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Study sets matching "law 201"

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Study sets matching "law 201"

48 terms
LAW 201
Actus Reus
Adversarial System
Appellant
Arraignment
The objective part of a criminal offence, the actual criminal…
System, used in common law courts, whereby the primary respon…
Individual, corporation or other entity who lost at trial and…
Procedure by which the charge is read to the accused in open…
Actus Reus
The objective part of a criminal offence, the actual criminal…
Adversarial System
System, used in common law courts, whereby the primary respon…
61 terms
Law 201
Constitutional Law
Statute
Common Law
Courts of Equity
Law based on the US constitution and constitutions of various…
Written law
Body of law developed from custom or judicial decisions in En…
Decides controversies and administers justice according to ru…
Constitutional Law
Law based on the US constitution and constitutions of various…
Statute
Written law
255 terms
LAW 201
Where does law come from?
What is the hierarchy of law?
What is legal reasoning?
What are the five steps to a case brief?
- Constitution *supreme law of Canada. Any law inconsistent w…
Constitution > Statutes > Case Law -- in case law Superior Co…
- Understanding the application of the law.... - Take all sourc…
Facts... Issues... Ratio... Analysis... Conclusion
Where does law come from?
- Constitution *supreme law of Canada. Any law inconsistent w…
What is the hierarchy of law?
Constitution > Statutes > Case Law -- in case law Superior Co…
29 terms
Law 201
Court of Law remedy
Injunction
Recission
Laches
Money
Order to stop doing something/ Undo a wrong
Order to cancel a contract
Statute of Limitation in Court of Equity
Court of Law remedy
Money
Injunction
Order to stop doing something/ Undo a wrong
71 terms
law 201
Background on Constitution
Ultimate objective for those crafting…
Strategies:
Marbury v. Madison (1803) overview
• Colonies declare independence: led to declaration (drafted…
- Survive real world challenges... - Empower without threatening…
- Identification of rights and liberties. Legalistic rights (…
First decision by the Supreme court to declare a law unconsti…
Background on Constitution
• Colonies declare independence: led to declaration (drafted…
Ultimate objective for those crafting…
- Survive real world challenges... - Empower without threatening…
134 terms
LAW201
in addition to its names heads of powe…
cause of action (FEQ)
"Persons case" the Canadian constituti…
ratio decidendi (FEQ)
the peace, order, and good government of Canada
legal argument or law that would entitle a plaintiff to a rem…
a living tree
principle/point in the case that determines the judgment
in addition to its names heads of powe…
the peace, order, and good government of Canada
cause of action (FEQ)
legal argument or law that would entitle a plaintiff to a rem…
11 terms
Law 201
Assault and Battery
False imprisonment
intentional infliction of emotional di…
defamation
any unexcused and intentional act that causes another person…
an intentional confinement or restraint of another person's m…
an intentional act that amounts to extreme and outrageous con…
a false statement of fact, not made under privelege, that is…
Assault and Battery
any unexcused and intentional act that causes another person…
False imprisonment
an intentional confinement or restraint of another person's m…
92 terms
Law 201
Constitutional Law
Statutes
Case Law
Private Law
Supreme law of Canada.
Legislation passed by government.
Decisions that judges make.
Individual vs. Individual
Constitutional Law
Supreme law of Canada.
Statutes
Legislation passed by government.
103 terms
LAW 201
What is Natural Law?
According to natural law:
Legal Positivism:
Command theory:
- Theory that a higher power guides human behaviour and offer…
An unjust law is not a law
- opposes the idea of natural law... - "Positive" laws are rules…
John Austin stated: The law as commands from a sovereign that…
What is Natural Law?
