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 geopraphical areas.
Doctorine of implied powers
Powers not stated in Consitution but that are neccessary for Congress to carry out other expressly granted powers.
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.
Law that deals with harm to an individual.
Law that deals with harm to society as a whole
A person who initiates a lawsuit
In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime
Beyond a reasonable doubt
The standard of proff used in civil trials. The proof must indicate that it is more likely than not the defendant committed the wrong.
Monetary compensation, including compensatory, punitive, and nominal damages.
a consitutional protection against being tried twice for the same crime.
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.
Cause of action
A claim that based on the law and the facts is suffcient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it.
A defense whereby the defendant offers new evidence to avoid judgement
Accual compensatory damages
Money awarded to a plaintiff in payment for his or her actual losses.
Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
A token sum awarded when liability has been found but monetary damages cannot be shown
An agreement supported by consideration.
3 things needed for vaild contract
1. and offer
2. and acceptance
Something of value exchanged to form the basis of a contract
Law dealing with ownership.
Land and Objects permanently attached to land
All property that is not real property
not factually true, but accepted by the courts as being legally true.
An assumtion that something is not real is real- for eample, saying that a corporation is a person for purposes of its being able to sue and be sued.
Law that deals with harm to a person or a person's property .
mited by one who intends to do the act that creates the harm.
the failure to act reasonably under the circumstances
Negligence by the plaintiff that contributed to his or her injury.
Normally, any finding of contributory negligence acts as a completebar to a plaintiff's recovery.
Assumption of the risk
Voluntarily and knowingly subjecting oneself to danger.
A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of the compensation for the injuries.
Liability without a showing of fault
Four basic elements in a negligence case
Law that creates rights and suties
Law taht regulates how the legal system operates.
Statute of limitations
Tha law that set the length of time from when soemthing happens to when a lawsuit must be filied before the right to bring it is lost.
2 elements that establish Prima Facie case
1. Mens rea
2. Actus Reus