LEGL 2700 Final Exam - Tripp

Rule of Law

Concept that laws are made are generally and equally applicable. Idea that the law applies to everyone in the same way

Common Law

Emphasizes the role of judges in determining the meaning of laws and how they apply

Civil Law

Relies more on legislation than judicial decision to determine what the law is

Public Law

Regulation of society. Government represents society

Examples of public law

Constitutional law, administrative law, and criminal law

Private Law

Regulation of private resources

Examples of private law

Property law, contract law, tort law

Trial court judge

Determine how to apply the rule of law, observe, find facts

Appellate court judge

Review trial court decisions and procedures to ensure that the law was applied correctly and the proceedings were fair. Concerned with issues of law

Role of jurors

Fact-finding body

Petit jury

Trial jury that returns a verdict in criminal and civil situations

Attorneys

Serve as representative advocates in the court system

Attorney-client privilege

Forbids a lawyer from revealing confidential facts and from testifying against a client

Yes

Does attorney client privilege trickle down to employees of the attorney?

No

Are juries required to have 12 people?

Subject matter jurisdiction

A court can only hear and decide cases on a specific type

Diversity of citizenship

Plaintiffs and defendants are citizens of different states. Each claim must be more than $75,000. To protect against state court bias against the non-state resident

Judicial Restraint

Belief that change in society should result from the political process instead of court action

Judicial Activism

Belief that courts should play a major role in correcting societal ills. Less reliant on precedent

Personal Jurisdiction

The power of a court over the parties involved in the litigation process

Interrogatories, request for production of documents, depositions, request for an admission

Methods of discovery

Narrow down

Discovery ___________ the issues of the case

Request for production of documents

Either party asking the other to produce specific documents

Depositions

The lawyer orally asks questions of the possible witness. Recorded and a written transcript is prepared. Best method of discovery but very costly

Burden of proof

The standard the plaintiff would have to demonstrate to recover damages from the other party

Beyond a reasonable doubt

The burden of proof standard in criminal cases is ____________

Preponderance of evidence

The burden of proof standard in civil cases is ______________

Written, verbal, and symbolic speech

Freedom of speech covers ____________

Freedom of religion

The right of individuals to practice their religion in public or private

Freedom of speech

The right to express ideas, opinions, and information without government restrictions based on content

Commercial speech

Can't false advertise or take advantage of consumers. Government has the ability to limit their speech

Freedom of the press

Can't prevent someone from publishing something, but you can sue after

Eminent Domain

The power of the government to take private. property for public use, with the owner receiving just compensation

Rule of Capture

The owner of an oil or gas well could claim all that is pumped from it, regardless of whether the oil or gas migrated from adjacent property

Air Rights

Owner of real property possesses the air above their property to a certain extent

Zoning

Laws that divide counties into use districts designated as residential, commercial, or industrial

Bailments

Goods placed into another's possession to be returned in the future; example - storing equipment in the warehouse, renting furniture from a rental store; temporarily possessing the property

Bailor

Owner

Bailee

Possessor of the object

General Warranty Deed

This is what you want if you are purchasing property. This includes all promises the grantee that the grantor has good ownership and the full power to convey it

Special/Limited Warranty Deed

A deed that transfers legal title and legal interests in real property; does not guarantee anything from any previous owner

Quitclaim Deed

A deed that makes no guarantee other than the grantor surrenders all claims against the land

Revocation

The person that initially offered, takes the offer back

Offeror Revocation

Not effective until the offeree actually receives it

Mailbox Rule

Acceptance becomes legally binding when the offeree puts their acceptance in the mail

Undue Influence

Influence by a party who misuses a position of relationship or legal confidence (i.e., sickly people changing their will in favor of someone else while not in the right mental capacity)

Duress

Threat or force that compels another person to do what he or she would not otherwise do

cannot; is; 18

General rule: minors _________ be bound and a contract ________ voidable at the minor's option. Some states will allow minors to void a contract after they turn ________ within a specific time frame

Consideration

The benefit a party receives from a contract and is the main element of a contract

The handwritten words

You have a pre-printed contract. You handwrite over the pre-printed contract. What controls?

