Key Concepts in Constitutional Law, Criminal Law and Procedure, Torts, and Ethics - Exam 2

Vocabulary

Constitutional Law

The body of law that deals with the principles and structures of government as outlined in the Constitution.

3 Branches of Government

Legislative (Law-Making), Executive (Law-Enforcing), Judicial (Law-Interpreting).

Enumerated powers

Specific powers granted to Congress outlined in Article 1, Section 8 of U.S. Constitution.

Checks and balances

A fundamental principle of American government, guaranteed by the Constitution, whereby each branch of the government has some measure of influence over the other branches.

Independent checks

Limits put in place by the Constitution limiting both state and federal power.

Supremacy clause

Federal law prevails over conflicting state laws.

Preemption doctrine

The idea that a higher authority of law will replace law of a lower authority when the two authorities come into conflict.

Commerce clause

Empowers Congress to regulate interstate commerce.

Police powers

The authority of a state government to create laws and regulations to promote the public's health, safety, and welfare.

Privileges and Immunities clause

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Full faith and credit clause

Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.

Bill of Rights

The first ten Amendments to the Constitution, which set out individual rights and liberties.

Equal protection Clause

The constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups.

Strict scrutiny

When courts use the highest level of judicial review to evaluate whether a law is constitutional. Used on laws that impact a class of individuals based upon race, national origin, religion, poverty, or alienage.

Intermediate scrutiny

A legal test used by courts to determine if a law is constitutional.

Rational basis test

A judicial review test that determines if a law or regulation is constitutional and does not violate the Constitution's equal protection clause.

Procedural due process

Refers to the constitutional requirement that when the government acts in such a manner that denies a citizen of life, liberty, or property interest, the person must be given notice and the opportunity to be heard.

Substantive due process

The principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference.

Crime

Behavior that is punishable as a public offense.

Misdemeanor

A type of offense punishable under criminal law, typically punishable by less than 12 months in jail.

Felony

A crime punishable by a term of imprisonment of at least one year or by the death penalty.

First Amendment

Guarantees freedoms concerning religion, expression (speech), assembly, and the right to petition.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects.

Fifth Amendment

Guarantees the right to a grand jury, forbids 'double jeopardy,' and protects against self-incrimination. The Miranda Rights are part of this Amendment.

Sixth Amendment

Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay.

Eighth Amendment

Prohibits cruel and unusual punishments, but also protects against 'excessive fines' and bail.

Search and seizure

Used to describe a law enforcement agent's examination of a person's home, vehicle, or business to find evidence that a crime has been committed.

Exceptions to a warrantless search

Includes consent, search incident to arrest, automobile exceptions, exigent circumstances, special needs, and plain view.

Fruit of the poisonous tree

Extends the exclusionary rule to make evidence invalid in court if it was derived from evidence that was illegally obtained.

Miranda warnings

A set of rights that police must inform a suspect of before questioning them in custody. These rights include:

The right to remain silent

The right to have an attorney present during questioning

The right to have an attorney appointed if the suspect cannot afford one

The right to end the interrogation at any time

Corporate criminal liability

Corporations are only liable for the acts of employees when employees are acting within the scope and nature of their employment.

Criminal Procedure

Basic steps include arrest, initial appearance, preliminary hearing, arraignment, pleas, discovery of evidence, jury selection, trial, pre-sentence investigation, and sentencing.

Grand Jury

A group of people selected to sit on a jury that decides whether the prosecutor's evidence provides probable cause to issue an indictment.

White Collar Crime

Generally non-violent and includes public corruption, health care fraud, mortgage fraud, securities fraud, and money laundering.

RICO (Racketeer Influenced and Corrupt Organizations Act)

Seeks to strengthen the legal tools in evidence gathering.

Sarbanes Oxley Act

A federal act passed in 2002 to improve auditing (financial investigation) and public disclosure in response to several accounting scandals.

FCPA (The Foreign Corrupt Practices Act)

Makes it unlawful for a U.S. person or company to offer, pay, or promise to pay money or anything of value to any foreign official to obtain or retain business.

