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| enacted by a legislative body to regulate conduct |
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| the legal principle of determining points in litigation according to precedent. |
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| rule of priority for conflict between laws the holds US const. the law of the land |
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| the theory or philosophy of law. |
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| law is the command of a recognized political authority |
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| universal moral rules bind all people whether written or unwritten |
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| sociological jurisprudence |
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| unites theories that examine law within its social context |
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| court applies stature according to usual means of the words |
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| defend home and in some instances car from attack up to deadly force |
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| parties must have standing direct interest in the outcomes to sue |
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| hagan v. coca-cola bottling co. |
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| defendant must be resident of, located within physical boundaries of court authority |
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| prop that is subject of dispute is located within physical boundaries of court authority |
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| dispute between citizens from different states and amount in controversy must exceed 75,000 or constitutional matter |
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| judge or jury decides case based on which side has better facts |
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| civil trial procedure "matters of law" |
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| issues not of fact, but of law decides only by a judge |
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| a preliminary examination of a witness or a juror by a judge or counsel. Or an oath taken by such a witness. |
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| judgement now withstanding verdict |
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formal, uniform, or federal arbitration
typically rule in favor of corporations |
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| parties choose neutral party to aid resolution |
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| dispute a resolution by a rent a judge. mini-trial, summary jury trial, or association tribunal |
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| in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. |
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| Act. 1 sec 8- applies to interstate commerce |
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| of the 14th amendment- prohibits government from treating 1 person different than others |
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Kantianism- categorical imperative
modern rights theory |
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Cost Benefit Analysis
-hard to measure all costs and benefits |
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| adam Smith, milton Friedman, thomas sowell |
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| is a logical fallacy in which "the reasoner begins with what he or she is trying to end up with". |
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| The process of analogical inference involves noting the shared properties of two or more things, and from this basis inferring that they also share some further property |
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| also known as appeal to force, is an argument where force, coercion, or the threat of force, is given as a justification. It is a specific case of the negative form of an argument to the consequences. |
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| is an argument made personally against an opponent instead of against their argument. |
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| damages exceeding simple compensation and awarded to punish the defendant. |
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| Compensatory damages, called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered as a result of (see requirement of causation) another's breach of duty. (e.g., in a negligence claim under tort law). |
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| prevents defendant from multiple criminal prosecutions for the SAME OFFENSE |
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| Self incrimination privilege |
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Testimonies admissions
humans not corporations |
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| Civil wrong- not a breach of contract |
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| Four types of wrongfulness involved |
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| Intent, recklessness, negligence, strict liability |
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| Intentional and harmful or offensive touching of another without the person’s consent |
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| Assault occurs when there is an intentional attempt or threat to cause a harmful or offensive contact with another person, if the attempt causes a reasonable apprehension of imminent battery in other person’s mind |
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| Intentional infliction of emotional distress |
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Most courts allow recovery for emotional distress even if no other tort is proven
All courts require the wrongdoer’s conduct to be outrageous before liability is imposed |
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False imprisonment is intentional confinement of another for an appreciable time without his or her consent
confinement must be complete, though a few minutes is enough |
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unprivileged
publication of
false and defamatory
statements concerning another person |
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| Involves some interference with plaintiff ’s use and enjoyment of the land |
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| Any unauthorized or unprivileged intentional intrusion upon another’s real property, including physically entering plaintiff’s land, causing another person or object to do so, remaining on the land after one’s right to |
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| Defendant’s intentional exercise of dominion or control over plaintiff’s personal property without plaintiff’s consent through: |
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| the action or crime of making a false spoken statement damaging to a person's reputation: |
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Law a published false statement that is damaging to a person's reputation; a written defamation. Compare with slander.
• the action or crime of publishing such a statement: |
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| Example of criminal RICO: using income derived from a “pattern of racketeering activity” |
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