The typed words

You have a pre-printed contract. You type over the pre-printed contract. What controls?

Duty to mitigate

Victim of a breach of contract must take reasonable steps to mitigate damages

Intentional Tort

Deliberate actions that cause injury or harm. Only looking at intent of the action

Duty of Care

A responsibility to another person to exercise reasonable care and skill to avoid causing injury or harm

Legal Duty

A legal obligation that is owed or due to another

Moral Duty

The obligation to act based on ethics

Assumption of risk

The plaintiff cannot recover damages if the plaintiff voluntarily assumed the risk

Strict Product Liability

Commercial seller who sells an unreasonably dangerous defective product that causes injury to a user of the product is strictly liable

Malicious Prosecution

Causing someone to be arrested without proper ground

False Imprisonment

Intentional and unjustified confinement of a non-consenting person

Defamation

Either verbal or written publication of untrue statements to a third party audience

Patents

Inventions; only for a limited time

You have to make an improvement to it

How do you extend a patent?

20 years from filing date

Utility Patent

15 years from issue date

Design Patent

20 years from filing date

Plant patent

Utility patent

Focuses on the function of the invention

Design patent

Focuses on the appearence/form of the invention

Plant patent

Focuses on new, variety of plant that can be reproduced asexually

America Invents Act

Act that gave patents rights to the first inventor to file, not the first to invent

Process, machine, article of manufacture, composition of matter, pharmeceuticals

Subject matter that can be patended

Laws of nature, natural phenomena, abstract idea, mathematical algorithms

Subject matter that cannot be patented

Conspiracy

Separate from the underlying charge

No, you need an overt act

Is it enough to just have an agreement to be charged with conspiracy?

Everyone

If one person committed the overt act, who is on the hook?

Larceny

Unlawful taking of personal property with the intent to deprive the rightful owner permanently; think theft or stealing

Robbery

Larceny by violence or threat

Burglary

Entering a building with the intent to commit a felony

Obstruction of Justice

Intervening with an investigation or trial; destroying or altering evidence

Racketeer Influenced and Corrupt Organizations Act

RICO

RICO

Imposes criminal and civil liability; occurs when a person, in connection with an enterprise (gang), engages in a pattern of two or more racketeering activities

4th Amendment

Protection against unreasonable search and seizures by the government

Yes

Do I need a search warrant to look through someone's phone

No

Do we need a search warrant if we are dealing with exigent circumstances?

No; higher level of expectation to privacy for a private residence

Do you have the same level of expectation to privacy in a private residence and a commercial premise?

No

Is a warrant needed to search through someone's bag/their person?

Asks if there is enough evidence to go to trial

A grand jury....

5th Amendment

Right to grand jury indictment, no double jeopardy, freedom from self-incrimination, due process of law

23; 16; 12

A grand jury is comprised of _____ citizens; _____ must be present to hear evidence and grant votes on cases; at least _____ must concur for the court to issue an indictment

Commenced with an information; fine or imprisonment less than one year

Misdemeanor classification

Commenced by a grand jury; fine or imprisonment of one year or more

Felony classification

Limited Partnership

Partnership where limited partners are not personally liable for the liabilities of the organization

General Partnership

Not expensive; taxed once; a partnership in which all owners share in operating the business and in assuming liability for the business's debts

Limited Liability Partnership

All partners are limited partners and not responsible for the debts and other liabilities of other partners

Officers, board of directors, and shareholders

Who controls a corporation?

Publicly held corporation

Business owned by hundreds or thousands of people (i.e., shareholders)

Closely held corporation

Business owned by only a few people (i.e., mom and pop shop)

If you are acting within the scope of employment

When is your employer liable for the negligent acts of his/her employees?

Executive powers, quasi-legislative powers, and quasi-judicial powers

How do administrative agencies get their power?

Executive Power

Enforcing law and regulation; power to investigate, prosecute, advise, and supervise