Fraud

Both a civil tort and criminal wrong. The crime of using dishonest methods to take something valuable from another person.

Example of Fraud

Bank fraud or credit card fraud.

Embezzlement

The fraudulent taking of personal property by someone to whom it was entrusted. It is most often associated with the misappropriation of money.

Forgery

The crime of creating a false document, altering a document, or writing a false signature for the illegal benefit of the person making the _____

Insider Trading

The illegal use of non-public, material information about a company to buy or sell its stock or other securities for personal gain.

Strict liability

When a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.

Deferred Prosecution Agreement

The government will bring charges against a defendant but agrees not to move forward on those charges. In exchange, the defendant agrees to abide by certain requirements or conditions.

Intentional tort

A wrongful act that someone plans and carries out while fully aware of their actions.

Assault

The intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical injury is required.

Battery

An unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact.

Defamation

A statement that injures a third party's reputation. The tort includes both libel (written statements) and slander (spoken statements).

Defamation for public figures

Public figures must prove that the defamatory statement was made with the knowledge that it was false or with reckless disregard for the truth.

Invasion of privacy

The unjustifiable intrusion into the personal life of another without consent.

Trespass

The act of entering another person's property without permission, or remaining on the property after being asked to leave.

Conversion

A civil wrong that occurs when someone intentionally takes another person's property for their use. Also known as a type of theft.

Negligence

The failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.

Standard of care

Based on what a reasonable person would do in a similar situation.

Elements of negligence

1. Duty of care 2. Breach of duty of care 3. Causation 4. Damages.

Negligence per se

Focuses on the violation of a statute or regulation. A defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care.

Res ipsa loquitur

A principle in tort law that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence of an accident.

Tort reform

Changes to the law designed to make it harder for plaintiffs to sue, or designed to reduce the potential compensation available after a lawsuit has been filed and won.

Premises liability

A legal concept that holds property owners responsible for injuries that occur on their property due to unsafe conditions.

Assumption of risk

When a plaintiff assumes the risk involved in an obviously dangerous activity but proceeds to engage in the activity anyway.

Contributory negligence

When an injured person is found partially responsible for their own injuries. If the plaintiff bears even partial fault, they cannot recover damages.

Comparative negligence

A tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident.

Difference between compensatory and punitive tort damages

The primary difference between compensatory and punitive damages is their intended effects on the two opposing sides of a personal injury claim.

Compensatory damages

Meant to make up for actual losses.

Punitive damages

Meant to penalize the defendant.

Ethics/Business Ethics

Legal standards provide the minimum acceptable behavior prescribed by law, ensuring that businesses operate within the boundaries of legality.

Deontological theories

An action is considered morally good because of some characteristic of the action itself, not because the product of the action is good.

Teleological theories

A theory that actions are right or good if they achieve a certain goal or outcome.

Duty-based Ethics

In a legal context, these ethics can be applied to professional codes of conduct, such as those for police officers, teachers, and psychologists.

Outcome-based Ethics

A system of ethics that evaluates the morality of an action based on its consequences, rather than the action itself or any moral or religious beliefs.

Utilitarianism

Dictates that a decision to act or not act should be directed towards producing the greatest good for the greatest number of people.

Kantian Principle

One should always respect the humanity in others, and one should only act by rules that could hold for everyone.

Justice Theory

Every individual has an equal right to basic liberties, and they should have the right to opportunities and an equal chance as other individuals of similar ability.

Profit Maximization

The principle that every firm should operate to make a profit.

Shareholder theory

Based on the idea that businesses have a legal and economic obligation to maximize the profits and returns for their shareholders.

Stakeholder theory

The theory argues that a firm should create value for all stakeholders, not just shareholders.

Social Responsibility (A.K.A. CSR, or Corporate Social Responsibility)

Pertains to people and organizations behaving and conducting business ethically and with sensitivity toward social, cultural, economic, and environmental issues.

Beyond a reasonable doubt

The standard of proof in criminal law.