Legal studies exam 1

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Legal studies exam 1
2013-02-27 20:10:54
Legal studies exam

Legal Studies 1
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  1. Affirmed
    When a decision is affirmed, the appellate court determines that the lower court reached the correct decision.
  2. Appellant
    Person who appeals the lower court's decision
  3. Appellee
    Party against who the appeal is filed
  4. Article One of the constitution
    • The article of the constitution that created the legislative branch.
    • (house of reps and the senate)*
  5. The issue(when briefing a case)
    The question that is presented to a court to decide.
  6. The opinion of the court (when briefing a case)
    The reader must ascertain what the court decided and for what reason
  7. The facts(when briefing a case)
    who did what to whom?
  8. The action(when briefing a case)
    What kind of case it is and what remedy is being sought.
  9. What are the four parts of an opinion when briefing a case?
    The action, the facts, the issue, and the opinion of the court.
  10. Briefing of a Case
    Breaking a case down into it's component parts simplifies a persons understanding of the opinion.
  11. Burden of Proof
    The requirement that the plaintiff (the party bringing a civil lawsuit) show by a "preponderance of evidence" or "weight of evidence" that all the facts necessary to win a judgment are presented and are probably true. in a criminal case the burden of proof is on the prosecutor.
  12. Caption
    The part of the case that identifies the parties to the lawsuit.
  13. Case Law
    The written decisions issued by judges.
  14. Citation
    Tells the reader how to locate the case. contains the book, region, state, time frame, volume of book, page it's published, what type of court, and the year in which the case was decided
  15. Codes
    Statements of the law passed by the legislative body of a given jurisdiction.(also known as statutes)
  16. Common Law
    Judge made law
  17. Common Law Marriage
    A marriage in which the parties have the capacity to marry, agree to be married, and hold themselves out to the world as being married.(The concept is no longer recognized in PA)
  18. Compurgation
    One of the three English pre-jury methods of trial that was necessary when a persons oath was questioned; Compurgation required the accused person to bring forward 11 supporters, called compurgators, making 12 people in all who would be willing to take an oath on behalf of the accused.
  19. Concurring opinion
    An opinion written by a judge who agrees with the outcome of the case but wants to note a difference in logic for reaching the decision.
  20. Court Clerk
    Files and maintains court records, financial files, employee records, and copies of legal documents.*
  21. Defendant
    The party who is being sued.
  22. Digests
    Compilations that list the primary sources of case law by topic.
  23. Dissenting Opinion
    A judge writes a dissent when he or she disagrees with the result reached by the majority; the dissent has no value as precedent.
  24. Domestic Partnership
    A relationship in which an unwed couple, including those of the same sex, can acquire legal rights and protections by contract to the other's assets.
  25. Form Books
    Tells a lawyer how to format legal documents
  26. Judge
    The person who presides over the trial and deides questions of law.
  27. Judicial Opinion
    A form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute.*
  28. Jury
    People deciding legal case: a group of people, usually twelve people, chosen to give a verdict on a legal case that is presented before them in a court of law.*
  29. Law Review Articles
    Usually published by law schools and provide very in depth discussion of specific legal issues or important cases and statutes.
  30. Legal encyclopedia
    Starting point for gaining a broad understanding of an issue.(often heavily annotated)
  31. Legal Dictionaries
    a dictionary of legal terms.
  32. Legal Periodicals
    Published by bar associations or legal magazines, and generally come out on a monthly or bi monthly basis.
  33. Legislative Enactment
    The passing of a law by a judicial body.*
  34. Lexis
    The level of language consisting of vocabulary, as opposed to grammar or syntax
  35. Majority opinion
    A decision reached by more than half of the judges of an appllate court panel; a decision rendered by the majority of the court which is the law.
  36. Plaintiff
    The party who initiates the case.
