BLAW 3201 Fry Exam 1Part 1 – Flashcards
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Nature of Law
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"a rule of civil conduct prescribed by the supreme power in a state, commanding what is right, and prohibiting what is wrong"
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Functions of Law
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to maintain stability in the social, political, and economic system through dispute resolution, protection of property, and the preservation of the state, while simultaneously permitting ordered change
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Legal Sanctions
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means by which the law enforces the decisions of the courts
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Law and Morals
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different but overlapping; law provides sanction, while morals
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Law and Justice
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separate and distinct concepts; justice is the fair, equitable, and impartial treatment of competing interests with due regard for the common good
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Substantive Law
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One of the Classifications of Law; Law creating rights and duties
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Procedural Law
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One of the Classifications of Law; rules for enforcing substantive law
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Public Law
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One of the Classifications of Law; law dealing with the relationship between government and individuals
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Private Law
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One of the Classifications of Law; law governing the relationships among individuals and legal entities
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Civil Law
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One of the Classifications of Law; law dealing with rights and duties the violation of which constitutes a wrong against an individual or other legal entity
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Criminal Law
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One of the Classifications of Law; law establishing duties which, if violated, constitute a wrong against the entire community
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Constitutional Law
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One of the Sources of Law; fundamental law of a government establishing its powers and limitations
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Common Law
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One of the Types of Judicial Law (which is one of the Sources of Law); Body of law developed by the court and equity based upon principles distinct from common law and providing remedies not available at law
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Equity Law
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One of the Types of Judicial Law (which is one of the Sources of Law); Body of law based upon principles distinct from common law and providing remedies not available at law
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Legislative Law
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One of the Sources of Law; statutes adopted by legislative bodies; includes treaties and executive orders
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Administrative Law
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One of the Sources of Law; Rules, regulations, orders, and decisions made by administrative agencies
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Legal Analysis
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Decisions in state trial courts are generally not reported or published; Court decisions are found in the official state reports of most states
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Reports
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Decisions of state courts of appeals that are published in consecutively numbered volumes
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Ryan v. Friesenhahn
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Social host liability; Todd F., son of Nancy and Fred F., held an open invitation party staying BYOB; Sabrina Ryan became intoxicated, drove home, and was involved in a fatal crash; Sandra and Stephen Ryan sued the Freisenhahns for negligence; The court ruled in the Ryans' favor
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District Courts
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A Federal Court; Trial courts of general jurisdiction that can hear and decide most legal controversies in the federal system
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Court of Appeals
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A Federal Court; Hear appeals from the district courts and review orders of certain administrative agencies; Examine the record of a case on appeal and to determine whether the trial court committed prejudicial error; If so, the appellate court will reverse or modify the judgment and if necessary remand it (send it back) to the lower court for further proceeding; If no prejudicial error exists, the appellate court will affirm the decision of the lower court
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The Supreme Court
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A Federal Court; The nation's highest court, whose principle function is to review decisions of the federal courts of appeals and the highest state courts
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Special Courts
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A Federal Court; Have jurisdiction over cases in a particular area of federal law and include the US court of federal claims, the US tax court, the US bankruptcy courts, and the US court of appeals for the federal circuit
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Inferior Trial Courts
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A State Court; Hear minor criminal cases, such as traffic offenses, and civil cases involving small amounts of money; conduct preliminary hearings in more serious criminal cases
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Trial Courts
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A State Court; Have general jurisdiction over civil and criminal cases
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Special (Trial) Courts
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A State Court; Trial courts, such as probate courts and family courts, having jurisdiction over a particular area of state law
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Appellate Courts
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A State Court; Include one or two levels; the highest court's decisions are final except in those cases reviewed by the US supreme court
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Jurisdiction
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The power or authority of a court to hear and decide a given case
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Subject Matter Jurisdiction
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Authority of a court to decide a particular kind of case
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Federal Jurisdiction
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Exclusive Federal Jurisdiction; Federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other specified cases
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State Jurisdiction
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State courts have exclusive jurisdiction over all matters to which the federal judicial power does not reach
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Jurisdiction Over The Parties
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The power of a court to bind the parties to a suit
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In Personam Jurisdiction
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Jurisdiction based upon claims against a person, in contract to jurisdiction over the person's property
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In Rem Jurisidiction
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Jurisdiction based on claims against property
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Attachment Jurisdiction
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Jurisdiction over a defendant's property to obtain payments not related to the property
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Venue
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Geographical area in which a lawsuit should be brought
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Civil Procedure
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Civil disputes that enter the judicial system must follow the rules of civil procedure. These rules are designed to resolve the dispute justly, promptly, inexpensively
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The Pleadings
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A series of statements that give notice and establish the issues of fact and law presented and disputed
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Complaint
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Initial Pleading by the plaintiff stating his case
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Summons
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Notice given to inform a person of a lawsuit against them
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Answer
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Defendant's pleading in response to the plaintiff's complaint
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Reply
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Plaintiff's pleading in response to the defendant's answer
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Pretrial Procedure
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Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient
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Judgment on Pleading
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A final ruling in favor of one party by the judge based on the pleadings
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Discovery
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Right of each party to obtain evidence from the other party
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Pretrial Conference
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a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial
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Summary Judgment
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Final ruling by the judge in favor of one party based on the evidence disclosed by discovery
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Trial
