-
Water saturated lands that can not be filled or dredged w/o a permit
Wetlands
-
The accused claims that he/she was induced by a public official to commit a crime that they would not have otherwise
Entrapment
-
Federal circuits for states given
FL 11 NY 2 Tex 5 Ill 7 Ca 9 Pa 3
-
Geographic district in which legal action is tried and jury is selected
Venue
-
legal requirement that one must have sufficient stake in controversy before bringing a lawsuit.
ie.man sues vs a law he says discriminates against women... court says he has no ______
Standing to sue
-
documents establishing the law on a particular issue
ie. Constitution, admin. rule, court decision
Primary source of Law
-
Publications summarizing or interpreting law
ie. law encyclopedia, legal treatise, law review article
Secondary source of law
-
intentional, unexcused, and harmful contact
ie. firing a gun
does not need awareness just proof it occured
Battery
-
intentional,unexcused act creating in another person a reasonable apprehension or fear of immediate or harmful of offensive contact
ie. pointing a gun
needs awareness
assault
-
civil wrong not arising from a breach of contract or agreement. A breach of a legal duty that proximately causes a person harm or injury
Tort
-
willfully and maliciously burning a building owned by another
Arson
-
con job using fraud to obtain temporary possession so you can permanently deceive someone
Larceny by trick
-
forceful and unlawfully taking personal property from another
"larceny by force"
Robbery
-
Robbery with a deadly weapon
Aggravated robbery
-
guilty act of committing a crime
actus reus
-
wrongful mental state (guilty mind)
mens rea
-
registering mispelled names of popular brands
Typosquatting
-
registering some or similar domain name to that of a trademark and offering to sell that to a trademark holder
cybersquatting
-
the use of a person's name, picture, or other likeness for commercial purposes or profit w/o their permission
appropiation/right of publicity
-
RICO
Racketeering Influenced & Corrupt Organizations Act:
-
A crime- murder, rape, or robbery, that carries a more severe punishment from over a year to life
Felony
-
a lower crime, disorderly conduct, trespassing, petty theft, punishable by a fine or less than a year
misdemeanor
-
fraudulent appropiation of money or other property by a person who has been entusted to handle the money
embezzlement
-
falsely reporting incomee that has been obtained through criminal activity as income through a legitimate business enterprise
Money Laundering
-
defamation in oral form
slander
-
anything published or spoken publicly that ruins character or reputation or good name in society
defamation
-
the science & study of law and how it is created and applied, study of different schools of legal philosophy
Jurisprudence
-
Law is an evolutionary process it adapts and grows
Historical school
-
no higher law than that created by legitimate government
Legal positivsm
-
circumstantial, case by case
ie. man steals an apple for starving child
legal realism
-
knowledge of falsity with the intent to deceive
scienter
-
many jurisdictions hold that a business/individuals who serve liquor after the person is intoxicated maybe held liable for injuries by the intoxicated person
Dram shop
-
Employer is responsible for an on duty worker for negligent acts
respondeat superior
-
danger of ______ is ______ . chain reaction
proximate cause
-
failing to excerise the standard of care that a reasonable person would exercise in similar circumstances
negligence
-
questionnaire before trial starts
examination before trial
-
decide whether or not to go to trial, group of citizens
grand jury
-
the five sense tort,
nuisance
-
Taking, using, selling, or retaining possession of personal property that belongs to another without the other’s permission or legal authorization
conversion
-
exagerrated claims concerning the property offered for sale ie. fastest car in the world
puffery
-
must be followed ( constitutional provisions, statutes, treaties, regulations, ordinances or previous court decisions governing the particular issue). Previous court decisions in the same state have binding precedent.
Binding precedent
-
that party that is causing the damage will pay for the cleanup
PRP Potential Responsible Party
-
Parts of a Brief in order
- Citation…legal address
- Facts…….what happened
- Issue…….Relevant Legal concept involved
- Decision…What did the court decide
- Reason…..Why the court decided that way
-
is a formal analysis required for any major federal action that will significantly affect the quality of the environment to determine the action’s impact and explore alternatives.
EIS Environmental Impact Statement
-
The primary federal regulator of air, soil, and water quality, its duties include reviewing EIS
EPA Environmental Protection Agency
-
false advertising and rectifying it
Cease and Desist
-
retract and correct its prior unfair or deceptive advertisement
counter advertising
-
international intellectual property protection Copyrights
Berne convention
-
international intellectual property protection trademarks
Madrid protocol
-
international intellectual property protection Everything
Trips agreement
-
-
may be followed or used as guidance in making a decision. This includes primary and secondary sources of law and other state caselaw.
persuasive authority
-
Law should be used as a tool for social change and justice ( end slavery, give women the vote etc)
Sociological School
-
elements of Negligence
- Duty- defendant owed a duty
- Breach-breach of that duty
- Causation-breach caused injury
- Damages-plaintiff suffered injury
-
Schools of legal thought
- Natural Law-tied to relegion
- Legal positivsm- no higher law than that of govt
- Historical school- law is a evoultionary process adapts and grows
- Legal Realism- case by case depends on scenario
-
FDA
Food and Drug administration
-
FCC
- Federal Commuination Commission
- Broadcasting
-
OSHA
- Occupational Safety and Health Administration
- Job safety
-
EPA
Enviromental Protection Agency- protecting environment deal with EIS
-
Elements of fraud-intentional deceit usually for personal gain
- -mistatement ommission
- -of material facts
- -kwowingly w/ the intent to deceive
- -on which a reasonable person would rely
- -innocent party actually relied to her detriment
- -innocent party loss
-
immanuel Kant
Central theme evaluate actions based on if everyone in society acted the same way ie. cheat on the test
-
Jeremy Bentham
Utilitarianism-is evaluated in terms of its consequences for those whom it will affect. ie. a good action greatest good for the greatest amount of people
-
Knowledgeable user defense vs product liablity
- if a particular danger is or should be known by the user of the product, the manufacturer need not warn user of danger
- ie McDonalds
-
Obvious danger defense vs product liability
dangers associated with products such as knives or guns are so commonly known that the manufacturer need not warn of obvious danger
-
Product Liability
legal liability of manufacturer/seller of goods for injuries caused by the goods to consumer
|
|