  37. Precedent
    The process whereby judges apply the decision and rules or prior cases to the present case over which they are presiding; see also "stare decisis"
  38. Primary Source
    The written law itself.(cases, statutes, and legal decisions that can decide a case by itself)*
  39. Questions of fact
    In a lawsuit or criminal prosecution, an issue of fact in which the truth or falsity (or a mix of the two) must be determined by the "trier of fact" (the jury or the judge in a non-jury trial) in order to reach a decision in the case.*
  40. Questions of Law
    an issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention.(decided by judge)
  41. Remanded
    The appellate court rewards-or sends back- a case to the trial court when the appellate court finds that the trial judge committed an error in deciding the case or additional evidence must be obtained.
  42. Restatements
    a form of a treatise(dedicated to a single topic or area of law and describes the law in basic succinct paragraphs). They explain a law in relatively simple paragraphs which cite a wide variety of cases on the issue.
  43. Reversed
    The appelate court reverses a decision when it finds the lower court's decision was incorrect.
  44. Secondary Source
    All other writings on the law, including such things as law review articles, treaties, restatements,digests, and encyclopedias
  45. Social Host liability
    Liability imposed upon a person who furnishes alcohol beverages to a guest. That term does not include bars and other establishments who serve liquor on a commercial basis.
  46. Stare Decisis
    The process whereby judges apply the decision and rules of prior cases to the present case over which they are presiding.(aka precedent)
  47. Status and Process
    Who enjoys favored status with the law is more likely to win(easy o predict a case without knowing the law)
  48. Statutory Law
    law enacted by legislature: the body of law that has been enacted by a legislature, or a specific law so enacted
  49. Treaties
    An agreement between two or more countries.
  50. Trial by Ordeal
    An old fashioned method of determining justice where the accused was subject to some sort of physical test, the results of which were supposed to indicate guilt or innocence; e.g. trial by hot water, trial by cold water, trial by fire.
  51. Trial by Water and Fire
    • Having the accused by walking over fire(burned if guilty, not burned if guilty)
    • basically the same concept for trial by hot water whereas vold water they were either to sink or float.
  52. Voyeurism
    For the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views photograph's or films another person, without that persons knowledge and consent, while the person is being viewed, photographed, or filmed is in a place where he or she would have a reasonable expectation of privacy.
  53. Wager of Law
    One of three ancient english methods of trial that simply required the accused person to take an oath, swearing to a fact.
  54. Acceptance
    The unconditional promise by a party to be bound by the terms of an offer.
  55. Administrative Agencies
    A governmental body charged with administering and implementing particular legislation;administrative agencies have legislative, executive, and judicial powers.
  56. Administrative Law
    the procedures created by administrative agencies (governmental bodies of the city, county, state or federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making.*
  57. Alimony
    The obligation of a person to provide periodic payments of support to a spouse or former spouse.
  58. Annulment
    Occurs when there is a legal impediment to a marriage so that the union is null and void from its inception.
  59. 5 steps to a coontract
    • offer
    • acceptance
    • consideration
    • capacity
    • legality
  60. 5th term of a contract
  61. 4th term of a contract
  62. 3rd term of a contract
  63. 2nd term of a contract
  64. 1st term of a contract
  65. Article
    Section of the constitution
  66. Beyond a Reasonable Doubt
    "entirely convinced","satisfied to a moral certainty"
  67. Capacity
    The requirement of a valid contractin which the party is of proper age or sound mind.
  68. Child Support
    The sum of money awarded to the custodial parent or caregiver for the support of a child for such things as food, shelter, and medical expenses.
  69. Commerce Clause
    The part of the constitution that gives congress the power to regulate commerce and trad between states.
  70. Compensatory Damages
    A sum of money that will return an aggrieved party to the status quo as though nothing ever happened.
  71. Consideration
    what each party gives up in return for the other or quid pro quo
  72. Constitutional Law
    deals with the interpretation and implementation of the United States Constitution.
  73. Constitutional Relativity
    The concept that the constitution was intentionally written in broad, vague terms to ensure that the constitution could adapt to changing times.
