BLAW UNIT 1
Katzenbach v McClung
-BBQ restaurant did not allow back patrons inside -congress said it's unconstitutional -violated interstate commerce bc food was shipped from over state lines
summary judgment
-a judgment decided by a trial court without that case going to trial; a summary judgment is an attempt to stop a case from going to trial judgment entered by -trial court as matter of law when no genuine issue of law is found to exist
brown v. board of education 1954
-a student and her sister commuted farther to school because they were black and had to go to black school -dad tried to enroll them into closer school but was denied admission -separate is NOT equal; no racial segregation! -court wanted to prevent children from feeling inferior
equitable remedy
-any form of relief that does not involve a request for monetary damages -specific performance, injunction, reformation, declaratory judgment
texas Supreme Court
-composed of Chief Justice and eight justices -court of last resort for civil matters in the state
jin case
-grand jury returned superseding indictment and charged defendant with 3 counts of theft or trade secrets and 3 counts of espionage violation of economic espionage act -defendant voluntarily waived her right to jury trial and proceeded to bench trial -court reviewed all evidence, trial notes, testimony of witness to determine credibility of each witness and parties' post-trial submissions -defendant betrayed Motorola by stealing its trade secrets; court also concludes that there was not enough evidence to find that jin betrayed u.s. by committing economic espionage for PRC
engagement agreement
-hourly rate, typically $500 per hour -litigation at an hourly rate is a rich person's game
u.s. v heart of motel
-motel did not let black patrons stay there -congress said it violated interstate commerce bc many of black patrons were travelers that needed somewhere safe to stay the night
Blimka v. My Web Wholesalers
-my web wholesalers shipped jeans to blimka but the quality was not as described -blimka sued my web for tort of fraud -defendants properly served in Maine but did not respond to complaint -district court issued a judgment against my web and depalma -defendants filed motion for relief from judgment -district court held that it had personal jurisdiction; defendants appealed
federal district court judges
-nominated by president -enforced by majority vote in senate -have tenure -can be impeached
wicker v. filburn
-ohio farmer filburn noticed more wheat than what u.s. agriculture allowed to make due to war -filburn said it was unconstitutional bc h should be able to produce whatever amount of wheat on his own land -congress said it is interstate commerce
5th amendment
-prevent self incrimination -protects you in court
citizens united v. federal election commission
-the accused has right to a jury trial in all criminal proceedings -Supreme Court interpreted that trial by jury right only applies to serious offenses not petty offenses
bank of boston v. bellotti
-u.s. constitutional law case defined free speech right of corporations for the first time -u.s. Supreme Court held that corporations have 1st amendment right to make contributions to ballot initiative campaigns
plaintiff; complaint; defendant; counterclaim
A case begins by the _____ filing a _______ against the _____ who may have claims and files a ________
criminal negligence
A degree of carelessness amounting to a culpable disregard of rights and safety of others is the definition of _______.
Miranda rights
A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.
compensatory damages
A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
nominal damages
A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.
long arm statute
A state statute that permits a state to exercise jurisdiction over nonresident defendants
contempt of court
Action that obstructs a court in administration of justice or is calculated to lessen the court's authority
specific performance
An equitable remedy requiring the breaching party to perform as promised under the contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property).
southern railway
Arizona said railway carts had to be short due to safety implements -railway said it was inconvenience bc they had to separate carts to make them smaller when it entered AZ -congress sided w Southern railway; said AZ couldn't punish them
commerce clause
Clause stating that Congress can regulate interstate and international commerce.
corporate social responsibility
Companies' acknowledged responsibility to society
in rem jurisdiction
Court jurisdiction over a defendant's property
legal precedent
Decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation.
supremacy clause
Federal law is supreme over state law
tax evasion
IRS devote significant resources to tracking down ppl and businesses that fail to file tax returns, report all income or overstate expenses
ordinance; misdemeanor
If a city enacts a law, often called an ______, violations are most likely classified as a ______ .
