Details Title: Management 211 Test 1 Description: Chapters 1-3 Total Flash Cards: 135 Created: 09/16/2009 08:22:06		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 Management Flashcards
Cards in this set: Term Civil Law Definition designed to compensate and reimburse individuals for wrongs suffered, common or statutory law. Term Constitutional Law Definition 1. Supreme and most important source of law 2. comes from the constitution. Term Criminal Law Definition designed to protect society from activities that upset social order by preventing crime, purpose is to punish criminals, exclusively statutory. Term Dispute Resolution Role of Law Definition Settles differences btwn 2 or more parties. Term Types of Equitable Remedies Definition injunction, specific performance and reformation. Term Equity Definition equitable remedies to avoid unjust results from strictly following common law(losing your eye)...b. Usually a court order to do or not to do something that is only available if legal remedies are not sufficient. Term Stare Decisis Definition Follow previously decided cases unless there is a good, legal reason to change. b. If Stare Decisis is followed it is setting precedent which judges are reluctant to change which leads to predictability and uniformity. Term Executive Order Definition law by president to control the policies of the Executive Branch Term Federal Law Definition anything national law creates and includes the constitution, congress, president and regulatory Agencies. Term Judicial Interpretation Definition Court interprets statutes which usually follows but is not bound to Congressional intent. Term Judicial Review Definition the power of the courts to declare an act of congress or the pres unconstitutional w/ a strong presumption of constitutionality Term Law Definition The collection of rules and regulations that determines how the GVT will treat its citizens and how the citizens will treat the GVT as well as other citizens AND the enforcement thereof...leads to: stability, predictability and uniformity. Term Common Law Definition Law that is based on previous decisions Term Federalism Definition Power is divided between the National and State GVTs Term Legal Remedy Definition Monetary damages Term Injunction Definition An order directed at a person to do or not to do something. Term Police Powers Definition powers given to the state in the 10th amendment which gives them the power to place restraints on personal freedom and property rights of persons for protection of public safety, health and morals or the promotion of the public convenience and general prosperity. Term Precedent Definition legal decision serving as an authoritative rule or pattern in future similar cases. Term Private Law Definition btwn individuals, GVT is not involved Term Public Law Definition Law where the GVT is involved Term Regulatory Role of Law Definition GVT interference with private business and directs and standardizes business activities to improve society. Term State Law Definition includes the municipal ordinances, state legislators, state regulatory agencies and sometimes county GVT which does not have power to make law. State law varies but is getting more uniform, testing ground for new National Laws Term Statutory Law Definition Laws passed by congress as per the constitution from their enumerated powers Term Substantive Law Definition meat of the law that defines rights and duties. Term Procedural Law Definition “how to” of the law that defines the procedural means to enforce rights established by Substantive Law Term Marbury v. Madison Definition Supreme Court assumed the power of judicial review. Term Texas v. Johnson Definition Flag burning incident where Judicial Review was overturned by constitutional amendment Term Federalism Definition system of GVT where power is divided btwn a central authority and smaller units Term Federalist Papers Definition articles advocating the ratification of the Constitution Term Federalists Definition Those that supported the ratification of the Constitution Term Articles of Confederation Definition First constitution of the 13 states that gave the states power and had no ability to tax Term Bill of Rights Definition resulted from Feds compromise to include personal freedom and states’ rights Term Blue/Sunday Laws Definition laws mostly found in the south that restricted some business to be closed or partially closed on Sunday, found Constitutional as a day of rest w/ non-religious implications. Term supremacy clause Definition eclares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary Term unreasonable search and seizure Definition 4th amendment prohibits unreasonable search and seizure w/o a warrant but busn rights against unreasonable search and seizure not as protected as individuals Term constitutional convention Definition 55 reps from 12 states were trying to create a strong but not too strong central GVT with separation of powers but comprises had to be made. Term white primaries Definition laws primarily in the south forbidding blacks from voting in the primaries Term jim crow law Definition state law discriminating against black people Term commerce clause Definition enumerated power and most important clause in the constitution concerning busn, congress has the power to regulate trade with foreign nations and between states Term Commercial Speech Definition economic speech most commonly in the form of advertising, can have reasonable restrictions based on time, place and manner of speech Term Compelling State Interest Definition what is required for the highest protection given to a group on the sliding scale Term Concurrent Power Definition Power that is held by both the state and national GVT Term Due Process Definition 5th amendment law stating that GVT cannot restrict life, liberty or property w/o due process of law, also given to the states in the 14th amendment, not defined by the constitution Term Elastic Clause Definition statement