- Theory that a higher power guides human behaviour and offer…
According to natural law:
An unjust law is not a law
20 terms
Law 201
lawyer's duty to client
small claims court
pleadings
components of a case brief
loyalty (no conflict of interest), confidentiality, competence
deals with issue of $25, 000 or less
short summary of the party's view on the case, evidence is no…
facts, issues, ratio/rule, analysis, conclusions
lawyer's duty to client
loyalty (no conflict of interest), confidentiality, competence
small claims court
deals with issue of $25, 000 or less
138 terms
LAW201 - Midterm
What is wrong with the following citat…
The "Style of Cause" in a citation ref…
What is not required to become a lawye…
What area does the provincial legislat…
The year of the decision is missing
False
The sponsorship of a practicing lawyer with at least 5 years…
Education
What is wrong with the following citat…
The year of the decision is missing
The "Style of Cause" in a citation ref…
False
291 terms
Law 201
Specific bill for terrorism that the g…
States competent lawyer means a lawyer…
- If the information was passed betwee…
4 years of school, but some allow afte…
Bill C-51
Ontario Rules for Professional Conduct Rule 3.1-1
Lawyer- Client Confidentiality
How to Become a Lawyer
Specific bill for terrorism that the g…
Bill C-51
States competent lawyer means a lawyer…
Ontario Rules for Professional Conduct Rule 3.1-1
39 terms
Law 201 Chapter 11
Contract
Objective Theory of Contracts
Objective Facts About a contract
Agreement, Consideration, Capacity, Le…
A promise or a set of promise for the breach of which the law…
An agreement between two parties exists if a reasonable perso…
1. What the party said when entering into the contract... 2. How…
Four requirements for a contract
Contract
A promise or a set of promise for the breach of which the law…
Objective Theory of Contracts
An agreement between two parties exists if a reasonable perso…
11 terms
Law 201 Chapter 5
Ethics
Triple Bottom Line
Moral Minimum
Ethical Reasoning
Study of what constitutes right and wrong behavior
A corporation's profits, its impact on people and its impact…
Morals extend only to compliance with the law
Application of morals and ethics to a situation
Ethics
Study of what constitutes right and wrong behavior
Triple Bottom Line
A corporation's profits, its impact on people and its impact…
8 terms
Law 201 - Module 9
Partnership Conditions
Nature of Corporations
Shareholder Rights
Classes of Shares
1. Ongoing business... 2. Business must be run by more than one…
1. A legal Person (can be sued, charged for a crime, etc)... 2.…
Shareholders are the owners of the corporation. They hold a s…
Common shares - voting shares, with no dividend right, receiv…
Partnership Conditions
1. Ongoing business... 2. Business must be run by more than one…
Nature of Corporations
1. A legal Person (can be sued, charged for a crime, etc)... 2.…
37 terms
LAW201 Module 4 Quiz
The correct way a person is told to co…
"Bail" is the same thing as "judicial…
A preliminary inquiry is:
The past participle of the verb "to pl…
- A summons... - An appearance notice ... - An arrest warrant
True
A hearing in front of a Provincial Court judge to see if the…
Pleaded
The correct way a person is told to co…
- A summons... - An appearance notice ... - An arrest warrant
"Bail" is the same thing as "judicial…
True
22 terms
Law 201 Chapter 11
promisor
promisee
contract
Objective theory of contracts
the person making the promise
the person to whom the promise is made
"a promise or set of promises for the breach of which the law…
intent is determined by this, not by the personal or subjecti…
promisor
the person making the promise
promisee
the person to whom the promise is made
17 terms
Law 201 Chapter 12
Agreement
Offer
revocation
option contract
the parties must agree on terms of the contract and manifest…
a promise or commitment to do or refrain from doing specified…
the offeror's act of withdrawing (revoking) an offer
created when an offeror promises to hold an offer open for a…
Agreement
the parties must agree on terms of the contract and manifest…
Offer
a promise or commitment to do or refrain from doing specified…
13 terms
Law 201 Chapter 5
Ethics
Business Ethics
Triple bottom line
Moral Minimum
The study of what constitutes right or wrong behavior
looks at decisions businesses make or have to make and whethe…
a corporation's profits, its impact on people, and its impact…
compliance with the law; if people and entities merely comply…
Ethics
The study of what constitutes right or wrong behavior
Business Ethics
looks at decisions businesses make or have to make and whethe…
13 terms
Law 201 Chapter 9
Spam
Internet Service Providers (ISPs)
domain name
goodwill
unsolicited "junk e-mail" that floods virtual mailboxes with…
Organizations that provide access to the internet.
part of an internet address - "cengage.com"
non tangible value of a business
Spam
unsolicited "junk e-mail" that floods virtual mailboxes with…
Internet Service Providers (ISPs)
Organizations that provide access to the internet.
24 terms
LAW201 - Module 2 Quiz
What is wrong with the following citat…
The "Style of Cause" in a citation ref…
What is not required to become a lawye…
A bylaw states that "no cars, motorcyc…
The year of the decision is missing
False
The sponsorship of a practicing lawyer with at least 5 years…
Bicycles are permitted to enter the boardwalk as they are non…
What is wrong with the following citat…
The year of the decision is missing
The "Style of Cause" in a citation ref…
False
264 terms
Law 201 - Notes
Where does the law come from in Ontario?