permanent injunction
If a court issues an order of indefinite length to a party, instructing them to do something or not to do something, it is called _______.
regulatory taking
If a government imposes a regulation that destroys almost all of the value of property, the action is said to be a: _____.
a
In Blimka v. My Web Wholesalers, the Supreme Court of Idaho held that an Idaho resident who bought goods from an out-of-state Internet seller: could sue the seller in Idaho state court. had to sue the seller in federal court in Idaho. would have to travel to the home state of the seller due to insufficient Idaho contacts. would have to take the case to arbitration as required by the purchase contract.
d
In Cooper Tire & Rubber v. Mendez, the Supreme Court of Texas held that a. Mendez's attorney failed to file motions properly on time, so Mendez lost his right to use Cooper Tire. b. Cooper Tire would be fined $1 million for failure to respond in a timely manner to documents properly requested by Mendez. Cooper Tire's requests for a number of depositions were not justified; they were an attempt to run up costs on Mendez. Mendez's expert witness was not qualified to testify, so his testimony would be disqualified.
diversity of citizenship
In some cases that would normally be heard in state court, and in which state law applies, the cases will be heard in federal court on the basis of
c
In the Georgia State Licensing Board for Residential and General Contractors case, where contractors were unable to work due to not knowing about their duty to get a license from the state under a new law, the Georgia Supreme Court held that: a temporary restraining order against enforcement of the regulation would be in place until the state could properly notify all contractors. the state was liable for compensatory damages for lost income due to the failure to notify contractors properly of the new regulation. a preliminary injunction against enforcement of the new regulation would be lifted. the regulation was a violation of the Fifth Amendment, as it was a taking of private property, the right to work, without compensation.
a
In the Pro's Sports Bar and Grill case, concerning the kind of liquor license Pro's was issued by a city, the appeals court held that the city: a. violated the Due Process Clause of the Fourteenth Amendment. b. violated the Equal Protection Clause of the Fourteenth Amendment. c. acted properly because all due process and equal protection issues were handled properly. d. acted properly given the powers governments have to regulate the sale of alcohol.
d
John agrees in writing to build Nancy's house for a price of $100,000. his costs are estimated to be $80,000 to build the house. Nancy terminates the contract after John has actually incurred $10,000 in material (i.e. wood) to construct the house. John can sue Nancy __________. a. $200,000 in punitive damages b. $20,000 in compensatory damage c. specific performance d. $30,000 in compensatory damages
b
John and bob are brothers and are in a lawsuit to determine who own a 100% interest in land their father left them is his will. bob lives on the land in a house. bob is approached by an oil company that wants to drill a well on the land and pay him all money he should get under the oil gas mineral lease he has signed. bob's best legal strategy is _________. a. all options are correct. b. to file an injunction against the oil company to stop any drilling until lawsuit determines ownership c. to file a lawsuit against John asking for compensatory and punitive damages d. to file a lawsuit for specific performance against the oil company to stop drilling under the terms of lease
b
John is a defendant in a civil case. he is asked by the opposing lawyer to testify at the trial but refuses. John ________. a. can refuse successfully to take the stand and testify only if he later wins the case b. cannot successfully rely on the 5th amendment to refuse to testify c. can successfully refuse to take the stand on the basis his 1st amendment "free speech" right would be violated d. can successfully rely on the 5th amendment to refuse to take the stand and testify
June 1, 2020
John is hurt in a car wreck occurring on June 1, 2018. he files a lawsuit against bob the other driver who caused john's personal injuries and the date for this filing is July 1, 2018. service of process is made on bob on August 1, 2018. under these facts, the statute of limitations period for John to bring his original lawsuit was ___________.
exclusive jurisdiction
Jurisdiction that exists when a case can be heard only in a particular court or type of court.
