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Definition
| short, direct introduce what you are going to do |
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| certain things you can and cannot do |
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| person who made statement outside of court must come into court to tesify, gives opposition to cross examine |
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| if a person who is about to die, they are probably telling the truth...doesn't/cant cross examine |
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| railroad should have known children are playing on tracks....should have protected against it better |
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| request, infinite #, motion for venue |
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| plaintiff hasn't carried his burden of proof |
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Definition
| between lawyers, client ultimately decides |
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Definition
| plaintiff and defendant give instructions to jury, judge decides which are given |
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Definition
| restatement of everything that has been accomplished |
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Definition
| go to get verdict on record |
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| If other party party doesnt pay in 30 days...attachment |
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Definition
| go to sheriff and tell them to go seize items and sell them at auction, you get the precedings |
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Term
| if other aprty doesnt pay in 30 days...garnishment |
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Definition
| tell sheriff to go to employer and employer will take % or amount of money until settlement is paid off |
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Definition
| person with no property/earnings |
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| only a plaintiffs lawyer can take on ...on accident cases. lawyer is entitled to 1/3 of amount won in resolvement....no other country accepts contingent fee. |
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Definition
| if i lose, i pay my guy and you pay your guy |
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Definition
| if i lose i pay my guy and your guy |
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Definition
| relatively small claim that you want to sue someone for. get all people with similar claim to sue for more money |
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Definition
| 90% of all criminal cases decided this way, deal being made to plea a lower charge. cost efficient towards large amount of criminal cases, must be approved by a judge |
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Definition
| deal with relationship between government units |
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| legislative power, what congress can do, commerce claims |
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| exectuive power, lays out what president can do |
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Definition
| judicial powers, court system |
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Definition
| full faith and credit provision: each state gives credit to other states |
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| supremacy clause: if conflict between fed/state legislation...fed wins |
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| fundamental fairness, substance/procedure of the law |
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| transformation of power between fed and state gov't |
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| advertising; state has a lot of power to regulate |
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| written in editorial page of the newspaper. every citizen is allowed to have their opinion in the open |
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| allows police to do things |
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Definition
| need this to get a warrant, judge must determine if sufficient evidence |
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Definition
| must do their job in a legal way, anything that comes out of this cannot be used |
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| computer comes up with your name randomly, past offenses |
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Definition
| entitled to be quiet after being arrested |
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| not forced to testify against yourself, corporations do not have this right |
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Definition
| not forced to testify against yourself, corporations do not have this right |
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Definition
| cannot be tried twice for the same crime, only after not guilty |
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Definition
| gov't has the right to take property. property must be for public use. entitled to just compensation for market value |
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Definition
| each defendant right to counsel |
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Definition
| cruel and unusual punishment, death penalty used mostly at state level |
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Definition
| zoning regulations separate commercial from residential, not everywhere has zoning regulations and maintain value of property. |
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Definition
| if two individuals exchange promises and one doesn't live up to it, the gov't will enforce the contract, allows each individual to determine how much risk they want to take in the future, promise to do something in the future |
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Term
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Definition
| both parties agreeing to something |
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Definition
| find my wedding ring and i will pay you 100$ |
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| covers contracts of commercial goods |
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Term
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Definition
1. offer/accept
2. consitution
3. capacity
4. legality |
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Term
| contracts can be terminated: revocation |
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Definition
| pull back offer before decision is made |
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| contract cancelled if: counter - offer |
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Definition
| terminates original offer...so does death |
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Term
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Definition
| buyer is willing to pay seller amount of money so that they the buyer is the only one who can can buy the house for a specified amount of time. if house is bought, this goes toward the house |
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Definition
| no direct financial incentive to the firm but still get to participate in the board of directors |
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Term
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Definition
| protects directors and officers from liabilities the board creates |
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Term
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Definition
| courts reluctant to review actions taken by the board |
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Term
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Definition
| illegal to make bribes overseas |
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Term
| When it comes to selling off the whole firm... |
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Definition
| firm must maximize shareholder value |
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Term
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Definition
| it made sense for oil and gas industries to buy into retail market because it is fairly stable |
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Term
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Definition
| people lend money and in return they get a second place bond with a higher rate of return...used to help buyout companies |
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Term
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Definition
| limit the ability of a person to buy certain amounts of shares in a company. arguments against: prevents interstate commerce, violation of supremacy clause: fed has regulations that the state should not be able to to change |
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Term
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Definition
1. facts
2. issues
3. discussion
4. decision (who won) |
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Term
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Definition
| law is the means of getting towards a just society |
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Term
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Definition
| dynamic/changing/slow moving institution that lags behind society |
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Term
| The plaintiff of criminal cases is always the... |
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Definition
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Term
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Definition
| if you understand, you can go find and read the entire case |
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Term
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Definition
| questions about the philosophy of the law |
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Term
| naturalist (locke and jefferson) |
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Definition
| each and every person has an idea of good/bad behavior. you have the responsibility to follow your own conscience |
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| Positivist (Hobbes and Hamilton) |
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Definition
| As long as you are a member of society you must follow the laws set by it |
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Term
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Definition
| any institution can create rules and you must follow those institutional rules in addition to the gov't |
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Term
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Definition
| Lock believes man is good (weak gov't), Hobbes believes everyone is evil (strong gov't) |
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Term
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Definition
| gov't go into real word and write law that reflects behavior |
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Term
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Definition
| cost benefit to determine action to take, greatest good for greatest # of people |
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Term
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Definition
| first set of rules .....ever |
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Term
| Civil law (rammus & napoleon) |
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Definition
| foundation for most codes today. as a citizen it is your duty to know the law. Louisiana still follows Napoleon code. |
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Term
| common law/Njal's saga/English |
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Definition
