Intro To Law

  1. Criminal Law
    Law created by the legislature for the health, welfare, sfaety, and general good of the public.
  2. Naturalist Theory
    Law created by the legislature for the health, welfare, sfaety, and general good of the public.
  3. Positivist Theory
    Political belief that there should be a superior governmental entity that is not subject to question
  4. Sociological Theory
    Principle that governments should adapt laws to reflect society's current needs and beliefs.
  5. Traditional Balance
    Goal that the judiciary is to allow maximum personal freedom without detracting from the welfare of the general public.
  6. Modern Balance
    Goal to blance the need to for consistancey and stability against the need for for a flexible and adaptive government.
  7. Legal Standard
    Legal principle
  8. Statutory Law
    Law created by a Legislature.
  9. Stare Decisis
    "Let the decision stand"
  10. Precident
    Existing legal standard
  11. Case Law
    Aplication of Stare Decisis
  12. Common Law
    Newly established legal principle
  13. Legislative Branch
    Makes Laws

    • Congress
    • Senetors/Representatives
  14. Executive Branch
    Enforces Laws

    • Pressident/Govoner
    • FBI
    • CIA
  15. Judicial Branch
    Enterprit Laws

    • Supreme Court
    • 9 Justices
  16. Federal Court
    Hears cases only consisting of the U.S. Government, federal laws, and Diversity of citizenship.
  17. State Court
    Part of the Judicial Brach , hear cases involving state law.
  18. Trial Court
    has the authority to hear evidence of parties and renders a verdict.
  19. Appellate Court
    Reviews the action of the trial cort and determines weather a error has been commited.
  20. Legal Analysis
    Reading cases and statutes and applies it to your case.
  21. Case Brief
    • Issue- Legal Question?
    • Rule- Find Statute adressing issue.
    • Analysis- Apply the rule to the case.
    • Conclution- Write your findings
  22. Statutes
    Law put in place by Legislature
  23. Supremacy clause
    Federal Law Trumps State law
  24. Senator
    • 30 Years old
    • 6 year term
    • 9year citizen
  25. Representative
    • 25 Years Old
    • 7 year citizen
    • 2 year term
  26. President
    • 1. Sign Bills
    • 2. Do nothing
    • 3. Veto
  27. Bill
    Proposed Law
  28. Lobbyist
    someone who persuades congress to pass bills in their favor.
  29. Administrative Agencies
    Office created by the Legislature and overseen by the executive branch, they apply certain specified laws created by the legislature.
  30. Enabling Act
    Creates the Authority in the executive branch to organize and oversee an administrative agency by establishing specific goals and objectives.
  31. Delegation Doctrine
    Congress may not assign it's autority to to create statutory law, and no other government entity may assume such authority.
  32. Administrative Regulation
    A regulation that defines, clerifies, or enforces a statutory objective.
  33. Exhaustion of Administrative Remedies
    Requires that anyone having a dispute with an administrative agencies must first follow all available procedures to resolve the dispute within the agencies.
  34. Civil Law
    Law that governs the private rights of individuals, legal entities, and government.
  35. Compensatory Damages
    Award of money payable to the injured party for the reasonable cost of the injuries.

    Return them to the position they were before the aacident.
  36. Procedural Law
    Law used to guide parties fairly and efficiently through the legal system.
  37. Substansive Law
    Creates and resolves the issues between parties.
  38. Remedies
    • 1. Compesatory- $ for damages only
    • 2. Spacific Performance- someone compleat something
    • 3.Exemplary/punitive- Punishment
  39. Complaint/Petiton
    Paper that say who is sueing who
  40. Motion
    Formal request by a party to a lawsuit for court-ordered action or nonaction.
  41. Relevant Evidence
    tends to establish an essitial fact in the dispute.
  42. Material evidence
    Evidence necessary to a fair and informed decision by the trier of fact.
  43. Voir Dire
    Selection of the jury
  44. Jurisdiction
    Power of a court to have authority over someone/something.
  45. Subject Matter Jurisdiction
    Determine actual issue
  46. Original Jurisdiction
    authority of thecourt to determine the rights and obligations of the parties in a lawsuit
  47. Personal jurisdiction
    Authority of a Court to render and enforce rulings over a particular individual and individual's property.
  48. Long-arm Statute
    Jurisdiction beyond court's geographical bounderies.
  49. in rem Jurisdiction
    Authority of the court over a specific item of property regaurdless of who claims property or an interest in it.
  50. Removal
    Defendant asks to remove from state court to federal Court
  51. Judges
    Judicial officer who presides over cases in litigation within the court syst
  52. Admistrative law Judge
    Confined to hearing cases involving the conduct of administrative agencies.
  53. Federal Judges
    Apointed by the President
  54. Fiduciary
    one who is in a position of trust by another with respect to rights, person, or property.
  55. Competence
    Having an adequate knowledge, skill, and training to undertake specific legal representaion in a matter.
  56. Competence
    Having an adequate knowledge, skill, and training to undertake specific legal representaion in a matter.
  57. Client Confidentiality
    Obligation to retain all communications of any sort that occur within the attorny client relationship as private and privileged.
  58. Conflict of Interest
    Either the appearance of or actual divided loyalty by one who is fiduciary
  59. Privilage
    Someone you can speak freely with & know it wont be shared

    • 1. Attorny/Client
    • 2. Husband/Wife
    • 3. Doctor/Patient
    • 4. Priest/Perishoner
Card Set
Intro To Law
Chapters 1-8