punitive damages
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
f
Peter Drucker, like others, have argued that it is not unethical for a firm to pay bribes in another country, if that is the norm, and if it protects jobs in the United States.
anti-money laundering
Regulations to ensure financial records reflect who is the beneficial owner of assets so law enforcement and tax authorities can know who assets really belong to
direct testimony
Statements made by a party or party's witness under oath; initial examination of witness by party on whose behalf the witness has been called
deposition
Sworn, in-person testimony of a witness recorded by a court reporter is called: _____
compliance program
System for ensuring that policies and procedures addressing issues identified in the code of conduct are presented to and understood and acted on by everyone in the organization and for evaluating the results of those efforts.
F
T/F: A party may not demand a physical examination of an opposing party in any le- gal proceeding due to constitutional protection of personal privacy.
T
T/F: After a jury return a verdict, the losing party may ask the judge to overturn the verdict by granting a motion for judgment as a matter of law.
F
T/F: If an arbitrator makes a mistake of law, not a mistake of fact, there is a right to appeal the decision to the proper court for review of the decision.
F
T/F: In the Naples v. Keystone Building case, the court issued a temporary restrain- ing order against Keystone instructing it to stop harassing the Naples
F
T/F: Parties are not allowed to see "critical documents" that support an argument being made by the opposition in a case
F
T/F: The majority of states now require mediators to be licensed, which is usually accomplished by passing a state examination
T
T/F: the first ten amendments to the constitution are known as the bill of rights.
d
The Commonwealth of Massachusetts brought criminal charges against a high- way construction firm because one of its trucks backed over and killed a police officer when the backup warning horn on the truck was out of order. The high court in Massachusetts held that the trucking company could: a. be liable for civil damages for the loss of life, but not convicted of a crime. b. not be convicted of a crime because only real persons can be convicted. c. be convicted of a crime which, by law, meant prison time for the company CEO. d. be convicted of a crime just as a real person could be.
equal protection
The case Reget v. City of La Crosse, which involved the operation of an auto- body shop, saw the appeals court hold that there had been no violation of the ___________ rights of the business and its owner.
long arm statute
The law that states have that help state courts obtain jurisdiction over out- of-state business defendants is called
bribery
The offer of or taking of money, goods, services, or other things of value to in- fluence official actions or decisions is:
voir dire; challenge
The process used to select members of a jury is called: ; an attor- ney may have the right to the selection of a person to a jury.
mens rea
The state of mind that accompanies a criminal act. Also, a guilty mind.
misleading speech and speech about unlawful activities
What two kinds of commercial speech are not protected by the First Amendment?
in rem
When a court obtains jurisdiction over property, it is called _______________ jurisdiction.
Miranda rights
When a person is arrested on suspicion of a crime they must be read their ______
arbitration
When parties to a dispute agree to meet before a private decision maker who has authority to impose a binding resolution to the dispute, the process is called:_____.
freedom of speech
With respect to business, the primary issue involving the First Amendment to the Constitution involves ___.
racketeering
___________ is a pattern of illegal activity, such as bribery or extortion that is part of an enterprise controlled by those engaged in the illegal activity.
counterclaim
a claim a defendant asserts against the plaintiff
writ of certiorari
a court process to seek judicial review of a decision of a lower court or govt. agency
ethics; morals
a person with a strong set of _____ is more likely to be a person of high ______.
federal question jurisdiction
a question in a case in which one of the parties, usually the plaintiff, is asserting a right based on a federal law
directed verdict
a ruling that the plaintiff has entirely failed to prove some aspect of her case
mediation
a third party is used to help parties in dispute reach solution by coming to acceptable agreement. mediator cannot impose decision but only help resolve a conflict
public law
administrative law antitrust law bankruptcy law constitutional law criminal law environmental law labor law securities regulation
private law
agency law contract law corporation law partnership law personal property law real property law tort law trusts and estate law
wire fraud
any electronic communication involved in illegal activities
which is binding? arbitration or mediation
arbitration
award
at the end of arbitration, the decision is called ______.