| US has common law system. base judgements off of precedents (cases similar that have been settled) |
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Term
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Definition
| "let the decision stand" use precedent to decide how present controversy should be settled. predictable but its always looking back and never moving forward |
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Term
| Law-Equity (Battle of Rominede |
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Definition
| King not subject to law because he has created it, magna carta signed. everyone including the king is now subject to law of the land |
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Term
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Definition
| allows you to get into court and be heard |
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Term
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Definition
| fairness judged, only sought if no legal remedy is ready/necessary |
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Term
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Definition
| means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review. 10000 cases but only 90 taken |
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Term
| Surrogate Courts deal with... |
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Definition
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Term
| Alternative Dispute Resolution (arbitrator) |
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Definition
| hears disputes, resolves disputes |
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Term
| Alternative Dispute Resolution (mediator) |
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Definition
| gets parties to come together to reach an agreement |
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Term
| Alternative Dispute Resolution (fact finder) |
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Definition
| make recommendation of result but cannot resolve it |
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Term
| Securities law usually goes to ... |
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Definition
| arbitration...no write up |
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Term
| labor law usually goes to.. |
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Definition
| arbitration, write up. split the bill |
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Term
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Definition
| arbitrator must pick one or the other |
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Term
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Definition
| case must be brought in amount of time |
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Term
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Definition
| exchange of paperwork to get case rolling |
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Definition
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Term
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Definition
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Term
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Definition
| defendant send back to plaintiff saying they dont believe it |
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Term
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Definition
| i suffered damage and im suing you for those damages instead of you suing me |
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Term
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Definition
| both sides can find out just about any piece of info the otherside has |
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Term
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Definition
| on the record testimony of a person involved. arrangement to get people there |
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Term
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Definition
| mail a set of written questions. witness lives in a different area, senior citizens, could hire a lawyer in hong kong |
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Term
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Definition
| want to get written info the other side has, most of the time doing this through a corporation |
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Term
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Definition
| wife cannot repeat info said to her by her husband |
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Term
| attorney-client = privileged info |
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Definition
| lawyers need to know the truth |
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Definition
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| confessions are considered ___ info |
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Definition
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| psychiatrist considered ____ for the past but not the future |
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Definition
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Term
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Definition
| meeting of lawyers and judge to determine if case cant be solved |
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Term
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Definition
| french, selecting a jury that will hear your case...get impartial people |
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Definition
| excuse people not impartial to the trial |
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Definition
| can get rid of someone w/o reason |
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Term
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Definition
| legal contract but goes against conscious of court to enforce. ex: person who couldnt read or write |
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Term
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Definition
| someone changes decision based on, no legal contract, on party changed position and the other party cannot reneg |
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Term
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Definition
| sue for the difference between two prices |
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Term
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Definition
| $1 to indicate yes you're right |
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Term
| Remedies: punitive damages |
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Definition
| jury can come back with whatever changes they want. ex: odometer rollback equals value of the rollback +more. only the person suing gets the punitive damages |
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Term
| Remedies: liquidate damages |
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Definition
| 2 parties put in what punishment will be if one party breaks contract |
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Term
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Definition
| responsibility to get an accurate price of the buyers merchandise could no long purchase. good faith effort to get the least amount of money she breeched in the contract |
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Term
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Definition
| someone not a party to original contract but will benefit from the contract. |
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Term
| 3rd party beneficiaries: assignment |
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Definition
| can assign rights of a contract to somebody else, beneficiary can be changed at anytime |
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Term
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Definition
| contemplating entering into an agreement |
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| intentional interface w/ contractual relations |
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Definition
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Term
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Definition
| can make their own decisions in how to do the work, responsible for their own actions |
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Term
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Definition
| train the horse (employee), buy the horse supplies for you (agent) |
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Definition
| acting in trust position for benefit of the principle |
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Term
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Definition
| consensual, need not compensation |
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Term
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Definition
| give someone else power in your behalf |
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Term
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Definition
| never had authority in the first place but principle is accepting what agent has done, must accept good and bad. |
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Definition
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Definition
| implied things such as paying for gas etc. |
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Term
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Definition
| never was any expressed or implied authority but 3rd party believed there was an agent relationship |
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Term
| If principle and agent knows, the 3rd party will drop out of the equation |
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Definition
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Term
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Definition
| principle may be responsible for actions of agent against 3rd party |
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Term
| if agent goes out of scope, the principle is not longer responsible |
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Definition
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Term
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Definition
| agent can quit or get fired at any time |
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Term
| responsibility of principle to inform agent of termination, reasonable to also send letter to customers of that agent. all agency relationships are also terminated through death |
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Definition
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Term
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Definition
| most common form of business |
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Term
| partner ships are always for a _____ |
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Definition
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Term
| Each partner is considered an _______ |
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Definition
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Term
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Definition
| partnership for one particular enterprise. used a lot more in international business |
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Definition
| possible for someone who invests capital to only be able to lose that amount of capital. limited partners cannot participate in management |
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Definition
| incorporated and run on a democratic basis |
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Definition
| done through contract law, exchange of name/skills for share of profit |
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