Law & American Society

  1. What are the modern system? Who makes the laws and rules that govern society?
    • 1. Common Law- Judge made law
    • 2. Statutory Law- Laws made by legislature
    • Congress, State and City council
  2. Where did the legal system in the United State orginate?
    • 1. Egypt the first written legal system
    • 2. Roman Civil law. The orgin of statutory law
    • 3. English Common Law- The orgins of judge made law
  3. What is a stare decisis?
  4. The constitution established fundamental rights. The constiltution protects against government.
  5. How many articles and Amendment are there?
    7 Articles, 27 Amendment
  6. What are the name of the legislation.
    • Bill- propsal law (not a law)
    • statute- law pass on a congress federal law---pass on l
    • state leve
    • Ordinance- law pass on local level
  7. What are the types of trials in the past?
    1. wager of law- based on rep=good character is not gulity. Bad character is gulity.

    2. Trial by Ordeal- Physical test determine if guility or not. (fire and water test)

    3. Compurgation- based on rep 11 and the accused try to convince judge.
  8. What are some similarity with the modern day justicial system and the past?
    • Scholar from rome= Congress/ legislature
    • Emperor= president
    • Federal Law- "Code" Fed laws are the US code
  9. What are the English Common Law? History
    Based on custom and tradition of society (different regions)

    Wealth (landowners) judges had power over the land.
  10. What is status and process? State examples
    The law protects certain indivduals in favorable of law.

    For example.

    The protection of children, government and family units.
  11. Statue of invasion of privacy. (Penn)
    A person commits crime of privacy if he/she knowling photograph w/ another w/o consent while the person is in full/ partially nudity and is a place where the person would have a reasonable expectation of privacy.
  12. Caption of case
    Plaintiff files lawsuit (Name usually appears first)

    Defendant -being sued (Defending themselves)

    • case goes up on appeal
    • Appeallant-files appeals

    appelle- appeal against
  13. What are the 4 main points of breaking down a case?
    1. The Action- The kind of case. ex criminal prosecution or cilvil lawsuit

    2. The Facts- What happened

    3. The Issue- Legal question the court had to decised

    4. The opinion of the court. how the court answered
  14. Types of opinions
    • unanimous- all judges agree on a case (all 7)
    • majority- most judges agree ex 5/7
    • concurring- judge who agree w/ other judges but for different reasons
    • dissenting- disagree w/ majority
  15. Action on appeal
    Affirm- appealing court agrees w/ the decision below

    reverse- dont agree w/ the decision below---decision is changed

    remand- the court is sending case back to the lower level---new trial
  16. What is a public law?
    The rights of society. (criminal, constitution, admin)
  17. What is a private law?
    • The rights of individual
    • ( contract law, tort law, property law and family law)
  18. crime
    A violation of those duties that an individual owers to his or her community and the breach of which requires the offender to make satistfaction to the public.

    a violation of the rights of society not the individual victim
  19. Four main categories of crime
    1 treason- waging war against the country or aiding the enemy. ( cannot be convicted unless there are 2 witness testify against the accused) Pent: 5 yrs- death

    2 felony punishable crime by more than 1 yr. (Bad for society---murder, lightinting things on fire. robbery, battery [using force against another]

    3 misdomeanor crime serious enough- less than 1 year ( assault, theft w/o using force, trepass and destruction of property.)

    4 Summary least offense toward society. Usually a fine (traffic tickets ect)
  20. Actus Reus & Men Reas
    Actus Reus is the actually committed of crime (must prove to defendant committed crime.

    Men Rea- state of mind. criminal intent. Legal system wants to know if the defendent intented, knew, should have known when he/she committed the crime
  21. 4 possibility of mental state
    1. intent- show that you set goals to do crime

    2. knowingly- know what would occur

    3. recklessness- should have known

    4. neglangance- slooy behavior that can not be excused.
  22. Private Law
    intention tort




    invasion of privacy
  23. Status and process- Life versus Property
    The legal system is favorable of life over property. You can use force to protect property but it cannot be force that will take life or cause serious injury.
  24. Killing is only excusable when...
    • 1. Denfendant did not provoke
    • 2. reasonable fear for life
    • 3. Must kill to save life
    • 4. Must retreat (get away w/o being harmed)
  25. Property law- the rights and duties arising out of the ownership and procession of real estare and personal property.
    Land property- everything land related

    personal property- everything not attacted to land.