b
attorney Davis sued Radoff, the person appointed by court to be receiver for a debt owed. radon convinced Davis' bank to take money out of Davis' account without Davis' permission. the appeals court held that Radoff: a. could be liable for conversion of funds from the account. b. was protected against suit by form of judicial immunity. c. could be liable for falsely impersonating a court officer. d. could sue Davis for falsely claiming not to have enough money to pay the debt owed.
b
attorney Davis sued Radoff, the person appointed by the court to be receiver for a debt owed. Radoff convinced Davis' bank to take money out of Davis' account without Davis' permission. the appeals court had that Radoff a. could be liable for conversion of funds from the account. b. was protected against suit by a form of judicial immunity. c. could be liable for falsely impersonating a court officer. d. could sue Davis for falsely claiming not to have enough money to pay the debt owed
contingency arrangement
attorneys don't get paid if they lose a case
federal
bankruptcy courts are exclusively _______ only
grand jury
body of people, often 23, who are chosen to sit periodically for at least a month as long as a year to decide weather to issue indictment
preponderance of the evidence
burden of persuasion to win a verdict requires a claim by having majority or bulk of evidence on its side in civil trials
preponderance of the evidence
burden of persuasion to win a verdict requires plaintiff rove its claim by having majority or bulk of evidence on its side in civil trials
by a preponderance of the law
burden of proof is met when party with burden convince fact finder that there is a greater than 50% chance that the claim is true
state of texas v. miller as opposed to miller v. jones
cases against state are criminal, person v. person is civil
code compliance
compliance with written, adopted or required set of rules set into a code format
morality
concern with the distinction between good and evil or right and wrong
administrative agencies
congress or the state legislature enacts a law that directs agency to issue regulations, bring lawsuits and act to fulfill the law's goals
counterfeiting
copying genuine item without authorization especially when it is passed off for the genuine item i.e. illegal copying designer clothing
civil district court
court that hears any lawsuit above $10,000
criminal district court
court that hears felonies, serious crimes such as murder -judges are experts in their field
federal claims
court that hears suits for money filed against the federal govt. is called the court of _________.
affirmative defenses
defendant attempts to show that, even if the prosecution's claims are true, other facts prevent claims from constituting the crime charged
affirmative defense
defendant's response to plaintiff's claim that attacks the plaintiffs legal right to bring the action rather than attacking the truth of the claim
procedural law
defines manner of which rights and duties may be enforced
substantive law
defines rights and duties of people to each other
service of process
delivery of the complaint to the defendant
federal system
divides powers of govt. between national (federal) govt. and state and local govts
family courts at law
divorce/custody
necessary and proper clause
empowers congress to make all laws necessary for executing its other powers and those of the federal govt. as a whole
fruit of the poisonous tree
evidence gathered improperly; cannot be used in trial under exclusionary rule
cross examination
examination by attorney representing adverse party after other party examined her witness
RICO act
extra weapon against organized crime such as mafia, persons, businesses, political protest groups, terrorist orgs ; racketeer influenced corrupt organizations
motion to dismiss for failure to state a claim (demurrer)
failure to state a cause of action
hughes v. oklahoma
federal courts used the commerce clause as a "sword" to overturn specific state laws for acting as a barrier to interstate commerce in which case(s) below? a. hughes v. oklahoma b. citizens united v. federal election commission c. wicked v. filbrum d. first bank of boston v. bellotti
indictment
formal written charge issued by grand jury asserting that the named person has committed a crime
arbitration mediation negotiation
forms of ADR (alternative dispute resolution)
criminal negligence
gross negligence so extreme that it is punishable as a crime. For example, involuntary manslaughter can be based on criminal negligence, such as when an extremely careless automobile driver kills someone.
