Study sets matching "law chapter 3"

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Study sets matching "law chapter 3"

Criminal Law Chapter 3
Mens Rea
General Intent
Specific Intent
Scienter
A state of mind that produces a crime.
The desire to commit a prohibited act but not the outcome of…
An intent to commit the exact crime charged or the precise ou…
Knowingly; with guilty knowledge.
Mens Rea
A state of mind that produces a crime.
General Intent
The desire to commit a prohibited act but not the outcome of…
31 terms
Law & Ethics - Chapter 3
What do you call laws enacted by state…
The President of the US exercises limi…
What do powers exclusive to the indivi…
What is true of criminal laws
statutes
executive orders
issuing licenses and regulating interstate
protect members of society from harmful acts of others, inclu…
What do you call laws enacted by state…
statutes
The President of the US exercises limi…
executive orders
61 terms
Chapter 3 (Pharm Law)
what are control substance schedules?
how many are their in this group/sched…
what year where these made?
what is the acronym for this act?
a list of levels numbered 1-5 from hardest drugs to least har…
5
1970
CSA (controlled substance act of 1970)
what are control substance schedules?
a list of levels numbered 1-5 from hardest drugs to least har…
how many are their in this group/sched…
5
14 terms
Criminal Law: Chapter 3 - Expanding the Concept of Crime
corpus delicti
corpus delicti rule
causation in fact
proximate cause
The facts that show that a crime has occurred. Literally, the…
(1) The body or essence of a criminal offense that proves tha…
An actual link between an actor's conduct and a result.
The primary or moving cause that plays a substantial part in…
corpus delicti
The facts that show that a crime has occurred. Literally, the…
corpus delicti rule
(1) The body or essence of a criminal offense that proves tha…
18 terms
Business Law (Chapter 3)
Jurisdiction
Limited Jurisdiction
General Jurisdiction
Appellate Jurisdiction
The auhtority of a court to hear a case
These state courts hear matters of specialized or limited nat…
These state courts hear cases of a general nature that are no…
These state courts hear appeals form state trial courts. They…
Jurisdiction
The auhtority of a court to hear a case
Limited Jurisdiction
These state courts hear matters of specialized or limited nat…
32 terms
Hospitality Law Chapter 3
Organizational Structure
Operating Structure
Sole Proprietorship
General Partnership
The legal entity that owns a business (represents the relatio…
The relationship between a business's ownership and its manag…
A business organization in which one person owns and often op…
A business organization in which two or more owners agree to…
Organizational Structure
The legal entity that owns a business (represents the relatio…
Operating Structure
The relationship between a business's ownership and its manag…
37 terms
Scheb & Scheb - Criminal Law: Chapter 3 - Constitutional Prohibitions
bill of attainder
clear and present danger doctrine
compelling government interest
constitutional right of privacy
A legislative act imposing punishment without trial upon pers…
In constitutional law, the doctrine that the First Amendment…
A government interest sufficiently strong that it overrides t…
Implied constitutional right allowing people to be free of go…
bill of attainder
A legislative act imposing punishment without trial upon pers…
clear and present danger doctrine
In constitutional law, the doctrine that the First Amendment…
92 terms
Business Law Chapter 3
Jurisdiction
Trial courts or trial of original juri…
Courts of Appellate Jurisdiction (Appe…
Trial Courts v Appellate Courts: what…
court's power to hear cases and render decisions that bind th…
have power to hear and decide cases when they first enter the…
power to review previous judicial decisions to determine whet…
Trial: fact of law... Appellate: questions of law
Jurisdiction
court's power to hear cases and render decisions that bind th…
Trial courts or trial of original juri…
have power to hear and decide cases when they first enter the…
Chapter 3- Dental Ethics and the Law
What is the term for withdrawing from…
In the dental field, ethical behavior…
What expresses the concept that the de…
What principle means that the dental t…
Abandonment
the American Dental Association Principle of Ethics.
Autonomy
Nonmaleficence
What is the term for withdrawing from…
Abandonment
In the dental field, ethical behavior…
the American Dental Association Principle of Ethics.
Business Law Chapter 3
Alternative Dispute Resolution (ADR)
Answer
Arbitration
Arbitration Clause
The resolution of disputes in ways other than those involved…
Procedurally, a defendant's response to the plaintiff's compl…
The settling of a dispute by submitting it to a disinterested…
A clause in a contract that provides that, in the event of a…
Alternative Dispute Resolution (ADR)
The resolution of disputes in ways other than those involved…
Answer
Procedurally, a defendant's response to the plaintiff's compl…
14 terms
Chapter 3 Business Law
Public Policy-Health, Safety, Welfare,…
Drug Use
Alcohol
Drugs
Doctrine that gives fed./state government the right to regula…
The use of substances that are illegal and harmful substances…
most commonly used drug in the U.S
Chemicals that alter that mind and or body: Sentencing based…
Public Policy-Health, Safety, Welfare,…
Doctrine that gives fed./state government the right to regula…
Drug Use
The use of substances that are illegal and harmful substances…
Business Law - Chapter 3
FRCP (Federal Rules of Civil Procedure)
Pleadings
Complaint
Service of processes
Rules controlling procedural matters in civil trials brought…
Statements by the plaintiff and defendant in a lawsuit that d…
Pleading by plaintiff alleging wrongdoing on the part of the…
Formally notifying the defendant of a lawsuit
FRCP (Federal Rules of Civil Procedure)
Rules controlling procedural matters in civil trials brought…
Pleadings
Statements by the plaintiff and defendant in a lawsuit that d…
16 terms
Law and Morality chapter 3
Jesus
Canon Law
Natural Law
Law
The fundamental basic norm of Christian morality.
