Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
47 Cards in this Set
- Front
- Back
Substantive Law
|
Creates/writes obligation
|
|
Public Law
|
Interaction With Society
|
|
Criminal Law
|
Part of public law, protect society against crime. "Prove beyond reasonable doubt"
|
|
Procedure
|
Rules that carry law out.
|
|
Private Law
|
Interaction between one another
|
|
Civil Law
|
Everything thats not private, just prove that most likely they did it. You can only get money no jail time.
|
|
Us Constitution
|
Supreme law of the land.
|
|
Common Law
|
System of precedent. Check previous cases for decisions on current cases, gives consistency and expectation to future cases.
|
|
Stare decisis
|
Stand by your decision
|
|
One state in US that doesn't follow common law
|
Louisiana
|
|
Statutory Law
|
Looks at common law and fills in or modifies or reinforces.
|
|
Administrative Law
|
Enforces Statutes by executive council administrative agencies.
|
|
Administrative Agencies
|
Agencies set up to enforce statues created by state or federal legislature. Ex, Federal Trade Commission.
|
|
Order of appeals:
|
1. Us District
2. Us Circuit of Appeals 3. US Supreme Court 4. Ends but keep Appealing to Supreme Court |
|
Vermont 1st Tier of Courts
|
Superior
District Probate Family Traffic Environment Small Claims |
|
Second Tier of Vermont Court
|
Supreme Court
|
|
3rd Tier of Vermont Court
|
No 3rd level
|
|
Superior Court
|
For private individuals
|
|
District Court
|
Criminal cases
|
|
Probate Court
|
Wills and Estates.
|
|
Subject Matter Jurisdiction
|
Certain courts can hear certain things, ex traffic court.
|
|
Party Jurisdiction
|
Defendant(s) can be outside borders of a state and still be obligated to laws of state they are not in, (but broke laws in).MCGEE in LA
|
|
Other Party type Jurisdiction
|
In rem
quasi-in-rem. |
|
Venue
|
Location usually changed to a place with less publicity to give more fair judgment without bias.
|
|
Rational Relation Ship Test
|
if effects "suspect class" use strict scrutiny, compelling reason for discrimination.
|
|
Eminent Domain
|
The power of the government to take private property for public use upon payment of fair compensation.
|
|
Two Elements of Crime
|
1. Mens Rea (form requisite criminal intent)
2. Actuss Reuss (did the crime) |
|
Special about the crime of conspiracy?
|
doesn't use both elements of crime.
|
|
Robbery:
|
Larson with force or threat.
|
|
Burglary
|
Breaking/entering mixed with stealing or crime.
|
|
Larson
|
Trespatory taking of property with intent to deprive.
|
|
Embezzlement:
|
No trespassing, but still stealing.
|
|
Deadly force rule
|
Can't use deadly force to defend yourself unless deadly force has been used against you.
|
|
Retreat Rule
|
If you can retreat then you have to retreat except in home or work.
|
|
6th Amendment
|
Right to an Attorney
|
|
5th Amendment
|
Double Jeopardy/ don't have to testify against yourself.
|
|
4th Amendment
|
No random search or seizure.
|
|
Tort
|
Any civil wrong other then breach of contract. Intentional. Negligence. Strict Liability.
|
|
Intentional Tort
|
Looks like a crime, most likely person X did.
|
|
Assault
|
Fear
|
|
Battery
|
Contact
|
|
False detainment
|
wrongfully detained if you feel like you can't leave.
|
|
Defamation
|
Lie about someone and they suffer economic/ emotional damage.
|
|
Appropriation
|
Uses name likeness or persona without permission for economic gain.
|
|
Conversion
|
If stolen from you can get 3 x in cash.
|
|
Elements of Negligence
|
1. Duty (Responsibility for)
2. Breached reasonable standard of care. 3. Causation 4. Approximate Cause 5. Damage or Injury |
|
Res Ipsa Loquitar
|
The thing thinks for its self
|