Details Title: b law 301 Description: not case related info Total Flash Cards: 40 Created: 02/18/2009 18:52:39		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Law Flashcards
Cards in this set: Term  Statutes Definition   enactments by national and slate legislature   National Conference Commisioners on USL 1800   others:  Uniform Commercial Code " Parnership Act "Bill of lading "   Term civil Law Definition rules determine right & duties  bewt. individual   compensatory punitive nominal equitable remedies injuction specific performance Term Criminal Law Definition meant to punish   retribution restrain deterrance: to prevent other form doin it rehabilitation Term Sherman Act Definition     does allow both types of lawsuits forn the same act Term     Tort Law Definition     non contractual duties that arrise from a contract and follwoing them like fraud and negligence Term     Social Compact Definition agreement bewt. people to farm a organized socitey w/ rules binding all   Hobb: people relinquish all rights   Lock: some rights not all; inalienable  Term     US SOCIAL COMPACT Definition  THE US. CONSTITUTION AND BILL OF RIGHT Term       dual sovereigns  Definition "supreme law maker" federal and state have the right to make laws in the areas listed in the constitution.  Term     State courts Definition   cuz the 10 th amenmed    county courts= district courts= common pleas= for small civil matter.   justice of pease court (JP)= municipal courts   they have a lot cuz they focus on diff. law section Term Superior of circuit courts Definition the basic state trial level courts. they have a jury and stenographer Term     State court of appeal  Definition   no jury argue laws not fact all state have one several judges called: justices  Term     prose Definition     own attorney wrong court courts you lose Term     Jurisdiction  Definition   based on :  subject matter territorial in rem quasi in rem personam Term       Subjet matter Definition     depends on what type of case it is/ some low level courts do not work Term     in rem Definition   An in rem action means that the right jurisdiction would be where the property actually is. Term     quasi  in rem  Definition     check on that Term     personam Definition     directly to a person.  Term     Copycinski v Aserkof Definition Term     Feredal Courts   Definition     91 total federal courts; 2-27 judges in each district   why: diverstiy of citizenship constitutional issue Term     Legislature Definition     public bodie of elected official who makes laws by passing statutes Term     legislature at national level Definition     congress of US: house and senate Term     Satuory construction Definition     when there is a gap on a statute (judges make common law) Term United State v. bajakajian Definition Term anderson v. conwood Definition Term ERIE RAILROAD V TOMPKINS Definition Term  McBoyley v U.S Definition Term Bush v. Gore Definition Term Difference bewt. courts and legislature Definition courts v legislature different form  commutative   v   distributive positive v self animating  legal v political greater dual processv no so grade   ** legislature law is greater than court law unless it is uncostitutional Term alternative dispute resolution Definition   conciliation:2 parties no 3 rd mediation: 3rd party not law binding arbitration : canbe law binding Term disadvanteges Definition no professionla no always fain can be chalange in court sing not knowing Term Act of arbitration Definition court have to obey arbritations. Term standin rule Definition the one who can argue; no one else can Term civil law class action  Definition a person can sue on name of all people affected by the same party. Term   Civil law burden of proof Definition prepondevance of evidence= the one that wins plaintiff present evident unless there is a counter claim Term Civil law jurisdiction Definition sudgect matter: courts power to deal w/ particualar case long arm: can reach other states Term pretrial discovery and conferences Definition attorneys present their cases Term motions Definition denurer?? Term vair dire Definition tell the truth Term res judicate Definition only one trial Term collecting judgement Definition ?????