Two steps of legal reasoning
Role of lawyers in society
Solicitors
1. Constitution (Supreme Law of Canada)... 2. Statutes... 3. Case (…
1. Knowing the facts of the case... 2. Applying the facts of a c…
1. Politicians... 2. Policy makers... 3. Judges... 4. Academics... 5. Pri…
May not actually appear in court but draft legal agreements a…
Where does the law come from in Ontario?
1. Constitution (Supreme Law of Canada)... 2. Statutes... 3. Case (…
Two steps of legal reasoning
1. Knowing the facts of the case... 2. Applying the facts of a c…
15 terms
Law 201 Chapter 13
Consideration
forbearance
executory
rescission
1. something of legally sufficient value must be given in exc…
the refraining from an action that one has a legal right to u…
still to be carried out
the unmaking of a contract so as to return the parties to the…
Consideration
1. something of legally sufficient value must be given in exc…
forbearance
the refraining from an action that one has a legal right to u…
52 terms
Law 201: Ch. 2
judiciary
judicial review
jurisdiction
in personam jurisdiction
entrusted with interpreting laws
decide whether laws or actions of other 2 branches are consti…
before court can hear a case, it must have authority over the…
personal jurisdiction... any person residing in a certain geogra…
judiciary
entrusted with interpreting laws
judicial review
decide whether laws or actions of other 2 branches are consti…
20 terms
Law 201 Midterm
Natural Law
Legal Positivism
Nuremberg trials
Pre enlightenment
Derived from inherited rights. Based on morals and values.
Man made law. By man for man. The laws derive from authority…
Those who participated in the holocaust were placed on trial…
The time period of the 17th and 28th century where the indivi…
Natural Law
Derived from inherited rights. Based on morals and values.
Legal Positivism
Man made law. By man for man. The laws derive from authority…
6 terms
Insurance Law L201
Insurable interest
Insurance laws
AGENCY LAWS
occurence
you have to have some stake in the property like... -if you hav…
STATE REGULATES INSURANCE
STATE REGULATES INSURANCE
...
Insurable interest
you have to have some stake in the property like... -if you hav…
Insurance laws
STATE REGULATES INSURANCE
36 terms
Business Law 201 Final
Statute of Frauds
Testate
Intestate
Suretyship Provision
=1677, certain kinds of contracts, to be enforceable must be…
Died leaving a will. Appoint executor/executrix who gather as…
Died without a will. Appoint administrator/administrix.
If mad ancillary promise debt to another, it must be in writi…
Statute of Frauds
=1677, certain kinds of contracts, to be enforceable must be…
Testate
Died leaving a will. Appoint executor/executrix who gather as…
96 terms
L201 Business Law
constitutions
statutes
common law
stare decisis
establish governmental structure, specific rights and duties
enacted by legislative body to regulate conduct
made and applied by judges at the state level as judges decid…
let the decision stand
constitutions
establish governmental structure, specific rights and duties
statutes
enacted by legislative body to regulate conduct
23 terms
LAW201 3 & 5 Crosswords
Duress
Consideration
Bail
Stare Decisis
A defendant who says someone made him do it will plead that h…
What the parties to a contract must give each other
The more common term meaning "judicial interim release"
Decisions of higher courts bind lower courts because of the p…
Duress
A defendant who says someone made him do it will plead that h…
Consideration
What the parties to a contract must give each other
81 terms
Business Law 201 Midterm
Statutory Law
Common Law
Administrative Law
Independent Regulatory Agencies
The body of law enacted by legislative bodies (as opposed to…
the part of English law that is derived from custom and judic…
The body of law created by administrative agencies (in the fo…
Federal regulatory agencies that are independent, thus not fu…
Statutory Law
The body of law enacted by legislative bodies (as opposed to…
Common Law
the part of English law that is derived from custom and judic…
167 terms
Business Law 201
Law
Right
Duty
Right of Privacy
The order or pattern of rules that society establishes to gov…
Legal capacity to require another person to perform or refrai…
An obligation of law imposed on a person to perform or refrai…
The right to be free from unreasonable intrusion by others.
