Untitled Flashcard Set

What is the highest court in the U.S. called?

The Supreme Court.

What does certiorari jurisdiction allow the Supreme Court to do?

Choose which cases to hear.

What is the principle that divides government responsibilities into distinct branches?

Separation of Powers.

What is federalism?

The distribution of power between the national and state governments.

What does negligence refer to?

A failure to take proper care in doing something, leading to damage or injury to another.

What does jurisdiction mean in a legal context?

The official power to make legal decisions and judgments.

What landmark case established the principle of judicial review?

Marbury v. Madison.

What was the legal issue in Johnson v. Greenfield Farm?

Statutory interpretation regarding employee overtime pay.

What are the elements of negligence?

Duty of care, Breach, Causation, Injury.

What are compensatory damages?

Damages intended to make the injured party whole.

What distinguishes civil law from criminal law?

Civil law deals with disputes between private parties, while criminal law addresses offenses against the state.

What is the burden of proof in civil cases?

Preponderance of the evidence.

What is the supremacy clause?

It establishes that the U.S. Constitution and federal laws take precedence over state laws.

What is concurrent jurisdiction?

When both state and federal courts may hear a case.

What is the purpose of the peacekeeping function of law?

To maintain order and prevent conflicts from escalating.

What is in rem jurisdiction?

Jurisdiction based on property located within the state.

What does the term 'substantive law' refer to?

Laws that define rights and duties.

What is procedural law?

Laws that govern the process of enforcing substantive laws.

What does the term 'strict liability' refer to?

Liability without fault for certain activities.

What is the purpose of the regulatory function of law?

To oversee economic and social behavior, ensuring compliance with laws and regulations.

What is federal diversity jurisdiction?

Allows federal courts to hear cases involving parties from different states if the amount in controversy exceeds $75,000.

What does shareholder theory advocate?

That a corporation's primary responsibility is to maximize profits for its shareholders.

What is stakeholder theory?

Advocates for the interests of employees, customers, and the community