    • ~tangible physical object
    • ~ intangible- ownership evidence of legal document. (patent, cpoyright,
  26. Copyright infrigement
    Any replication or association [that is not a personal belonging] to a copyright company can sue
  27. Ownership of Property
    Tenancy in Common- When the co worker dies his/her share passes to the person heir

    Joint Tenant w/ Rights of Survivorship- When co worker dies his/her share passes to the surviving owner

    Tenancy by the entirely- married ppl can protect the marital asset since each owns 100%----equal ownership
  28. Family Law- Regulated by state law
    The rights, duties and obligation involving marriage, civil unions, domestic partnership, child support and other family issues.
  29. annulment of marriage. When there are legal restriction so that the union of a marriage and be decaled null and void.
    Ex. People pervious married who did not get divorce gets married.---- files annulment
  30. Administrative Law- The congress created administrative agency to help deal w/ particlar problems in the US.
    As Public agency, protect a public interest or sector instead of private rights or person.

    Can exist at any level of the government- federal, state and local
  31. Admininstrative agency hace judical power called agency adjudication.
    Similar to court cases, witnesses are heard, evidence----resolve problems in certain areas.

    Since they are on specific subject---finding would not be charged on appeal
  32. Contract Law

    3 requirements. They must be

    1. Definite
    2. made w/ the intent to contract
    3. be communicated to the party for whom the offer is intented to.
    The exchange of promises voluntarily made up by the parties, which agreement is enforable in court.

    5 elements

    1. an offer

    2. acceptance

    3. consideration

    4 capacity

    5 legality
  33. Contract Law offers protection to certain groups

    children, insane ppl and intoxicated ppl
    Contract of minors- minor may disaffirm contract but the adult is still bound. Minor doesnt have to return something in the same condition---all they have to do is return what is left of the purchase or recieved.

    Minior may ratify a contract upon reaching maturity.
  34. Contracts must be legal

    cant have a contrac w/ drugs

    When contacts are not signed in writting, each person must fully analyze and understand.

    Read and understand document before you sign.
  35. Tort- private or civil wrong against an individual for which money is rewarded.
  36. Negligence- one fails to act as a reasonable person under the circumstance

    Driver lose focus and unintentionally crashes into another car. still liable to pay for damages
    Miniors are held to the standard of care of a child similar to their age b/c childten motor and intellectural skills varies. Unless they are doing adult mannerss such as driving or flying an air plane.
  37. Contribution ngligence-the failure of the plaintiff to act as a reasonable person under the circumstance.

    comparative neglience-harsh. the plaintiff pays the percent of the fault of damage.

    assumption at risk-the plaintiff knows the danger but still put themselve at risk of harm
    ex of contribution- driver going thur a red light is negligence. While the other operator w/ the green lightn has the right of way. If both are not looking..both negligence. the one who went through the red light is fully liable.
  38. neglience maintance. What are the 4 elements that you must have
    • Duty
    • Breach of duty
    • proximate cause
    • damages
  39. intentional tort-the impostion of money damage

    punitive damages-money award to punish the wrongdoer for their acts
    Punitive damages are rewarded based on the cause of action th decedent would have had if he/she was still alive
  40. Due Process

    two parts
    1. Substantive due process
    2. Procedural due process
    Due Process- fundamental fairnesshearing both sides of the story

    Substantive due process is the actual law

    procedural law is the way the actual law is made, enforced and administered.
  41. Types of proposal

    Joint Resolution
    Concurrent Resolution
Card Set
Law & American Society
Mid Term cht 1-3al