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Determines the facts and outcome of the case
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Jury Selection
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Each party has an unlimited number of challenges for cause and a limited number of peremptory challenges
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Conduct of Trial
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Consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguments
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Directed Verdict
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Final ruling by the judge in favor of one party based on the evidence introduced at trial
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Jury Instructions
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Judge gives the jury the particular rules of law that apply to the case
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Verdict
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The jury's decision based on those facts the jury determines the evidence proves
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Motions challenging the verdict
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Include motions for a new trial and a motion for judgment notwithstanding the verdict
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Appeal
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Determines whether the trial court committed prejudicial error
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Enforcement
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Plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by a third party
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Arbitration
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Type of Alternate Dispute Resolution; A non-judicial proceeding in which a neutral party selected by the disputants renders a binding decision (award)
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Conciliation
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Type of Alternate Dispute Resolution; a nonbinding process in which a third party acts as an intermediary between the disputing parties
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Mediation
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Type of Alternate Dispute Resolution; a nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider
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Mini-Trial
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Type of Alternate Dispute Resolution; a nonbinding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties
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Summary Judgement Trial
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Type of Alternate Dispute Resolution; Mock trial followed by negotiations
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Negotiation
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Type of Alternate Dispute Resolution; Consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties
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Mims v. Arrow Financial Services
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Telemarketer; Brought up in federal court, but Arrow argues that the wording of the law states it must be a state level issue; Turns out that it can be any court
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Volkswagen v. Woodson
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Woodsons were driving their Audi bought from a VW dealer in NY; Were rear ended in OK, and the car caught on fire and severely burned Ms. Woodson and her children; Ruled that OK court cannot preside over this case with "long arm" statute
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Parker v. Twentieth Century Fox
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Parker signed a contract with Fox for a movie filmed in LA; They decided to not film, and instead, offered her a role in a movie filming in Australia; She refused, and still wanted her money she should get under her contract; Judgment in favor of Parker, she is awarded the money with interest
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Nature of Crimes
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Criminal law is designed to prevent harm to society by defining criminal conduct and establishing punishment for such conduct
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Crime
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Any act of omission forbidden by public law
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Actus Reus
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One of the Essential Elements of Crime; Wrongful or Overt Act
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Mens Rea
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One of the Essential Elements of Crime; Criminal Intent or Mental Fault
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Felony
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One of the Classifications of Crime; A Serious Crime
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Misdemeanor
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One of the Classifications of Crime; A Less Serious Crime
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Vicarious Liability
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Liability imposed for acts of employees if the employer directed, participated in, or approved of the acts
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Liability of a Corporation
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Under certain circumstances a corporation may be convicted of crimes and punished by fines
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White-Collar Crime
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Non-violent crime involving deceit, corruption, or breach of trust
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Computer Crime
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Use of A computer to commit a crime
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Racketeer Influenced and Corrupt Organizations Act (RICO)
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A federal law intended to stop organized crime from infiltrating legitimate businesses
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Larceny
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One of the Crimes Against Businesses; Trespassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property
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Embezzlement
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One of the Crimes Against Businesses; Taking of another's property by a person who was in lawful possession of the property
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False Pretenses
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One of the Crimes Against Businesses; Obtaining title to property of another by means of representation one knows to be materially false; made with intent to defraud
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Robbery
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One of the Crimes Against Businesses; Committing larceny with the use or threat of force
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Burglary
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One of the Crimes Against Businesses; Under most modern statutes, and entry into a building with the intent to commit a felony
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Extortion
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One of the Crimes Against Businesses; Making threats to obtain money or property
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Bribery
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One of the Crimes Against Businesses; Offering money or property to a public official to influence the official's decision
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Forgery
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One of the Crimes Against Businesses; Intentional falsification of a document to defraud
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Bad Checks
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One of the Crimes Against Businesses; Knowingly issuing a check without funds sufficient to cover the check
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Defense of Person or Property
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One of the Defenses to Crimes; Individuals may use reasonable force to protect themselves, other individuals, and their property
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Duress
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One of the Defenses to Crimes; Coercion by threat of serious bodily harm; a defense to criminal conduct other than murder
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Mistake of Fact
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One of the Defenses to Crimes; Honest and reasonable belief that conduct is not criminal
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Entrapment
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One of the Defenses to Crimes; Inducement by a law enforcement official to commit a crime
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Criminal Procedure
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Each state and the federal government has procedures for initiating and coordinating criminal prosecutions; In addition, the first 10 amendments to the US constitution, called the bill of rights, guarantee many defenses and rights of an accused
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Steps in Criminal Prosecution
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Arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial
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Fourth Amendment
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Protects individuals against unreasonable searches and seizures
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Fifth Amendment
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Protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by a grand jury indictment
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Sixth Amendment
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Provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, and the right to counsel
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People v. Farell
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Farell stole trade secret equating to a loss valued at 2.5 million; Farell argues that it is not an "item" that can be stolen; Court rules that it is a theft
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South Dakota v. Morse
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Morse was hired to convert a bedroom into a bathroom; Took longer and cost more than expected; Eventually abandoned the project; Licensed plumber was brought in to assess the situation; Concluded that his work was shoddy and illegal; Theft by intent - not sure he had the intent to do a bad job, he seemed to truly believe he could do it; Is charged with theft by intent