in constitution granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. Term Eminent Domain Definition Constitutional right of the GVT to take property as long as it has a legitimate reason and gives just compensation Term Equal Protection Definition gives GVT the power treat different groups of people differently if distinction is logical and rationally related to a valid objective (21 drinking age) Term Establishment Clause Definition GVT cannot establish a national religion Term Exclusionary Rule Definition any evidence that was obtained illegal cannot be used in trial Term Free Exercise Clause Definition free to believe anything in the name of religion. Term implied powers Definition powers not given to the government directly through the constitution, but are implied. Term Judicial Law Definition a law obtained by a legal or equitable process Term Necessary & Proper Clause Definition empowers the Congress to make all laws necessary for executing its other powers and those of the federal government as a whole Term Political Speech Definition the most protected form of speech Term Pre-Emptive Power Definition only national GVT can act but is not often specified and up to the courts to determine usually on case by case basis. Term Procedural Due Process Definition Involves steps GVT uses to deprive someone of life, liberty or property. Term Substantive Due Process Definition involves content or meat of the law Term Substantial GVTal Interest Test Definition is the speech legal, is GVT interest substantial, does the regulation directly advance the asserted GVT interest and is the restriction more extensive than is necessary to protect the state’s interest Term Shay's Rebellion Definition angry farmers tried to shut down court houses so their land wouldn’t be taken...made leaders realize that they needed a dif form of GVT Term Self-Incrimination Definition 5th amendment gives the right to individuals against self-incrimination in criminal cases. Term 1st Amendment Definition Freedom of Speech and Religion Term 4th Amendment Definition Prohibits illegal search and seizure Term 5th Amendment Definition gives everyone due process and protection from self-incrimination Term 10th Amendment Definition powers not granted to the national government nor prohibited to the states are reserved to the states or the people. Term 14th Amendment Definition applied most of the bill of rights to the states and provides equal protection Term Youngstown Steel & Tube Co. v. Sawyer Definition Supreme court ruled that the pres could not seize property w/o permission Term Gibbons v. Ogden Definition Gibbons was running a steamboat ferry service in NY, SC ruled that it had control over business concerning more than one state. Term NLRB v. Jones & Laughlin Steel Definition NLRB wanted Steel co. to give jobs back and SC ruled that they could regulate in areas that have a “serious effect upon interstate commerce” Term Wickard v. Filburn Definition Farmer trying to grow his own feed for animals, SC ruled that they could regulate what appears to be trivial acts if the aggregate effect is nationally significant. Term Mclain v. Real Estate Board of New Orleans Definition activity that is regulated can even be purely local if the activity substantially affects interstate commerce. Term McCulloch v. Maryland Definition taxing a federal bank in Maryland, SC said it had the right to do whatever was necessary and proper Term Plessy v. Ferguson Definition but equal, created Jim Crow Laws Term Brown v. Board of Education Definition Segregation of students is not allowed b/c the schools are not equal. Term Katzenbach v. McClung & Heart of Atlanta Motel v. US Definition blacks could not be refused service b/c it affected interstate commerce Term Schenck v. US Definition Schenck criticized the draft and it was ruled unfree speech b/c it was a clear and present danger to recruiting of US limiting freedom of speech Term Valentine v. Chrestensen Definition guy was told he could not pass out handbills, commercial speech was limited Term Cammarano v. US Definition made commercial speech look less limited Term Virginia State Board of Pharmacy v. Virginia consumer council Definition Pharmacists were allowed to advertise the price of their prescription drugs making all commercial speech unlimited that is purely economical Term Central Hudson Gas and Electric Corp. v. Public Service Commission of NY Definition NY could not prohibit corp. from advertising the use of electricity but instead should run counter ads Term First National Bank of Boston v. Bellotti Definition struck down Massachusetts law prohibiting corporate political speech (donations to politicians was legal) Term Austin v. Michigan chamber of commerce Definition States can limit corporate political speech. Term Employment division of Oregon v. Smith Definition Smith was denied unemployment money b/c he was fired for using peyote but he said it was part of his religion, SC said law could not be violated in the name of religion. Term Skinner v. OK Definition sterilization could not be used as a punishment for repeating offenders. Term Metropolitan Life Insurance Co. v. Ward Definition Alabama was told that it could not tax non-resident busn more than local busn b/c it had no legitimate GVTal purpose. Term Administrative Law Judge Definition an officer in a government agency with quasi-judicial functions Term Affirm Definition when an appellate court agrees w/ the lower court Term Answer Definition the defendant's written response to the plaintiff's complaint in a civil suit in which he or she may deny any of plaintiff's allegations, offer any defenses, and make any counterclaims against the plaintiff Term Appeal Definition proceeding in which a case is brought before a higher court for review of a lower court's judgment for the purpose of convincing the higher court that the lower court's judgment was incorrect Term Appellant Definition party bringing the appeal Term Appellee Definition