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| Law is an instrument of social control whose function is to regulate within certain limitations human relations. |
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| Law is a prediction of the way a court will decide specific legal questions |
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| the capacity of a person with the aid of the law to require another person per person to perform or refrain from performing an act |
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| The obligation opposed by law upon a person by which he is required to perform a certain act (Ex: Duty to protect, to act, or refrain from acting) |
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| The organizational of the federal government |
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| Executive, legislative and judicial branch |
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| Process by which the federal government adopts the law. |
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| Primary law making body of the federal government |
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| A law passed by legislature |
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| What are the 3 levels of the legislature? |
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| House of Representatives and Senators |
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| County Legislators and City Council |
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| When a federal or state legislator adopts a law |
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| When a local legislator adopts a law |
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| Evolved from court decisions and customs, when society's value change the law changes (gay marriage) |
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| Laws that impact administrative agency's such as FDA |
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| A wrong is usually done by a individual, objective is usually compensation of injury, party who commences the law suit is generally the injured party (plaintiff) |
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| A wrong is done against society at large and involves violation of a criminal statue, objective is punishment of the person who did wrong, society is represented by the District Attorney |
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| Agreement of two or more parties that are enforceable in court |
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| A violation of legal duty by one person causing injury to another |
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| Breech of legal duty to act reasonably |
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| Trademark of Infringement |
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| Use of another company's name or logo without permission |
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| Intentional untruthful statement made to induce reliance by another person. |
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| Medical Bills, lost wages, pain and suffering, loss of services |
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| Money over and above compensatory damages, awarded as a punishment of the defendant, awarded ONLY in cases where the defendants wrongful acts are aggravated by: Violence, Malice, Fraud |
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| 4 Things to look for in a case |
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| Procedural facts, Whats the issue?, Judge's Decision, Reasoning supporting the decision |
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| Refers to the authoritative value or a case (depends on the level where the case is decided) |
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| Means stands by the precedent |
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| the decision of the court in a case |
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| It is a discussion of the issues related to the main issue being considered |
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| Whats under the Judicial System? (3) |
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| Court System, Jurisdiction & civil procedures |
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| Court System-Name the two courts |
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| Federal Court & State Court |
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| Jurisdiction: what is under it? |
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| Subject Matter, Involved parties |
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| Civil Procedures: what is under it? |
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| Pending, Pre-Trial, Trial, Appeal |
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| What is the Complainantive?? |
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| Brings the complaint/ the person sueing |
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| How it proceeds through the system |
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| Material Fact example (Cars) |
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| you ordered a green car, and they gave you a blue car |
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| Name the Elements of Fraud (4) |
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| False Representation, Material Fact, Justifiable Reliance, Injury/Damage |
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| The act of treating some people different from and less favorably than others |
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| Civil Rights Act of 1964 outlaws... |
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Definition
| discrimination on the basis of race, color, religion, and national origin in most hotels, restaurants and places of entertainment. |
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| What does the Civil rights act of 1964 NOT cover... |
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| Does not cover discrimination cased on sex, sex orientation, marital status or disability |
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| Who is exempt from the Act of 1964? (Permissible Discrimination) |
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| Private Clubs: Selective in choosing members, Self governed, Nonprofit Organization |
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| What does Landmark Decision do? |
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| Sets a precedent that makes a turning point in the interpretation of the law |
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| Where a covered facility is located within a non-covered business, both the covered and non-covered business are subject to the act. |
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| (Extensions of the Civil Rights Act) State Civil Rights Law: |
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| Covers businesses that are purely intrastate in nature, that is, not involved in interstate commerce. |
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| Americans with Disabilities Act: |
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| To Provied a clear,strong, consistent, and enforceable standards addressing discrimination against individuals with disabilities |
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| Americans with Disabilities Act does not apply to whom...? |
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