Chapter 4: Classification of the Law

Cause of action

A claim that, based on the law and the facts, is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it.

Double Jeopardy

A constitutional prohibition against being tried twice for the same crime

What is the difference between a contract and a gift?

A contract is a legally enforceable agreement, verbal or written that is supported by consideration. Gifts are one sided agreements-no consideration exchanged

Mens Rea

Bad intent or guilty mind

Actus Reus

Bad or guilty act

True or False: Every state must have the same laws regarding gambling. Why?

False. As gambling is a moral question and it is not explicitly granted as a federal question, the states reserve the power to set forth those laws and statutes.

Why are some areas of the law preempted by the federal government?

to prevent states from passing particular conflicting laws, or laws in a particular subject to keep the federal law the supreme law.

Damages

Monetary compensation, including compensatory, punitive, and nominal damages.

Doctrine of Implied Powers

Powers not stated in the Constitution but that are necessary for Congress to carry out other, expressly granted powers.

What is the function of the statute of limitations?

The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment: A plaintiff with a valid cause of action should pursue it with reasonable diligence. By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim.

Preponderance of the evidence

The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrongful act.

Beyond a reasonable doubt

The standard of proof used in criminal trials. The evidence presented must be so conclusive and complete that there are no reasonable doubts regarding the guilt of the accused.

Clear and convincing

The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.

What is the general definition of a civil cause of action?

a claim based on the law and specific facts that is substantial enough to justify bringing the lawsuit.

Misdemeanor

a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

affirmative defense

a defense whereby the defendant offers new evidence to avoid judgement

Contract

a legally enforceable written or verbal agreement, supported by consideration

Plaintiff

a person who initiates a lawsuit; the complaining party

Nominal damages

a token sum awarded when liability has been found but monetary damages cannot be shown

In addition to damages, what might a plaintiff seek in a civil case?

an injunction or specific performance to be court ordered

Why can the same act constitute several different crimes?

because multiple statutes might be relevant to the same act, and there may be both federal and state laws involved.

When is the burdon of proof "beyond a reasonable doubt" and when is it "preponderance of the evidence"? What is the difference between them?

beyond a reasonable doubt applies to criminal cases, whereas the preponderance of evidence applies to civil cases. beyond a reasonable doubt is a greater standard of evidence, where as the preponderance of evidence is only to prove that it was more likely than not that the defendant committed the actions

What are the three types of damages available in a civil case

compensatory, punitive, and nominal damages.

What must be present for a contract to be valid?

consideration-something exchanged to form the basis of a contract

What are the main defenses to negligence?

contributory negligence and assumption of risk

give the general definition of negligence, and list the elements necessary to prove a prima facie case

failure to act reasonably under circumstances.. need bad intent and bad act

What are the three ways in which we classify the law?

federal or state law civil or criminal law substantive or procedural law

Name at least four ways in which civil law differs from criminal law?

names of parties(plaintiff/defendant or State/defendant) source of law(common law/statutes or statutes), judgment (liable/not liable or guilty/not guilty

Tortfeasor

person who commits a tort

Consideration

something of value exchanged to form the basis of a contract

What is the difference between substantive and procedural law?

substantive law is the legal rights and duties procedural law is rules that govern how legal system operates

States are allowed to make any laws they deem appropriate regarding what?

the health welfare safety and morals of their citizens as long as they do not interfere with constitutional rights

Federal law is involved if the situation concers what 3 things?

1. A Constitutional issue 2. A federal Statute 3. Regulations by a federal agency

Federal question

A legal question involving the applivation of federal law (including the U.S. Constitution

Felonies

A serious criminal offense punishable by a prison sentence of more than one year

Federalism

A system of government in which the authority to govern is split between a single, nationwide central government and several regional governments that control specific geographical areas.

Defendant

In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.

What are two basic defenses to a criminal action

Ione justifies the act and the other negates the intent of the act.

Do you think congress could (not should) enforce a national divorce statute? Why?

No as this is an area that is reserved to the states (morals etc)

What does it mean to say the federal goverment is a government of limited powers?

The federal government is restricted from passing laws in areas reserved for the states to prevent overreaching from federal government bodies. Most of the federal government's powers are enumerated in Article I, section 8 of the constitution and the 14th amendment gives provisions for congress passing laws to enforce specific amendments. Also they are regulated by the doctrine of implied powers.

In a criminal case does the government or the defendant present its case first? Why?

The government or prosecutor as they bear the burden of proof for the case.

Statute of limitations

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.

Preemption

The power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject.

prima facie case

What the prosecution or plaintiff must be able to prove in order for the case to go to the jury - that is, the elements of the prosecution's case or the plaintiff's cause of action.

In a civil case, does the plaintiff or the defendant present its case first? Why?

in a civil case the plaintiff presents it's case first as they are responsible for the burden of proof, and must prove their cause of action.

What are the three main areas of tort law

intentional, negligent, and strict liability

Substantive law

law that creates rights and duties

Civil law

law that deals with harm to an individual

Criminal law

law that deals with harm to society as a whole.

Procedural law

law that regulates how the legal system operates

Strict liability

liability without a showing of fault

What two basic elements must be established for the government to prove the prima facie case in a criminal case?

mens rea and actus reus; the bad intent and the bad act

Punitive Damages

money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others

Compensatory damages

money awarded to a plaintiff in payment for his or her actual losses