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GBL Exam 1
law
98
Law
Undergraduate 4
09/19/2012

Additional Law Flashcards

 


 

Cards

Term
Internation Law
3 members US, Canada, Mexico
principal goal is to stimulate the economy of all 3 nations
Definition
North American Free Trade Agreement
NAFTA
Term
The _______ has the power to make treaties or conventions with other countries. The powe is limites by _____ of ____ must approce
Definition
President
2/3 of congress
Term
Another word for treaties
Definition
conventions
Term
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.
Definition
2005 the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)
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
Definition
Foreign Corrupt Practices Act Amendment
Term
Exporting goods for sale for less than the value oftheir own domestic country's price
Definition
dumping
Term
In dumping, you can impose a ______ which is the difference between _____ and _____
Definition
duty
price of good where it came from - price in our country
Term
_______ are taxes on imports inorder to protect the domestic industry.
Definition
tariffs
Term
Federal agencies, when purchasing goods, must buy us products unless a foreign product is a certain % less than the american product
Definition
The Buy American Act
Term
What makes an american product
Definition
if it was made here or 50% of its components was made here
Term
You can take ownership and serivce a foreign company's assests by forced called
Definition
nationalization
Term
_______ is when you take ownership over a foreign company's assets legally.
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
Term
_______is when you take ownership over a foreign company's assets illegally.
Definition
confiscation- host country takes assets and doesn't pay for them. This is illegal under international law
Term
OPEC
Definition
insurace against confiscation risks. ONly available in some countries
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
Definition
ownership limitations
Term
limit company's return profits to the country they came from
Definition
repatriation
Term
punishments you can put ona foreign company and country. Try to peniliza by bocott of goods, tariff on imports
Definition
sanctions
Term
The refusal to buy or sell anything to that country, most seveere penalty
Definition
embargoes
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
Definition
the commerce clause
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
Definition
Broader congressional authority allows congress
Term
OHSA
Definition
consumer and employee safety
Term
EPA
Definition
Enviromental Protection
Term
The funcamental law of country it represents. Defines the government, structure, powers and the rights of people it governs
Definition
The constitution
Term
Power to people, Their individual rights
Definition
10 amendements, constututional amendments or also called the bill of rights. Protects from "state action" (governemnt includes federal)
Term
An ____________ or __________ can enfringe upon our rights
Definition
individual or company
Term
1st amendement freedoms
Definition
Religion
Peaceful assembly
Press
Petition the government
Speech
Term
4th amendment
Definition
Protection from unreasonable searches, Protection from unreasonable seizures of property
Term
If cop seize stuff they are not suppose
Definition
exclusionary rule-they can't use it against the defendent in trail
Term
The _______ regulates profanity on television
Definition
FCC
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
Definition
Due Process
Term
a constitutional provision that forbids congress from passing a law establishing an official religion
Definition
Establishment clause
Term
the system of shared governemnt between the federal government and the states
Definition
federalism
Term
the source of a state's power to regulate business
Definition
police powers
Term
a constitutional provision that allows federal law to supersede state and local laws that conflict with federal law
Definition
supremacy clause
Term
expressions of ideas ina manner not making use of words
Definition
symbolic speech
Term
an opponent
Definition
adversary. the parties in a law suit are adversaries
Term
the legal theory forming the basis of a lawsuit
Definition
Cause of action
Term
a standard of proof requiring a party to proce that it is substantially more likely than not that something is true
Definition
clear and convincing proof
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
Definition
Injury
Term
The process we go through to seek justice
Definition
Litigation
Term
Pleadings
Definition
The complaint and answer. Pleadings are a process.
Term
Procedural order of a lawsuit
Definition
complaint
summons
service of process
answer
discovery
motions trial
appeal
Term
Legal standing
Definition
legal interest in outcome. Not just anyone can file a law suit.
Term
former written allegations agaisnt the defendent. Includes the formal demands for remedies.
Definition
complaint
Term
documen that notifies the defendent he has been sued/ Requires the defendent to file an answer
Definition
Summons
Term
gives notive of the lawsuit to the defendent. Handing the documents to the defendent, delivering the summon and complaint.
Definition
service of process
Term
service of process requries that
Definition
the server must be at leas 18 years old
parties to the lawsuit can't serve process
Term
once served with process you have _____ days to file an answer. By mail it is ______ days
Definition
21, 28
Term
tells the court date of time, and place the defendent was serviced
Definition
proof of service
Term
The written formal response to the complaint broken down by #rd paragraphs.
Definition
answer
Term
IN the answer the defended has to do (3) things
Definition
admit allegation
denies allegation
claims lack of knowledge to respond
Term
Where the defended raises new facts in the answer that are not in the complaint
Definition
affirmative defenses (adding a new fact, it was self defense)
Term
When a person is sued and they wanna sue back
Definition
called counterclaims
Term
using a set of legal processes to learn what your opponent's evidence will be during the trail
Definition
discovery
Term
Printed questions answered on paper and signed unter oatch. Has to be answered within 28 days. Provides a lot of information
Definition
interrogatories
Term
Under discovery you can also request for (3)
Definition
request for admissions
request for production of documents
request for medical examination
Term
asking a party to admit something
Definition
request for admissions
Term
questions asked of the other party or witness. These are face to face, in person
Definition
deposition
Term
a ______ requries a witness to come to a deposition
Definition
supeona
Term
In a deposition check the _____ of the witness.
Definition
demeanor
Term
a motion is made by the
Definition
defendent
Term
asking the court to make a ruling or make the other party do something
Definition
motions
Term
(granting a motion to dismiss based on) statue of limitation is defined as
Definition