party not bringing the appeal Term Arbitration Definition Arbitrator makes a binding decision on litigation Term brief Definition written presentation of an argument that sets forth the main points with supporting precedents and evidence Term complaint Definition initial pleading that starts a lawsuit and that sets forth the allegations made by the plaintiff against the defendant and the plaintiff's demand for relief Term cross-action Definition action brought by a defendant in an existing action against a plaintiff or codefendant Term Default Judgment Definition Judgment handed down if defendant does not reply to plaintiffs pleadings Term Depositions Definition Oral testimonies before lawyers and a court reporter to ask questions like hearsay that are not allowed in court Term Directred Verdict Definition a verdict granted by the court when the party with the burden of proof has failed to present sufficient evidence of a genuine issue of material fact that must be submitted to a jury for its resolution Term Discovery Definition uncovering of info Used to prevent surprise, prepare for the case, preserve evidence and to harass opposing party. includes depositions and interrogatories. Term trial court Definition Live testimony determines facts and issues of law, jury or judge and creates a record. Term Voir Dire Definition Jury Selection process Term Writ of certiorari Definition request to the supreme court for them to hear your case Term Rule of Fours Definition if 4 of the 9 SC justices want to hear a case then it will be heard Term senatorial courtesy Definition practice in the U.S. Senate of confirming only those presidential appointees approved by both senators from the state of the appointee, or by the senior senator of the president's party. Term Motion for new trial Definition rare but used if there is new evidence or error occurred during the trial Term Oral Argument Definition Speech given in front of appellate court arguing your case (usually 30 min) Term Diversity of Citizenship Definition when the two parties are from dif states Term Forum Shopping Definition the practice of choosing the court in which to bring an action from among those courts that could properly exercise jurisdiction based on a determination of which court is likely to provide the most favorable outcome Term hearsay Definition a statement made out of court and not under oath which is offered as proof that what is stated is true Term Impeach Definition to charge w/ crime or misconduct Term in personam jurisdiction Definition court has territorial jurisdiction over the persons w/in courts area of authority, power to order defendant to court through serving a summons. (most common) Term in rem jurisdiction Definition court has territorial jurisdiction over the property w/in courts area of authority, property must be subject of lawsuit and can be tangible or intangible Term Interrogatories Definition written question to opposing party w/ sworn in responses and cheaper than deposition Term Judgement n.o.v. Definition means judgment notwithstanding...the judge has the opportunity to override or amend juries decision Term Jurisdiction Definition the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) Term Territorial Jurisdiction Definition geographic area where a court has jurisdiction Term long arm jurisdiction Definition statutory grant giving a court ability to hand down judgment on someone outside their jurisdiction Term Mediation Definition 3rd party that does not make the decision but facilitates it by pointing out the strengths and weaknesses of the case and pushing litigants to settle but is not always successful and can be a waste of time. Term Negotiation Definition negotiations w/o lawyers, settles most cases Term original jurisdiction Definition aka trial courts that get to hear the case first Term Peremptory Challenge Definition usually refers to a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason. Term petition Definition part of plaintiffs pleadings containing basic facts to be proven, facts to establish jurisdiction, Remedy sought and under what authority/law. Term Pleadings Definition papers filed in court by both the plaintiff and defendant Term Preponderance of the evidence Definition greater than 50% chance that the proposition is true Term Pre-trial conference Definition used by court to determine status (docket control), simplify issues, plan trial or to get a settlement; can have more than one. Term protective order Definition an order that limits, denies, or defers discovery by a party in order to prevent undue embarrassment, expense, oppression, or disclosure of trade secrets Term quasi in rem jurisdiction Definition involves property but the property does not have to be subject matter, state courts abuse this so under close federal scrutiny and property must be closely related to the lawsuit. (rare) Term Remand Definition majority finds error and sends case back to trial court to re-try the case w/in guidelines set by the appellate court Term Request for Production Definition i discovery request served by one party for the presentation for inspection of specified documents or tangible things Term Reverse Definition majority of appellate court judges disagree w/ lower court ruling Term Standing to sue Definition must have a good reason to be suing someone Term Subject Matter Jurisdiction Definition the jurisdiction of a court over the subject, type, or cause of action of a case that allows the court to issue a binding judgment Term Substituted Service Definition serving a defendant w/o personal service Term summons Definition document that summons someone to court Term venue Definition Determines which court with jurisdiction will hear the case geographically Term Shearson/American Express v. McMahon Definition concerns arbitration Term Hopwood v. University of Texas Law School Definition defendants won the case b/c they had been denied enrollment b/c they were white although more qualified