Term
Internation Law
3 members US, Canada, Mexico
principal goal is to stimulate the economy of all 3 nations |
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Definition
North American Free Trade Agreement
NAFTA |
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Term
| The _______ has the power to make treaties or conventions with other countries. The powe is limites by _____ of ____ must approce |
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Definition
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| Another word for treaties |
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| the United States signed ______ with five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua) and the Dominican Republic. The ______ is the first free trade agreement between the United States and a group of smaller developing economies. This agreement is creating new economic opportunities by eliminating tariffs, opening markets, reducing barriers to services, and promoting transparency. |
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Definition
| 2005 the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) |
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Term
| The ______________ allows for pyments that are legal in the foreign country, foreign official's travel payments in limited circumstances, fees to expedite passage through customs and fees for paperwork and processing |
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Definition
| Foreign Corrupt Practices Act Amendment |
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Term
| Exporting goods for sale for less than the value oftheir own domestic country's price |
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Definition
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Term
| In dumping, you can impose a ______ which is the difference between _____ and _____ |
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Definition
duty
price of good where it came from - price in our country |
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Term
| _______ are taxes on imports inorder to protect the domestic industry. |
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Definition
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Term
| Federal agencies, when purchasing goods, must buy us products unless a foreign product is a certain % less than the american product |
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Definition
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Term
| What makes an american product |
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Definition
| if it was made here or 50% of its components was made here |
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Term
| You can take ownership and serivce a foreign company's assests by forced called |
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Definition
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Term
| _______ is when you take ownership over a foreign company's assets legally. |
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Definition
expropriation
when being taken, it has to be for a public purpose, the taking country must pay for the property and fair value. The government of the 2 nations have to negotiate payments |
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Term
| _______is when you take ownership over a foreign company's assets illegally. |
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Definition
| confiscation- host country takes assets and doesn't pay for them. This is illegal under international law |
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Term
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Definition
| insurace against confiscation risks. ONly available in some countries |
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Term
| retrictions on how much a company can be owned by a foregn entity. Limits business in an industry that can be owned by foreners. Eneergy |
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Term
| limit company's return profits to the country they came from |
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Term
| punishments you can put ona foreign company and country. Try to peniliza by bocott of goods, tariff on imports |
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Term
| The refusal to buy or sell anything to that country, most seveere penalty |
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Term
| The goal of the ________ ______ is unformity of rules concerning the movement of goods, people, communication. One country, one set of rules. @ main effects- enables the federal to regulate the economy and retrict state laws that obstruct or burden interstate commerce |
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Definition
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Term
| _______ has power to regulate consumer and employee safety, civil rights in employment, labor relations, securities trading, enviromental protections, home sales from the commerce caluse |
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Definition
| Broader congressional authority allows congress |
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Term
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Definition
| consumer and employee safety |
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Term
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Term
| The funcamental law of country it represents. Defines the government, structure, powers and the rights of people it governs |
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Term
| Power to people, Their individual rights |
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Definition
| 10 amendements, constututional amendments or also called the bill of rights. Protects from "state action" (governemnt includes federal) |
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Term
| An ____________ or __________ can enfringe upon our rights |
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Definition
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Term
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Definition
Religion
Peaceful assembly
Press
Petition the government
Speech |
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Term
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Definition
| Protection from unreasonable searches, Protection from unreasonable seizures of property |
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Term
| If cop seize stuff they are not suppose |
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Definition
| exclusionary rule-they can't use it against the defendent in trail |
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Term
| The _______ regulates profanity on television |
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Definition
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Term
| a constitutional provision that requires the government to follow legal procedures before it can take property, amoung other things, from a person or business |
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Term
| a constitutional provision that forbids congress from passing a law establishing an official religion |
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Term
| the system of shared governemnt between the federal government and the states |
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Term
| the source of a state's power to regulate business |
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Term
| a constitutional provision that allows federal law to supersede state and local laws that conflict with federal law |
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Term
| expressions of ideas ina manner not making use of words |
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Definition
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Term
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Definition
| adversary. the parties in a law suit are adversaries |
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Term
| the legal theory forming the basis of a lawsuit |
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Definition
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Term
| a standard of proof requiring a party to proce that it is substantially more likely than not that something is true |
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Definition
| clear and convincing proof |
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Term
| The damage or harm a plaintiff claims in a lawsuit. It is not necessarily physical as in a broken leg; it can be economic as in loss of money |
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Definition
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Term
| The process we go through to seek justice |
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Definition
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Term
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Definition
| The complaint and answer. Pleadings are a process. |
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Term
| Procedural order of a lawsuit |
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Definition
complaint
summons
service of process
answer
discovery
motions trial
appeal |
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Term
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Definition
| legal interest in outcome. Not just anyone can file a law suit. |
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Term
| former written allegations agaisnt the defendent. Includes the formal demands for remedies. |
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Definition
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Term
| documen that notifies the defendent he has been sued/ Requires the defendent to file an answer |
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Definition
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Term
| gives notive of the lawsuit to the defendent. Handing the documents to the defendent, delivering the summon and complaint. |
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Definition
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Term
| service of process requries that |
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Definition
the server must be at leas 18 years old
parties to the lawsuit can't serve process |
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Term