Law
The order or pattern of rules that society establishes to gov…
Right
Legal capacity to require another person to perform or refrai…
74 terms
Business Law L-201
Self-awareness... Active listening... Questi…
Secondary authorities
Statutes
Common Law
6 parts of the fromm 6?
statements about the law that come from unofficial commentato…
a written law passed by a legislative body
the part of English law that is derived from custom and judic…
Self-awareness... Active listening... Questi…
6 parts of the fromm 6?
Secondary authorities
statements about the law that come from unofficial commentato…
81 terms
LAW 201 Midterm #1
Three branches of government
Preemption
Federalism
Public Trust Doctrine
1. Legislative - creates laws... 2. Judicial - interpret laws... 3.…
supremacy clause of constitution; federal trumps state
The authority to govern is divided between two... sovereigns - S…
-principle that the sovereign holds in trust for public use s…
Three branches of government
1. Legislative - creates laws... 2. Judicial - interpret laws... 3.…
Preemption
supremacy clause of constitution; federal trumps state
92 terms
Business Law 201 Midterm
Law
Function of Law
Legal Sanctions
Law and Morals
A rule of civil conduct prescribed by the supreme power in a…
To maintain stability in the social, political, and economic…
Means by which the law enforces the decisions of the courts.
Different but overlapping; law provides sanctions, while mora…
Law
A rule of civil conduct prescribed by the supreme power in a…
Function of Law
To maintain stability in the social, political, and economic…
57 terms
Business Law 201 Mid-Term
Statutory Law
Common Law
Administrative Law
Independent Regulatory Agencies
- written laws... - usually enacted by legislative
-based on past cases ... - law developed by judges, courts, etc…
- Body of law that regulates the operation and procedures of…
- Deal with area of Administrative law: regulations or rulema…
Statutory Law
- written laws... - usually enacted by legislative
Common Law
-based on past cases ... - law developed by judges, courts, etc…
19 terms
L201 Nature of Law
Types of law
Constitutions
Treaties
Statutes
Constitutions, treaties, statutes, administrative regulations…
Created by legislature and ratified by super majority. Define…
Negotiated by President and approved by Congress
Laws passed by a legislative body. Written down. Federal stat…
Types of law
Constitutions, treaties, statutes, administrative regulations…
Constitutions
Created by legislature and ratified by super majority. Define…
41 terms
ACCT 201 Dr. Law
Account analysis
Activity base
Administrative costs
Committed fixed costs
A way to analyze cost behavior where an account is classified…
A measure of whatever causes the incurrence of a variable cos…
Costs from the big guys upstairs involving general management…
Fixed costs that are locked in because of previous management…
Account analysis
A way to analyze cost behavior where an account is classified…
Activity base
A measure of whatever causes the incurrence of a variable cos…
25 terms
Ch 11 Law 201
Solemnized marriage
Common law marriage
Premarital agreements
anti-heart balm statute
a marriage in which the couple has obtained the proper marria…
the couple has mutually agreed to enter into a relationship i…
document that prospective spouses sign prior to marriage rega…
prohibits lawsuits for such things as breach of a promise of…
Solemnized marriage
a marriage in which the couple has obtained the proper marria…
Common law marriage
the couple has mutually agreed to enter into a relationship i…
46 terms
chapter 8 Law 201
Uniform Commercial Code
Express contracts
Implied-in-fact contracts
informal
it governs commercial transactions and has been adopted by th…
formed through words either oral or written
formed through conduct ex: the man putting the 50 cents in ex…
most contracts are classified as
Uniform Commercial Code
it governs commercial transactions and has been adopted by th…
Express contracts
formed through words either oral or written
LAW 201 terms
Legal positivism
Natural law theory
Rule of law
Substantive Law
a law is a law because it was created in a particular way, an…
one has a legal and moral responsibility to obey just laws an…
everyone, regardless of political or social status, is subjec…
rules defining rights and obligations
Legal positivism
a law is a law because it was created in a particular way, an…
Natural law theory
one has a legal and moral responsibility to obey just laws an…
37 terms
Module 1 - LAW201
Example: Bill C-51
The Rule of Law
What must lawyers do for clients?