14th amendment
guaranteed all citizens equal protection of the laws
actus reus
guilty act; wrongful deed that constitutes physical component of crime
probable cause as basis for search warrants
have reasonable grounds, based on knowledge to date, to believe a person should be searched or arrested
city court for misdemeanors
hear misdemeanor criminal cases i.e. traffic violations -max fine doesn't exceed $500 -no jail sentence assessed
integrity
honesty, high moral standards; an unimpaired condition, completeness, soundness
remedy
how a right is enforced or violation of a right is compensated/prevented
9
how many justices on the Supreme Court
sue on lost profit and incurred costs
how to calculate damages
court of civil/criminal appeals
if either party to litigation is dissatisfied with a federal district court's decision, it has the right to appeal to the court of appeals for the circuit in which that district court is located
1st amendment to the u.s. constitution
in the bank of boston v. bellotti the appellate court overturned a law prohibiting corporate campaign contributions to political candidates based on conflict with ______.
mens rea... defendant
in the crime of homicide the _____ of the _____ may be way for clarification of the specific offense and determining severity of the penalty.
interrogatories
in the discovery process, a set of written questions for a witness or a party for which written answers are prepared with assistance of counsel and signed under oath
b
in what famous u.s. Supreme Court case did the court strike down a federal law outlawing contributions to political candidates by unions or non-profit organization for electioneering communication made within 60 days prior to actual election date? a. southern railway v. federal election b. citizens united v. federal election commission c. heart of Atalanta motel. d. brown vs. board of education
complaint
initial pleading by plaintiff in a civil action that informs the defendant of the material facts on which the plaintiff bases the lawsuit
arraignment for entering of plea
initial step in criminal protection defendant is brought before court to hear charges and enter a plea
judicial immunity
judge is absolutely immune for damages of judicial acts
default judgment
judgment entered against a party who failed to appear in court
magistrates
judicial officials who assist U.S. district court judges in many matters and may be assigned to hear cases
magistrates
judicial officials who assist u.s. district court judges in many matters and may be assigned to hear cases
jury deliberation
jury deliberates to reach agreement and find for plaintiff or defendant
common law (judge-made/case law)
law not passed by a legislative body and is not a specific set of rules; must be interpreted from many decisions that have been written over time
exclusionary rule
law that prohibits use of illegals obtained evidence in a criminal trial
public law
legal relationships between members of society (businesses and individuals) and the govt.
criminal law
legal wrongs or crimes committed against the state
misdemeanor
lesser crime punishable by fine and/or imprisonment in other than state or federal penitentiaries; not felony or treason
tenure
lifelong appointment with good behavior
compensatory nominal punitive
list types of monetary damages in a civil case
blimka v my web wholesalers
long-arm statute case
arbitration
means of settling disputes between parties when they submit matter to neutral third party of their choosing, who resolves dispute by issuing a binding award
BATNA
most advantageous alternative that a negotiating party can take if negotiations fail; best alternative to a negotiated agreement
f
most state judges are appointed until age 70 when retirement is usually mandatory
white collar crimes
nonviolent crimes committed in the business world i.e. wage theft or fraud
closing arguments by counsel
oral presentation to jury by attorneys after plaintiff and defendant stated their cases and before judge charges jury
opening arguments
oral presentations made to the jury by attorneys before parties present their cases
healthcare fraud
overfilling and scams by hospitals, doctors, ambulance services, labs, pharmacies, extended care facilities
financial fraud federal regulatory agencies
oversee banks and other financial institutions financial firms and their employees are subject to potential criminal liability for fraud in loans, financial docs, mortgages and other abuses
equal protection clause
part of the 14th amendment emphasizing that the laws must provide equivalent "protection" to all people
1. different states 2. amount in controversy is more than $75,000
