
Term
Procedural Law vs. Substantive Law |
|
Definition
general principles/rules defining the methods of administrering substantive law - different between civil & criminal cases general principles/rules defining legal rights and duties |
|
|
Term
Subject Matter classification |
|
Definition
Corporate, Admiralty, Business, Real Estate, Intellectual property, Family, Environmental, Constitutional, Labor, Probate, Corporate securities, and Immigration |
|
|
Term
|
Definition
fudamental law restricting arbitrary power ensure "limited gov't" |
|
|
Term
|
Definition
higher law believed to be above man's power to change |
|
|
Term
|
Definition
Power of US Supreme Court to declare Unconstitutional act of Congress, President, or Law |
|
|
Term
|
Definition
Three branches to check & balance legislative executive judicial |
|
|
Term
|
Definition
formal written order that an arrestee be brought to court |
|
|
Term
|
Definition
"after the fact" makes previously lawful conduct a crime |
|
|
Term
Powers belonging to Citizens |
|
Definition
RIGHT TO VOTE initiative process: petitions by voters/legislature may be filed for new statutes or constitutional changes referendum: state legislature refers proposed or existing laws to electorate for approval/rejection recall: removing public officials after petition |
|
|
Term
|
Definition
inherent power of gov't laws for safety, morals, or welfare of public *even if limits individual freedom |
|
|
Term
|
Definition
judicial document any state/federal law that is inconsistent with the US Constitution is null and void |
|
|
Term
|
Definition
part of US Constitution provides Congress power to pass laws to provide trade with foreign countries and among states *Interstate: crosses state boundaries *Intrastate: within state boundaries |
|
|
Term
|
Definition
first 10 amendments of Constitution |
|
|
Term
|
Definition
Free speech religion, press, assemble peacefully, petition gov't |
|
|
Term
|
Definition
|
|
Term
|
Definition
prohibits logding of soldiers without consent |
|
|
Term
|
Definition
Prohibits Unreasonable Searches **Exclusionary Rule: - precludes any evidence improperly obtained by prosecution in criminal court |
|
|
Term
|
Definition
Due Process (legal proceedings) Double Jeopardy Self-Incrimination |
|
|
Term
|
Definition
Speedy & Fair Trial **Compulsory Process - requires witness to appear in defendant's favor by court order |
|
|
Term
|
Definition
|
|
Term
|
Definition
Prohibits Excessive Bail Unusual Punishment |
|
|
Term
|
Definition
Additional Rights of the People |
|
|
Term
|
Definition
Powers neither to National nor denied to State Gov't are reserved for the states |
|
|
Term
|
Definition
Determine: 1) Facts 2) Rules of Law 3) Apply the rules to the facts |
|
|
Term
|
Definition
|
|
Term
|
Definition
government prosecutes person charged with crime |
|
|
Term
|
Definition
FARCE TRIAL lacks proper procedure/fairness Outcome predetermined |
|
|
Term
|
Definition
Review decisions of prior courts for Substantive and Procedural correctness |
|
|
Term
|
Definition
Power of a court to decide and award relief Geographic area Person/subject over whom court makes decision |
|
|
Term
|
Definition
|
|
Term
|
Definition
power of a court over a person |
|
|
Term
|
Definition
|
|
Term
Alternative Dispute Resolution |
|
Definition
various methods besides Judicial process to resolve negotiation mediation arbitration "The forum should fit the fuss" |
|
|
Term
Attorney Client Privileges |
|
Definition
rule of evidence protecting all communication between client & attorney from disclosure |
|
|
Term
|
Definition
*states requirements vary Most: 1) graduate of law school 2) pass bar exam 3) continuous legal education |
|
|
Term
Professional Ethics for Lawyers |
|
Definition
written rules of acceptable conduct adopted by members of professional group go hand in hand with the law |
|
|
Term
|
Definition
retainer fee: advance payment held in trust account hourly rate flat fee contigency: percent of earnings |
|
|
Term
conflicts of interest (lawyers) |
|
Definition
client's interests at odds attorney serves or is tempted to serve the opposition |
|
|
Term
Classification of Contracts |
|
Definition
oral,written,or implied Method of Expression Parties Bound Legal Effect Extent of Performance |
|
|
Term
|
Definition
afreement stated in words, spoken, or written |
|
|
Term
|
Definition
by conduct or body language (purchase of items from Stadium vendors) |
|
|
Term
Method of Expression contracts |
|
Definition
implied in fact (body language) quasi-contract (obligation - doctor off clock) formal (legal language/form) simple (all that aren't formal) |
|
|
Term
|
Definition
bilateral (promise for a promise) unilateral (promise for completed act) |
|
|
Term
|
Definition
valid void voidable unenforceable |
|
|
Term
|
Definition
all essential elements - law can enforce |
|
|
Term
|
Definition
no binding effect/ legal force |
|
|
Term
|
Definition
may be enforced or rejected by a party * a minor may invalidate a contract even if its legal |
|
|
Term
|
Definition
time under Statute of Limitations has elapsed on a void contract... etc |
|
|
Term
Extent of Performance contracts |
|
Definition
executed contract executory contract |
|
|
Term
Requirements of VALID contract |
|
Definition
1) Competent parties 2) Mutual agreement 3) Reciprocal consideration 4) Genuine Assent 5) Legality in formation and Execution 6) Form prescribed by Law |
|
|
Term
Remedies of Breached Contracts |
|
Definition
compensatory damages -actual $ loss liquidated damages - $ previously agreed on in case of breach |
|
|
Term
Consumer Protection contracts |
|
Definition