the plantiff filed too late 90 days if u sue hte gov

 6 years everything else

 murder none

Term
statue of limitation professional negliance
Definition
2 years
Term
statue of limitation on breach of contract
Definition
6 years
Term
the _________ makes laws on statue of limitation
Definition
state legislature
Term
In a jury trail, the fact finder is the _____
Definition
jury, they decide what they believe is a fact. Jury decides questions of fact
Term
In a bench trail, the ______ is the fact finder.
Definition
decided by the bench, the bench is where the judge decides the facts.
Judge decides questions of law
Term
Voir dire
Definition
"speak the truth"
the 1st step in jury selection
Term
The large group of people summoned to the court and then are picked
Definition
venire
Term
If a potential jurer is prejudice, you would call this
Definition
dismissing person for cause
Term
If you have a gut feeling that a potential jurer would not be fair
Definition
peremptory challenge (limited) defendet gets a few more than the plantiff
Term
final jury (after selection) is called
Definition
petit jury
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.
Definition
opening statements
Term
the _____ has the burden of proof
Definition
the plantiff has to prove the case
Term
The plantiff's attorney does a _____ examination. He is not allowed to lead the witness.
Definition
Direct
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
Definition
cross examination.
Term
a felony trail required ____ jurers
Definition
12
Term
misdemeanors and civil trails in mi requrie _____ jurers
Definition
6
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
Definition
closing argments
Term
Judge tells the jury which laws apply. Judge decid question of laws (which laws to use)
Definition
jury instructions
Term
In criminal trails the standard of proof requires ____________
Definition
beyond a reasonable doubt/
Term
lack of sufficent certainty of evidence that the defendent is guilty
Definition
beyond a reasonable doubt
Term
In civil matter the standard of proof is ______________
Definition
preponderance of evidence
Term
evidence of each factual element is more probable than the non existence of the elements
Definition
preponderance of evidence
Term
In a civil hury in mi you have to convince _____ but if less than ____ it is no verdict and called a _____
Definition
5/6
4
mistrial
Term
civil precedings with the mentally ill, dangerous or violent people the vote has to be
Definition
unamimous
Term
In a criminal verdict you are ____ or not ____
Definition
guilty
Term
in a civil verdict or matter you are ____ or not ____
Definition
liable
Term
Garnishment
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)
Term
party that files an appeal
Definition
appealent
Term
the party that opposes the appeal (won trail)
Definition
appeallee
Term
An appealent wants a ______
Definition
reverse court decision
Term
an appeallee wants an ______
Definition
affirmed court decision
Term
For an appeal to take place there has to be
Definition
prejudicial errors which affected the jury to reach a verdict they shouldnt have
Term
In an appeal the justices hear oral arguments, there is no _____ and no ____
Definition
witnesses and no new evidence
Term
one of the parties ina law suit
Definition
litigant
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
Definition
litigious
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