Confidentiality
Preventing terrorism but the Canadian Bar Association objects…
Law should govern a nation, as opposed to being governed by a…
Confidentiality, Loyalty and Competence
Allows free and honest communication... -Information must pass t…
Example: Bill C-51
Preventing terrorism but the Canadian Bar Association objects…
The Rule of Law
Law should govern a nation, as opposed to being governed by a…
32 terms
Law 201 CH 6
Constitutional Law
Federalism
McCulloch v. Maryland
Doctrine of implied powers
body of principles and rules either explicitly state in or in…
a system of government in which the authority to govern is sp…
Doctrine of Implied powers (national bank)
Powers that are not stated in the Constitution, but which are…
Constitutional Law
body of principles and rules either explicitly state in or in…
Federalism
a system of government in which the authority to govern is sp…
18 terms
LAWS201 Elements of Offences
S 9 Crimes Act
Actus reus/mens rea
Criminal liability
Actus reus
Every offence known to NZ criminal law must be created or def…
"An act does not make a person guilty unless the mind is guil…
Requires proof of 2 elements:... - Actus reus... - Mens rea... - Not f…
Physical element... - Prohibited act or omission... - Causation of…
S 9 Crimes Act
Every offence known to NZ criminal law must be created or def…
Actus reus/mens rea
"An act does not make a person guilty unless the mind is guil…
12 terms
Employment Law L201
Workers compensation allows employees…
3 defenses eliminated by worker's comp…
recoveries for workers liability
Work related injuries requirements
strict liability
1. contributory negligence... 2. assumption of risk... 3. fellow-se…
1. medical expenses... 2. disability benefits... 3. recoveries for…
1. arise out of employment... 2. happens in the course of employ…
Workers compensation allows employees…
strict liability
3 defenses eliminated by worker's comp…
1. contributory negligence... 2. assumption of risk... 3. fellow-se…
23 terms
Law 201 week 1
Legal Reasoning steps
Law and it's two types
Jurisprudence
Sources of domestic law
Identify facts... identify law... apply law to facts... conclusion
Natural Law: the basic rules we can apply to life. A philosop…
The study of different types of legal philosophy... legal positi…
Constitutions: Supreme law of the land, no other law can viol…
Legal Reasoning steps
Identify facts... identify law... apply law to facts... conclusion
Law and it's two types
Natural Law: the basic rules we can apply to life. A philosop…
184 terms
AAMI Law 201 Final Review
In addition to the District Court, Cir…
The Trial Level in the Federal Court S…
The authority found in the US Constitu…
The authority found in the US Constitu…
True
False
Implied Power
Express Power
In addition to the District Court, Cir…
True
The Trial Level in the Federal Court S…
False
56 terms
Law 201: Ch. 3
federal rules of civil procedure (FRCP)
stages of litigation
stages in a lawsuit
types of attorneys fees: fixed
what all civil trials in federal district courts are governed…
pretrial... trial... posttrial
accident, breach of contract, event... party consults with attor…
charged for performance of a specific service ... ex. drafting a…
federal rules of civil procedure (FRCP)
what all civil trials in federal district courts are governed…
stages of litigation
pretrial... trial... posttrial
39 terms
ComLaw 201 - Cases
No Offer or Acceptance... Clarke v Earl…
Intention... Harris v Nickerson (1873) L…
Offer... Interfoto Picture Library Ltd v…
Invitation to Treat (Intention)... Partr…
A court may be able to hold that there is a contract even tho…
A clear intention must be apparent from the circumstances of…
An offer can be inferred from conduct.
Invitation to treat - advertisements will most often be invit…
No Offer or Acceptance... Clarke v Earl…
A court may be able to hold that there is a contract even tho…
Intention... Harris v Nickerson (1873) L…
A clear intention must be apparent from the circumstances of…
83 terms
Chapter Two L-201 Introduction to Business Law
Alternative dispute resolution:
Jurisdiction:
Courts of limited jurisdiction:
Difference between state trial courts…
a collection of processes for resolving private disputes outs…
something a court must have if its decision in a case is to b…
minor criminal cases and civil disputes involving small amoun…
they are not governed by the subject-matter restrictions or t…
Alternative dispute resolution:
a collection of processes for resolving private disputes outs…
Jurisdiction:
something a court must have if its decision in a case is to b…
144 terms
Law 201 Midterm
Natural Law
Legal Positivists
Rule of Law
Substantive Law
laws that must conform to some basic principles of justice or…
They argue that laws do not need to be just or moral because…
Everyone is subject to the law. Also an over-arching legal pr…
rules defining rights and obligations. (Ex. stopping at red l…
Natural Law
laws that must conform to some basic principles of justice or…
Legal Positivists
They argue that laws do not need to be just or moral because…
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