Adhesion contract: -drafted by dominant party -"take it or leave it" basis Caveat Emptor: let the buyer beware Caveat Venditor: let the seller beware Before-Sales Laws During-Sales Laws After-Sales Laws |
|
|
Term
Consumer Credit Protection Act 1968 |
|
Definition
*During-Sales Laws Truth in Lending Act - full disclosure |
|
|
Term
Credit Card Liability Act 1970 |
|
Definition
*During-Sales Laws amended Truth in Lending controls credit card companies - must apply for card - max $50 unauthorized use |
|
|
Term
Fair Credit Reporting Act 1970 |
|
Definition
*During-Sales Laws FCRA consumers to check and correct credit info |
|
|
Term
Equal Credit Opportunity Act 1974 |
|
Definition
*During-Sales Laws forbids discrimination under CCPA |
|
|
Term
Fair Credit Billing Act 1974 |
|
Definition
*After-Sales Laws users of credit cards may challenge correctness without penalty |
|
|
Term
|
Definition
Principal-Agent Employer-Ordinary Employee Contracting Employer- Independent Contractor |
|
|
Term
|
Definition
employment may be terminated at any time without any liability by either employer or employee |
|
|
Term
|
Definition
Civil Rights Act (1964) unlawful for employers (of 15+) to discriminate race color religion sex national origin |
|
|
Term
|
Definition
intentional discrimination/treatment |
|
|
Term
|
Definition
neutral rule/practice used by employer, yet adversely affects or excludes particular group |
|
|
Term
|
Definition
Equal Emplyment Opportunity Commission (1972) granted power to eliminate violations of law Title VII charges may be filed within 180 days *must be done BEFORE lawsuit |
|
|
Term
|
Definition
negotiation b/t representatives of union & employers -terms and conditions wages hours conditions Collective Bargaining Agreement (CBA) or Collective Employment Agreement (CEA). |
|
|
Term
Statutes of Employee Protection (3) |
|
Definition
OSHA Occupational Safety and Health Act (1970,98) safe/healthy conditions ERISA Employee Retirement Income Security Act (1974) pension plans protected FMLA Family and Medical Leave Act (1993) unpaid leave for serious health problems |
|
|
Term
|
Definition
National Labor Relations Act (1935) "Wagner Act" **Labor-Management Relations Act (1947) "Taft-Hartley Act" - outlawed 'closed shop' secondary boycotts |
|
|
Term
|
Definition
place where new hires must join union within 30 days |
|
|
Term
|
Definition
company in which all employees must pay union dues even if they aren't members |
|
|
Term
|
Definition
1932: Anti-Junction Act Norris-La Guarda Act 1935: National Labor Relations Act Wagner Act 1947: Labor-Management Relations Act Taft-Hartley Act 1959: Labor-Management Reporting & Disclosure Act Landrum-Griffin Act |
|
|
Term
|
Definition
1946 Employment Act -work for all willing and able **doesn't guarantee...campaign phrase |
|
|
Term
Sources of International Law |
|
Definition
Customary law & Conventional law |
|
|
Term
|
Definition
states follow practices generally & consistently, out of a sense of legal obligation |
|
|
Term
|
Definition
international agreements and may take any form that the contracting parties agree upon |
|
|
Term
|
Definition
Counsels: Trustee Security General Assembly Economic Int'l Court Secretariat June 26, 1945 |
|
|
Term
UN International Court of Justice |
|
Definition
15 elected members 9 year terms |
|
|
Term
|
Definition
15 members 5 permanent *designated by UN Charter China, France,Russia,UK,USA 10 elected *by Gen.Assembly - 2yr term |
|
|
Term
|
Definition
|
|
Term
International Regional Organizations |
|
Definition
|
|
Term
|
Definition
Intellectual property type *protect ONE right: specific thing you have patented types: 1) utility 2) design 3) plant |
|
|
Term
|
Definition
Intellectual Property Type protect works of authorship, such as writings, music, and works of art that have been tangibly expressed |
|
|
Term
|
Definition
Intellectual Property Type protect words, names, symbols, sounds, or colors that distinguish goods and services. Trademarks, unlike patents, can be renewed forever as long as they are being used in business |
|
|
Term
|
Definition
Intellectual Property Type is not protected by law. However know-how has significant value for if you do not know how to practice an invention, the invention is of little value |
|
|
Term
|
Definition
information that companies keep secret to give them an advantage over their competitors |
|
|
Term
|
Definition
William Marbury -had been appointed as Justice of the Peace by President Adams shortly before leaving office When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions Supreme Court denied Marbury's petition, -holding that the statute upon which he based his claim was unconstitutional. Judiciary Act of 1789 |
|
|
Term
Plessy V. Ferguson (1896) |
|
Definition
Separate but equal Homer Plessy - train car (1/8 black) ruled against plessy |
|
|
Term
|
Definition
overturned Plessy v. Ferguson ruled a violation of the Equal Protection Clause of the Fourteenth Amendment Brown's daughter Linda, a third grader, had to walk six blocks to her school bus stop to ride to Monroe Elementary, her segregated black school one mile (1.6 km) away, while Sumner Elementary, a white school, was seven blocks from her house. |
|
|
Term
Regents of the University of California v. Bakke, (1978) |
|
Definition
bars quota systems in college admissions but affirms the constitutionality of affirmative action programs giving equal access to minorities 5-4 that race could be only one of numerous factors used by discriminatory boards, such as those of college admissions |
|
|
Term
Grutter v. Bollinger (2003) |
|
Definition
upheld affirmative action admissions policy of the University of Michigan Law School. 5-4 decision Barbara Grutter, white student a 3.8 GPA 161(LSAT) score rejected |
|
|