  74. Contract
    The exchange of promises voluntarily made by those whose agreement is enforcable in court; the five essential elements of a contract are: offer, acceptance, consideration, capacity, and legality.
  75. Crime
    A violation of those duties that an individual owes to his or her community and the breach of which requires the offender to make satisfaction to the public.
  76. Criminal Intent
    The intent to do something wrong or forbidden by law*
  77. Criminal Law
    Those statutes dealing with crimes against the public and members of the public, with penalties and all the procedures connected with charging, trying, sentencing and imprisoning defendants convicted of crimes.*
  78. Damages
    Money awarded to an injured person as the result of the wrongful or improper conduct of another or by breach of contract.
  79. Divorce
    The legal dissolution of a marriage.
  80. Domestic Partnership
    A relationship in which an unwed couple, including those of the same sex,can acquire legal rights and protections by contract to the other's assets.
  81. Duty of care
    Establishes the type of behavior a person must exhibit in a given situation; the basic rule is that a person must conform to the standard of care of a "reasonable person under the circumstances"
  82. Family Law
    Those rights, duties and obligations involving marriage, the family,a civil union, domestic partnership, divorce and other family related issues.
  83. Federal Register
    The official publication of the united states government and provides access to presidential orders and federal laws.
  84. Felony
    a crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine. 2) a crime carrying a minimum term of one year or more in state prison, since a year or less can be served in county jail.*
  85. Fixture
    An item attached to the building and therefore part of the real estate.
  86. Intangible Property
    Property that is not a physical object, e.g. a patent or trademark.
  87. Intentional Tort
    When a wrongdoer purposely sets out to harm another.
  88. Legality
    The requirement of a valid contract in which a purpose and subject matter of the agreement must be legal.
  89. Marriage
    In most states, this is a contract between a man and a woman to marry for life.
  90. Mens Rea
    The necessary state of mind that a perpetrator must have to be found guilty of committing a particular crime; criminal intent.
  91. Misdemeanor
    punishable by less than 1 year in prison(ex. assault, criminal trespass, and harassment)
  92. Negligence
    The failure to do what a reasonable person would do under the circumstances; the three elements of negligence are 1)a duty 2)breach of duty3)negligence must be proximate cause of the harm, and 4) the person sustains damages.
  93. Offer
    A proposal by one party to the other showing a willingness to enter into a valid contract.
  94. Palimony
    Is the support and provisions given to assets of non-married parties assets based upon a contract entered into by the parties before separation to share their assets.
  95. Personal Property
    Consists of all property that is not land or attached to land; the two kinds of personal property are tangible and intangible; includes such things as a car, book, clothes, and furniture as well as bank accounts, stocks, bonds, patents and copyrights.
  96. Prenuptial Agreement
    A contract entered into before a marriage or civil union that spells out the financial consequences in the event the union fails.
  97. Private Law
    Involves matters between individuals; most common forms are contract, tort, marriage, and property law.
  98. Proximate Cause
    Requires that there be a reasonable conncetion between the negligence of the defendant and the harm suffered by the plaintiff.
  99. Public Law
    Invoves the rights, of society as a whole, and those interests are usually handled by a government agency; most common forms are criminal, constitutional and administrative law.
  100. Real Property
    Land and anything attached to the land.
  101. Summary Offense
    Payment of a fine.(ex traffic ticket)
  102. Tangible Property
    A physical object.
  103. Tort
    A private civil wrong against an individual or business for which the court will award money damages; torts are classified into the categories of negligence or intentional torts.
  104. Treason
    Waging war against the country or giving aid and comfort to their enemies.(betraying ones country)
  105. Acceptance
    The unconditional promise by a party to be bound by the terms of an offer.
  106. Bailee
    The person in posession of personal property in in a bailment.
  107. Bilateral Contract
    The exchange of mutual promises that give rise to a contract.
  108. Bill of Lading
    A document evidencing the reciept of goods for shipment issued by an entity engaged in the business of transporting or forwarding goods.
  109. Buyer in the Ordinary Course of business
    A person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, from a person in the business of selling goods of that kind.