parties must show these things to establish federal jurisdiction in a diversity case
bankruptcy fraud
person/corporation hides or lies about assets in bankruptcy proceedings -creditors given false info -illegal pressure applied to bankruptcy petitioners
criminal case trial; exclusionary rule
physical evidence seized wrongfully (i.e. without the obtaining a valid search warrant) cannot be used as evidence at a ______ cause of the application of the ________
reply
plaintiff's response to a defendant's counterclaim
murder
planned out beforehand
general jurisdiction
power of a court to hear all controversies that may be brought before it
limited/special jurisdiction
power of court to hear cases only of particular types (small claims, family courts) where judgments may be issued that only cover certain kinds of disputes
appellate jurisdiction
power of court to revise or correct proceedings in a case already acted upon by lower court or administrative agency
original jurisdiction
power of court to take a lawsuit at its beginning, try it and pass judgment upon the laws and facts
eminent domain
power of govt. to condemn or take private's property for public use, pay will be compensated
concurrent jurisdiction
power shared by federal and state courts to hear certain cases
voir dire
preliminary examination of juror in which attorneys and court attempt to determine bias, incompetency and interest
retainer up front
prepayment to ensure client doesn't leave without paying
antitrust
price fixing, bid rigging, procurement fraud, other anti-competitive practices i.e. criminal cartels
just compensation clause
private property shall not be taken for public use without just compensation
summons
process through which a court notifies and compels a defendant to a lawsuit to appear and answer a complaint
venue
proper location for a trial or case
motion to dismiss
request that complaint be dismissed, because it does not state a claim for which the law provides a remedy
subject matter jurisdiction
right of a court or other body to hear a case and render a judgment
Plessy v. Ferguson 1986
separate but equal OK'd by high court A man who was part black and part white; asked to leave for sitting on white part of train
felony
serious class of crime (rape, murder, robbery) punishable by imprisonment; >1 year or death
hughes v. oklahoma
state law passed by legislatures in OK -small minnows industry -state says you cannot sell minnows outside OK, only in state -man sells minnows to people in TX -court says it's legit for OK economy but it affects interstate commerce bc it is not a big economic impact to OK -hughes should be allowed to sell minnows
pleading
statement of the plaintiff/defendant that details their facts, allegations and defenses
statute of limitations
statute setting max time periods from occurrence of event, during which certain actions can be brought or rights enforced
embezzlement
statutory offense when person fraudulently appropriates for her own use the property or money entrusted to her by another i..e. bank teller pocketing deposits
insider trading
stock prices go up secret info you have that public does not have is not fair people should have same info at same time
deposition
sworn testimony, written or oral, of a person taken outside the court
f
t/f: Federal Express allowed the IRS to search a package sent by a customer. As a result of the search, the evidence helped lead to the customer's conviction. The appeals court held the evidence was improperly gathered as it violated the right to privacy
t
t/f: Federal courts have the ability to impose sentences on convicted felons that do not follow the Sentencing Guidelines exactly
f
t/f: If, rather than go to trial, a defendant agrees to plead guilty, that is called a plea of nolo contendere
f
t/f: In Erie Railroad Co. v. Tompkins, the Supreme Court held that federal courts should apply federal common law in suits involving parties from multiple states
f
t/f: In the case Citizens United v. Federal Election Commission, the Supreme Court held that Congress could impose significant restrictions on political speech by business, but not upon persons.
f
t/f: Telemarketing fraud is subject to civil penalties, such as fines and injunctions, but Congress did not provide for criminal penalties
f
t/f: The Equal Protection Clause of the FourteenthAmendment applies to the federal government, but does not apply to state governments unless they have incorporated it into their state constitution.
f
t/f: The Supreme Court held, in the Consolidated Edison Co. case, that there may be no restrictions on political speech by business.