| once served with process you have _____ days to file an answer. By mail it is ______ days |
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Definition
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Term
| tells the court date of time, and place the defendent was serviced |
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Definition
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Term
| The written formal response to the complaint broken down by #rd paragraphs. |
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Definition
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Term
| IN the answer the defended has to do (3) things |
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Definition
admit allegation
denies allegation
claims lack of knowledge to respond |
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Term
| Where the defended raises new facts in the answer that are not in the complaint |
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Definition
| affirmative defenses (adding a new fact, it was self defense) |
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Term
| When a person is sued and they wanna sue back |
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Definition
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Term
| using a set of legal processes to learn what your opponent's evidence will be during the trail |
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Definition
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Term
| Printed questions answered on paper and signed unter oatch. Has to be answered within 28 days. Provides a lot of information |
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Definition
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Term
| Under discovery you can also request for (3) |
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Definition
request for admissions
request for production of documents
request for medical examination |
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Term
| asking a party to admit something |
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Definition
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Term
| questions asked of the other party or witness. These are face to face, in person |
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Definition
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Term
| a ______ requries a witness to come to a deposition |
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Definition
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Term
| In a deposition check the _____ of the witness. |
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Term
| asking the court to make a ruling or make the other party do something |
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Term
| (granting a motion to dismiss based on) statue of limitation is defined as |
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Definition
the plantiff filed too late 90 days if u sue hte gov
6 years everything else
murder none |
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Term
| statue of limitation professional negliance |
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Definition
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Term
| statue of limitation on breach of contract |
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Definition
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Term
| the _________ makes laws on statue of limitation |
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Definition
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Term
| In a jury trail, the fact finder is the _____ |
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Definition
| jury, they decide what they believe is a fact. Jury decides questions of fact |
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Term
| In a bench trail, the ______ is the fact finder. |
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Definition
decided by the bench, the bench is where the judge decides the facts.
Judge decides questions of law |
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Term
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Definition
"speak the truth"
the 1st step in jury selection |
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Term
| The large group of people summoned to the court and then are picked |
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Definition
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Term
| If a potential jurer is prejudice, you would call this |
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Definition
| dismissing person for cause |
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Term
| If you have a gut feeling that a potential jurer would not be fair |
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Definition
| peremptory challenge (limited) defendet gets a few more than the plantiff |
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Term
| final jury (after selection) is called |
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Definition
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Term
| Table of contents of witnesses that will be called on and the emphasis they will have. here you are not suppose to argue, its just a preview, and attorny is not sworn to tell the truth at this point. |
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Definition
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Term
| the _____ has the burden of proof |
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Definition
| the plantiff has to prove the case |
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Term
| The plantiff's attorney does a _____ examination. He is not allowed to lead the witness. |
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Definition
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Term
| The defendent does a ______ examination where you can lead the witness. he may only ask questions related to material asked in the direct examination |
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Definition
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Term
| a felony trail required ____ jurers |
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Definition
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Term
| misdemeanors and civil trails in mi requrie _____ jurers |
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Definition
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Term
| Attorny summarizes the favorable evidence, they can argue to the jury which way they should vote, they can question the strategy of the other side |
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Definition
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Term
| Judge tells the jury which laws apply. Judge decid question of laws (which laws to use) |
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Definition
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Term
| In criminal trails the standard of proof requires ____________ |
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Definition
| beyond a reasonable doubt/ |
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Term
| lack of sufficent certainty of evidence that the defendent is guilty |
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Definition
| beyond a reasonable doubt |
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Term
| In civil matter the standard of proof is ______________ |
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Definition
| preponderance of evidence |
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Term
| evidence of each factual element is more probable than the non existence of the elements |
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Definition
| preponderance of evidence |
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Term
| In a civil hury in mi you have to convince _____ but if less than ____ it is no verdict and called a _____ |
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Definition
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Term
| civil precedings with the mentally ill, dangerous or violent people the vote has to be |
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Definition
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Term
| In a criminal verdict you are ____ or not ____ |
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Definition
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Term
| in a civil verdict or matter you are ____ or not ____ |
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Definition
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Term
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Definition
| You can file a garnisment. This is a way to enforce a judement that a plantiff has acquired over the defendent. (Would require a bank to turn over acount or money) |
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Term
| party that files an appeal |
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Definition
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Term
| the party that opposes the appeal (won trail) |
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Definition
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Term
| An appealent wants a ______ |
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Definition
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Term
| an appeallee wants an ______ |
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Definition
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Term
| For an appeal to take place there has to be |
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Definition
| prejudicial errors which affected the jury to reach a verdict they shouldnt have |
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Term
| In an appeal the justices hear oral arguments, there is no _____ and no ____ |
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Definition
| witnesses and no new evidence |
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Term
| one of the parties ina law suit |
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Definition
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Term
| an adjective describing a person who frequentlyfiles a lawsuit or litigates when confronted with a dispute, rather than resolce the matter by non judicial means such as a compromise |
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