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Chapter 4
37 cards·by davidara28
Doctrine of Implied Powers
Powers not stated in the Constitution but are deemed necessary to carry out delegated powers.
Preemption
Federal government can prevent states from passing conflicting laws.
Civil Law
Law that deals with harm to an individual.
Criminal Law
Law that deals with harm to society as a whole
Plaintiff
Person who initiates a lawsuit
Defendant
Person who is sued of charged with a crime.
Beyond a Reasonable Doubt
standard of proof for Crim. Trials Must be son conclusive a reasonable person would have no
doubt.
Preponderance of the Evidence
Standard of proof in Civil trials.More likely than not defendant committed the wrong.
Clear and Convincing
Civil. Greater than preponderance but less that reasonable doubt.
Damages
monetary compensation in a civil case
Injunction
To do or cease doing something.
Criminal Sanctions
Loss of life or liberty
Mens Rea
Bad intent
Actus Reus
Bad act
Prima Facie Case
Prosecution or plaintiff must establish the elements of a crime
Negligence
acting unreasonably under the circumstances
Affirmative Defense
defendant offers new evidence to avoid judgement
Compensatory Damages
Money awarded to plaintiff for actual losses
Punitive Damages
money awarded to plaintiff to punish defendant.
Nominal Damages
Awarded when liability is found, monetary damages cannot be shown.
Contract
An agreement supported by consideration
Consideration
Something of value exchanged to form the basis of a contract.
Property Law
Law dealing with ownership
Real Property
land and objects permanently attached to land.
Personal Property
all property that is not real property.
Constructive
Not factually true but accepted by the courts as being legally true.
Legal Fiction
an assumption that something that is not real is real.
Tort Law
law that deals with harm to a person or a persons property
Intentional Tort
a tort committed with intent.
4 Elements to Prove Negligence
Duty, Breach, Causation, and Harm
Contributory Negligence
Negligence by the plaintiff that contributes to his/her harm.
Assumption of Risk
voluntarily knowing and subjecting oneself to danger.
Comparative Negligence
measures the relative negligence of the plaintiff and the defendant.
Strict Liability
Liability w/o showing fault
Substantive Law
law that defines rights and duties
Procedural Law
law that regulates how the legal system operates
Statute of Limitations
sets the length of time from when something happens to when a lawsuit (or charge) must be filed.