Flashcard Set Preview
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What is law?
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Foundation of statues, rules and regulations that governpeople, relationships, behaviors and...
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What is law based on?
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Solid long held tenetsCustomsBeliefs
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Sources of law
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ConstitutionBill of Rights3 Branches of government
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Statutory law
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Developed by legislative branch of governmentCodifiedAffect all citizens of the state
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Agencies
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Under the direction of the Executive branchEnact rules and regulations that become Administrative...
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4 Sources of Law
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Constitution and Bill of RightsCommon law or case law from the judicial branchStatutory law...
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Precedents
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Previous decisions made by courts
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Stare Decisis
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Latin for stand by things decided
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Checks and balances
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Executive branch can veto legislationLegislative branch can override a vetoJudicial branch...
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Common law
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Developed on a case by case bais
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Civil law
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Developed from Roman law codified by the legislatureComprehensive written set of rules and...
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Civil wrong aka Tort
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causes harm to a person or a person's propertyEncompasses various areas of law; contract issues,...
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Remedies in a civil law
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are almost exclusively money
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Criminal Law
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concerned with violations against societyRemedies = monetary fines, imprisonment and death
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Misdemeanors
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lesser criminal act remedied by fines and less than a year imprisonment
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Felonies
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serious criminal act remedied by larger fines and imprisonment of a year or moreIn some states...
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Court System
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local courts - handle crimes and civil cases that do not exceed a minor monetary sumGeneral...
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In personam
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court has jurisdiction over the person
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in rem
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court has jurisdiction over property or thing itself
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Appeals or appellate court
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case has been finalized in general jurisdiction court and still is being contestedAn appeal...
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State Supreme Court
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after case has been finalized in appellate courtOnly issues of law can be appealed.
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Writ of certiorari
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filed with the US Supreme Court requesting the case to beheardJustices choose cases to be heard
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US Federal Courts
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US Supreme Court. US Court of Appeals . 12 regional circuit courts of appeals ...
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Goal of law
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To settle disputes without violence
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Plantiff
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Person or entity bringing the suitPlantiff listed 1st in court case
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Defendant
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Person or entity being sued and defending
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Respondent Superior
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let the master answer - person or entiry that is control of situation can be sued
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Res ipsa loquitur
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the thing speaks for itself - presumption means the plaintiff does not have to prove negligence
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Negligence
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is a tortcornerstone of malpractice cases
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4 elements in negligence action
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dutybreach of dutyproximate harm or causal connectionharm/damages
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Malpractice
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requires proof of a breach of a standard of care
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Statue of limitations
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requires a case be brought within a specific time limit
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Professional liability policy aka malpractice insurance
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contract between the insured and the insurance company to protect the insured from a specific...
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Good Samaritan Law
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protects those who provide health care in an emergency situation
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Sovereign immunity
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defense that protects a federal or state employee when acting within the scope of employment
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Discovery
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Interrogatories - written questions that must be answeredRequest for Production of DocumentsAdmission...
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