Stack #2619816

Question Answer
What is the Rule of Law? The Principle that law, not men, govern and no one else is above the law
Where did the rule of law come from? Aristotle
What are beliefs and how do they relate to law? Ideas about how the world operates and as these views change, the laws change with it
What are values and how do they relate to law? Standards about what is good and what is bad, this can create parties like conservatives and liberals.
What is technology and how does it relate to law? The totality of knowledge and techniques that people employ to create objects for their sustenance/comfort. The more a country has of this the more complex laws can get.
What was the first legal code and how was it used? The Code of Hammurabi and it was a set of judgments originally pronounced to solve particular cases.
Thomas Hobbes Seminal thinker of interest-based, rational choice theory. He argued for a strong sovereign that was capable of enforcing social contract to provide security against disorder and anarchy. He didn't agree with the notion of natural law.
Plato His writings affects all Western Legal systems
John Locke Came up with the idea that in order for people to go under social contract willingly, we must protect their individual freedoms and not fuck them over with excessive government rules. Liberal
John Rawls Believes Justice and fairness, believes people are equal, rational and self interested for a conception of food, wants to conduct wealth distribution in a society in a manner that's fair.
substantive justive the minimum we owe one another
Formal Irrationality decisions are based on formal rules not based on logic (superstition, witchcraft, etc)
Substantive Irrationality decisions are subjectively made by nonlegally trained individuals on a case by case basis
Substantive Rationality Decisions are made on a case-by-case basis with logically consistent principles other than law (religion, ideology, etc)
Formal Rationality Decisions based on formal logical rules and principles made by legally trained persons.
What idea is america founded on? The idea of self determination
What is Locke's enlightenment concept of universality? All persons are created equal and no one person is the source of our rights.
Unalienable rights Life, liberty, and the pursuit of happiness.
Natural Law Emphasizes morality, based value judgement and principles are fixed, eternally valid and these principles are universal and the law is a fundamental requirement of human life in society.
Legislative Congress. Power to Lay and Collect Taxes, make all laws, regulate commerce w/ foreign nations.
Crime Control Model Emphasizes high community protection, would rather incarcerate someone when they're "probably guilty" just to be sure.
Due process Model Concerned with the integrity of the legal process, legal over factual prosecutions (all about the evidence)
Star Decisis Prior decisions should govern future decisions and courts should be consistent w/ their interpretation of the law.
Precedent The final decision creates this that helps govern the court issuing the decision as well as any lower courts.
Executive PresidentProposes Laws, conducts foreign policy, commands armed forces, negotiates treaties.
Judicial Supreme CourtInterprets constitution, reviews lower-court decisions.
What does the constitution do? Grants the federal government with power over issues of national concern and grants state governments power over issues of domestic concern.
10th amendment States have all the power that is not specifically granted over the constitution.
How is legislative broken up? Into two houses, the Senate and the House of Representatives.
The House 435 voting representatives with two year terms. Must be 25 to be a representative and can't be living in the state he chose while they are representing them.
The Senate Two senators of each state for six years and each senator has one vote. Must be at least 30.
Who has sole power of impeachments? The House of Representatives
Who has sole power to try all impeachments? The Senate
What was the first political documents that asserted America's nation was dedicated to the proposition that all men are created equal? The Gettysburg Address
What was the declaration of independence created on the concepts of? The idea of self determinationThe concept of universalityThe formulation of unalienable rightsA role for central government
1st amendment Freedom of speech, press and assembly; freedom of and from relgion
14th amendment Right to citizenship of native born people, all citizens get equal protection, protect for race/religion suspect classes.
Transactional Law Businesses, corporations, LLCS, works with negotiating and drafting contracts, tax law.
Civil Litigation When a suit if filed against you for some reason or another
Criminal Law concerned w/ punishment of individuals who create crimes
Civil Law addresses legal rights and duties from individuals and organizations. Public, private, substantive and procedural law is seen in criminal law.
Substantive law creates, defines, and regulates legal rights and obligations
Public Law deals w/ relationships between government and the citizens
Private Law Regulates legal relationships between individuals, like contracts.
Statutes Laws created by legislative bodies
What can a party do if they're dissatisfied with the decision of their trial court? Take their course to the intermediate court of appeals.
Courts of Appeal Middle level federal system, has 12 regional courts and has no original jurisdiction.
District Courts Lowest level of the federal system, original jurisdiction over most cases.
What are the primary sources of Law? Law cases, constitutional texts, legislative texts and regulatory texts.
How does the first amendment apply to business? They have to full under commercial speech, so they can't do things like false advertising.
Manner restrictions Are in place so symbols or images in ads are appropriate for audiences.
Due process rights Every citizen has a right to adequate warning of legal proceedings and a right to a speedy trial or to be heard before court.
Substantive due process The governments right to protect a citizens' fundamental rights to life, liberty or property.
5th amendment You can't be forced to answer to a crime w/o formal charges, can't be charged w/ the same crime twice, can't be forced to self-incriminate, can't be deprived of your three natural rights, can't take someone's private property for public use.
What is a crime? Any act or omission in violation of a law prohibiting it.
How is criminal law primarily and strictly codified? Through various statutes
Three elements of a crime Act, mental state, and causal link.
Four categories of a crime: Personal, property, inchoate, statutory and financial crimes.
Personal crime definition and examples Crimes that result in physical or mental harm to another person, ex: assault, child abuse, rape.
Property crime definition and examples Interference w/ the property of another individualex: burglary, auto theft, shoplifting.
Inchoate crime definition and examples Crimes that were initiated but not completedex: soliciting, attempted crimes, conspiracy.
Statutory crime definition and examples The simple act of doing the crime is sufficient, you don't really need proof if the intent. ex: DUI, possession of drugs, selling drugs, etc.
Tort Takes care of all the crazy shit that can happen to a personex. a doctor inviting his friend to watch him deliver a random woman's baby.
Basic elements of a tort: Duty, breach, causation and damages
Due care The amount of care a reasonable person would exercise under given circumstances.
What is the representation of a reasonable person? An imaginary prudent person who takes the precautions necessary to avoid harming other people/property.
Under tort law, to what standard are people with mental disabilities held to? The same standards as people who don't have mental disabilities.
Negligent tort Deal with damages and there's a representation that all injuries can be reduced to a monetary amount but the worth of a limb can be hard to calculate in comparison to the worth of a totaled car.
Nominal damages Claimant shows the defendant committed a tort but hasn't suffered any losses.
General Damages Pain and suffering, prospective loss of earnings
Special Damages Medical expenses, lost wages, property damage
Punitive damages Limited to classes oc consciously malicious/outrageous acts of misconduct.
What kinds of laws govern contracts? Common Law and Uniform Commercial Code
When does the Uniform Commercial Code law apply? only under the sale of goods
Five features of a contract Agreement, consideration, capacity, genuineness of assent, legality of purpose.
Consideration feature of a contract The bargained for value that one promises to deliver. can be money, services, objects, etc.
Capacity feature of a contract Parties must be legally able to enter the contact and be sane and sober.
Genuineness of Assent feature of a contract Parties must agree to the same things.
Elements of a valid offer Genuine intent to enter a contractreasonable and definite contract terms communication of the offer to the offeree.
Affirmative defenses The defendant must product evidence and convince the jury that they are innocent without a reasonable doubt
Justification defenses The defendant admits to the crime but says the act was not criminal (acting out of self defense, unwillingly, etc)
Excuse defenses The defendant admits to the crime but says that due to the circumstances, they aren't responsible (gun to your head, insane, too young, etc)

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