f
t/f: The power of eminent domain belongs to the federal government only; it may not be used by state or local governments without federal permission
t
t/f: Warrantless searches of business property is allowed in some instances
t
t/f: in the case of Davis v. Baugh Industrial Contractors, the Washington state high court held that it would abandon an old rule concerning employer liability for worksite injury
f
t/f: most state judges are appointed until age 70, when retirement is usually mandatory
f
t/f: state constitutions must be approved by congress
counterfeit
the copying of a genuine item without
international trade
the court that hears cases involving customs and tariffs disputes
federal claims
the court that hears suits for money filed against the federal government is called the court of ________.
embezzlement
the criminal case involving th bakery store in corsicana involved the prosecution of its finance officer for the crime of _________.
amount in controversy
the damages claimed or the relief demanded by the injured party in a dispute
judgment notwithstanding the verdict
the decision of a court that sets aside the verdict of a jury and reaches the opposite result
contingency fee
the fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit; 1/3 of recovery by attorney
negro motorist
the green book for black families to take vacation and travel in America
b
the impeachment of a witness at trial during cross examination by use of a prior deposition occurs at what point in time? a. prior to the voir dire examination of potential jurors. b. after that witness had given his testimony in direct examination. c. immediately prior to opening statements by legal counsel. d. before that witness gives his testimony in direct examination.
eminent domain
the just compensation clause of the u.s. constitution relates to the payment of appropriate money in the event a public authority exercises its power of ______.
diversity jurisdiction
the power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000
ethics
the principles of right and wrong that guide an individual in making decisions
discovery
the process by which the parties to a lawsuit gather information from each other to reduce scope of what will be presented in court
appeals process
the process in which cases are reviewed, where parties request a formal change to an official decision
answer
the response of the defendant to the plaintiff's complaint, denying in part or in whole the charges made by the plaintiff
personal jurisdiction
the right of a court or other body to hear a case and render a judgment
b
the right to a trial by jury a. applies to defendants only in civil cases b. applies to all parties in civil or criminal cases c. applies only to the state prosecution in criminal case d. only applies in criminal felony cases
mediation; civil
the texas legal system and laws have greatly increased the use of _____ in ______ cases.
stare decisis
the use of precedent by courts; the use of prior decisions to guide decision making in cases before the courts
federal; commerce
the wicked v. filbrum case involved a great extension of ___ power under the ___ clause in the u.s. constitution
securities fraud
theft from accounts of clients of securities firms and violations of securities laws
computer and internet fraud
thief goes through trash to find discarded receipts or carbons and uses your account numbers illegally -credit card fraud, unauthorized access to financial accounts, unauthorized use of computers and computer files and sabotage
codes of compliance
to reduce the severity of penalty in case of prosecution by the government, many companies have adopted ___________
beyond a reasonable doubt
trial court must find evidence _____________ that a person committed the crime
credit card fraud
unauthorized use of credit card to obtain goods, services, or cash
manslaughter
unintentional killing of another person
justice of peace (JP) court
up to $10,000 evictions suspension of license
county court at law
up to $100,000 in cities only
telephone fraud or mailing fraud
use telephone as primary means to communicate with victims
negotiation
voluntary discussion of terms and conditions of proposed agreement or a form of alternative dispute and avoid litigation
poesy v. ferguson
what prior u.s. Supreme Court case did brown v. board of education specifically overturn?
precedent; stare decisis
when a court decides a common law it usually relies on ____ from earlier decisions under the doctrine of ________
economic espionage
when commercial trade secrets are stolen for use by competitor; specifically violates federal law
treaty
when the president and congress agree to bind the U.S. to an international agreement, the agreement is called a(n)
b
which of the following is not. held by the public in low esteem? a. congress b. small business c. law firms d. big business
a
which statement(s) below is/are true? a. an arbitrator makes a final and binding decision between the parties b. a mediator makes a final and binding decision between the parties c. parties can never agree to both mediate and later to arbitrate their dispute. d. an arbitrator helps/facilitates the parties to enter into their own argument.
victor green
who was the author of the famous "Negro Motorist Handbook?
probate court
wills, estates probate of wills and recognition as lawful