  110. Cause of Business
  111. Consideration
    What each party gives up in return for the act or promise of the other. also called quid pro quo or bargain for exchange.
  112. Consumer
    Refers to an individual who enters into a transaction primarily for personal, family, or household purposes.
  113. Contract
    The exchange of promises voluntarily made by those whose agreement is enforcable in court; the five essential elements of a contract are: offer, acceptance, consideration, capacity, and legality.
  114. Contract Implied-in-Fact
    it is reasonable to infer that the parties intend to create a contract by their conduct.(ex. eating a banana in a supermarket is implied that you will pay for it)
  115. Contract Implied-in-Law
    Made to prevent unjust enrichment. also called quasi contract.(e emergency room attendant must be compensated for his services)
  116. Counter Offer
    A change in the terms of the offer by the offeree.
  117. Destination contract
    The seller is required to deliver the goods to a specific destination and the risk of loss does not pass until the items have been properly delivered to that destination.
  118. Electronic Signature in Global and National Commerce Act
    Legislation that will make online transactions the equivalent of a signed paper contract.
  119. Entrustment
    The giving of posession of goods to a merchant who deals in goods of that kind.
  120. Express Contract
    The parties spell out the specifics of the agreement in direct terms.
  121. Gift
    A transfer of title to property without payment or compensation.
  122. Good
    Personal property that is both tangible and movable.
  123. Guarantor
    A secondarily liable cosigner. aka if the student defaults on the loan, then the creditors come after the parents.
  124. Illusionary Promise
    The act or performance of a contract that is left solely to the discretion of one party.
  125. Legality
    The requirement of a valid contract in which the purpose and subject matter of the agreement must be legal.
  126. Liquidated Damages
    A sum of money agreed upon by contracting parties in advance that will be paid in the event of a default or breach of contract.
  127. Merchant
    A person that deals in goods of a particular kind or otherwise holds itself out by occupation as having knowledge or skills peculiar to the practices or goods involved in the transaction.
  128. Moral Obligation
    insufficient consideration to support a contract.
  129. Offer
    A proposal by one party to the other showing a willingness to enter into a valid contract.
  130. Past Considration
    An agreement to base future performance on a prior obligation.
  131. Postal Reorganization Act
    A federal law that makes it an unfair trade practice to send unsolicited products to a consumer in the mail.
  132. Preliminary Negotiations
    Show an intention to contract and constitute valid offers. ex(I bid, would you give me, my lowest price is...etc)
  133. Quasi-Contract
    same thing as implied in law contract.
  134. Quid Pro Quo
    The type of sexual harassment where an employee is expected to give into sexual demands or suffer the loss of some specific job or benefit.
  135. Risk Of Loss
    whose fault it is if the goods are lost or damaged. determined by a couple different factors.
  136. Sale
    The passing of title from the seller to the buyer for a price.
  137. Seller
    A person that sells or contracts to sell goods.
  138. Shipment Contract
    Occurs when the seller is required to ship the goods and the risk of loss passes to the buyer when conforming goods are delivered to the carrier.
  139. Silence as Acceptance
  140. Statute of Frauds
    The requirement that certain agreements be in writing in order to be enforcable by the court.
  141. Surety
    A cosigner that is only primarily liable.
  142. Unenforcable Contract
    The agreement has the technical requirements of a contract but wont be enforced by the court.
  143. Uniform Commercial Code
    A uniform act that regulates the sale of goods and certain other commercial transactions.
  144. Unilateral Contract
    A promise for an act that gives rise to a contract.
  145. Valid Contract
    A contract that satisfies all off the requirements of a binding agreement.
  146. Void Contract
    Refers to an agreement that lacks one or more of the essential elements of a valid contract.
  147. Voidable Contract
    If one of the parties has the legal right to withdraw from the contract without liability.
  148. Tort
    A private civil wrong against an individual or business for which the court will award monetary damages; torts are classified in categories of negligence or intentional torts.