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81 Cards in this Set
- Front
- Back
Law
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a rule a goverment will enforce
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legislative law
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laws enacted by the various state legislatures and the United States Congress
2 kinds: Legislative & Statutes |
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constitutional law
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constitutions and their amendments. require 2/3 majority to enact
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statute
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legislative laws sed to control bothe the government and its people
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code
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an orderly arrangement of laws organized according to subject matter
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state code
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state constitutional provisions and their statutes
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U.S. code
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legislative laws enacted the the U.S. Congress
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judicial law
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the interpretation of the law made by the courts, consists of reported case decison and is summarized in legal encyclopedias
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common law
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aka judicial law, primary authority comes from the courts
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precedent
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a case decision which the courts will follow in the future when similar situtaiton present themselves
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legal encyclopedia
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contain summarized state and feeral case law and are well organized and clearly written
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Am. Jur. 2nd
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most widely used legal encyclopedia
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administrative agency
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govermental units created by state legislatures and ocngress to regulate areas of the law requiring special expertise and constatn vigilance
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administrative regulation
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regulations established by administrative agencies
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state code of administrative regulations
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book in which all state agencies publish their codes
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Code of Federal Regulations
CFR |
the book in which all U.S. administrative agencies publish their codes and regulations
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enabling acts
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statute which create administrative agencies and given agencies authority to regulate various aspects of governmental activities
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priority of laws
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constitutional provisions, statutes, judicial laws, and administrative agencies
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Doctrine of Federal Supremacy
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when state and federal laws conflict, feral laws have supremacy
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Tort
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wrongful actions for which the courts will grant compensation
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cause of action
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a right to relief from the courts
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civil action
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cause of action belings to an individual or company rather than the public at large
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criminal action
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wrongs against the public in general actionable only by the government
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double jeopardy
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constitutional prohibition against trying a person again after a first trial for the same offense
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res judicata
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legal doctrine that prevens an aggrived party from taking a matter before a court more than once
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injunction
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a type of court order probitibiting the toritous conduct in the future
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nominal damages
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damages in name only and are usually no more than one dollar
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compensatory damages
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damages designed to merly cover the cose of the losses to the victim
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punitive damages
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damages awarded in addition to compensatory damages to punish the wrongdoer and discourage the conduct
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battery
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intentionally causing the offensive touch of another
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offensive touching
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touching w/o permission
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express consent
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consent made with words
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implied consent
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consent made by actions
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assault
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intentionally causing apprehension of battery
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apprehension of battery
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expectation of being touched immediately
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false imprisonment
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intentionally causing confinement where the victim is aware of the confiment or harmed
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imprisonment
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confinement
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confinement
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detaining someone who is aware of being detained or injured in the process for any lenght of time whatsoever
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emotional distress
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mental suffering such as grief, fer, anger humiliation, etc
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outrageous conduct
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conduct that substantially exceeds the limits of human decency
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invasion of privacy
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intentionally causing:
appropriation of the right to publicity, or intrusion into private places, or public disclosure of private facts, or placement in a false light |
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appropriation
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using a person's name or image w/o consent
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intrusion
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entering into te private places of antoher by physical, elctronic or other means
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public disclosure
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communication of information about a person to someone w/o legitimate interest in the information
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private facts
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facts that people generally consider to be perosnal such as creidty ratings, health conditions, educaitonal records, etc.
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false light
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creating a situation in which others are led to believe something about the person that exposes him to ridicule or contempt
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real property
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the land and everything attached to it in a permanent way
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trespass to land
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intentionally causing somehting to enter the land or airspace of another
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airspace
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extention of a persons property to the point where the goverment has taken an easement for private, commercial, miliarty and scientific aviation
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private nuisance
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intentionally causing interference with the use of privately owned land
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public nuisance
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interfence with publicly owned land, actionable only by goverment
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chattels
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personal property
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personal property
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all property that is not land or permanently attached to land
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trespass to chattels
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intentionally causing interference with the chattels of another
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conversion
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intentionally causing the taking of the chattels of another
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taking
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actually carrying the item away or merley rendering it useless while it is still in the possession of the victim
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intentional misrepresentation
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intentionally misrepresenting material facts to others who justifiably rely on their detriment
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fraud
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a lie
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justifiable reliance
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the victims reasonable reliance on a lie. victime cant be negligent in relying on the misrepresentation or reliance will not be found resonable
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fraud in the inducement
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lying to someone about people to motivate them to take some action that is not in their best interest
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fraud in the execution
(fraud in the factum) |
lying to someone about what they are signing
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defamation of character
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intentionally publishing a false and defamatory statment about a person w/o a privilege to do so
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libel
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written defamation
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slander
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spoken defamation
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pulication
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communication of a defamatory statement to a person other than the victim
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defamatory
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false and 'bad' statment that subjects victim to ridicule or contempt
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conditional privilege
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people have a conditional privilege to pubish false, defamatory statements about others when they have reason to beleive the statement are true and they communicate only with parties who have a legitimate interest in the information
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injurous falsehood
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intentional and malicious publishing of a false and derogatory statement about a persons title, property, credit, business or other property or interests
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malicious
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statement made for an improper purpose knowing that it is false or with recless disregard for the accuracy of the statement
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interference with contractual relations
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intentionally causing another to breach a contract
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contract
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a promise courts will enforce
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interference with prospective advantage
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intentionally interfering with anothers business for a purpose other than fair competition
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prospective advantage
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opportunities to earn profits from a persons business
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negligence
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neglisgence is the breach of a duty to behave reasonably which causes foreseeable harm to foreseeable victims
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strict liability
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liability imposed w/o fault or negligence, people who engage in dangerous activities or in selling unreasonably dangerous defective products will be liable for any damage resulting from their activities or products regardless of how careful they have been
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duty
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a legal obligation to do or refrain from doing something
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contribution
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occurs when a person provides an action or thing necessary for an occurence in which somone is injured
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fiduciary duty
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a legal obligation to act in the best interest of another
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fiduciary relationship
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relationships in which one or both of the parties have the legal right to rely to rely upon and trust the other
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proximate cause
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the nearest cause of the harm, which is what defines by causeing the plantiff damages
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harm
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damage to a victims body or economic interests
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