Official body of laws that regulates how the Catholic Church…
God's eternal and divine law.
An ordinance of reason for the common Good, given by people i…
Jesus
The fundamental basic norm of Christian morality.
Canon Law
Official body of laws that regulates how the Catholic Church…
Chapter 3 Business Law
Negotiation
Mini-Trial
Early Neutral Case Evaluation
Facilitation
A process in which the parties attempt to settle their disput…
A private proceeding in which each party's attorney briefly a…
The parties select a neutral third party to evaluate their re…
A third party assists disputing parties in reconciling their…
Negotiation
A process in which the parties attempt to settle their disput…
Mini-Trial
A private proceeding in which each party's attorney briefly a…
Family Law - Chapter 3
Article 86 - Marriage
Engagement Contract
Article 87 - Contract of Marriage Requ…
Article 88 - Impediment of existing ma…
Marriage is a legal relationship between two people that is c…
An engagement, or contract with another to enter into marriag…
The absence of legal impediment; a marriage ceremony; the fre…
A married person may not contract another marriage. A bigamou…
Article 86 - Marriage
Marriage is a legal relationship between two people that is c…
Engagement Contract
An engagement, or contract with another to enter into marriag…
40 terms
Business Law Chapter 3
Federal Rules of Civil Procedure (FRCP)
3 Phrases of litigation process
Type of Attorneys' Fees
Pleadings
The rules controlling procedural matters in civil trials brou…
1) Pretrial... 2) Trial... 3) Posttrial
1) Fixed fees may be charged for the performance of such serv…
Statements made by the plaintiff and the defendant in a lawsu…
Federal Rules of Civil Procedure (FRCP)
The rules controlling procedural matters in civil trials brou…
3 Phrases of litigation process
1) Pretrial... 2) Trial... 3) Posttrial
Chapter 3-- Crime Law
Advocacy
Lobbying
(voters)Referendum
Initiative
the art of persuading others
way to influence the lawmaking process by convicting lawmaker…
(Vote yes or no) occurs when a legislative act is referred to…
(Petition)a procedure that enables a specified number of vote…
Advocacy
the art of persuading others
Lobbying
way to influence the lawmaking process by convicting lawmaker…
11 terms
Communication Law - Chapter 3
Traditional Public Forum
Symbolic Speech
The Tinker Test
Compatible Use Doctrine
Refers to public property that is open for expression and ass…
Speech is more than just words. Actions or symbols can also b…
Schools cannot restrict symbolic speech unless it causes a su…
Allows restriction of speech when "the manner of expression i…
Traditional Public Forum
Refers to public property that is open for expression and ass…
Symbolic Speech
Speech is more than just words. Actions or symbols can also b…
16 terms
Law and Society Chapter 3
Bill of Rights
Congress
Concurrent Resolution
House of Representatives
the first 10 amendments
Make Laws (House of Representatives and Senate)
Informal pronouncement by Congress that does not have the eff…
435 members, elected every 2 years from the 50 states based o…
Bill of Rights
the first 10 amendments
Congress
Make Laws (House of Representatives and Senate)
LAW 3220 CHAPTER 3
Adversary System of Justice
Pleading
Complaint
Service of Process
A legal system in which the parties to a dispute present thei…
Statement of the plaintiff and the defendant that detail thei…
The initial pleading by the plaintiff in a civil action that…
In the pleadings stage, the delivery of the complaint to the…
Adversary System of Justice
A legal system in which the parties to a dispute present thei…
Pleading
Statement of the plaintiff and the defendant that detail thei…
Business Law Chapter 3
Electronically Stored Information (ESI)
Courts
Federal Court System
Jurisdiction
Computerized evidence.
Judicial tribunals that meet in a regular place and apply the…
Authorized by Article III of the U.S. Constitution, which sta…
Authority of a court to hear and decide cases.
Electronically Stored Information (ESI)
Computerized evidence.
Courts
Judicial tribunals that meet in a regular place and apply the…
Contract Law: Chapter 3
Acceptance
Counteroffer
Mirror Image Rule
Undisclosed Principal
Manifestation of assent in the manner requested or authorized…
A variance in the terms of the offer that constitutes a rejec…
To be valid, the acceptance must correspond exactly to the te…
Person, represented by an agent, who is party to a contract b…
Acceptance
Manifestation of assent in the manner requested or authorized…
Counteroffer
A variance in the terms of the offer that constitutes a rejec…
31 terms
Business Law Chapter 3
Litigation
Pleadings
Plaintiff
Complaint
process of bringing, maintaining, and defending a lawsuit
paperwork filed with the court to initiate and respond to a l…
party who files a complaint
document a plaintiff files with the court and serves on the d…
Litigation
process of bringing, maintaining, and defending a lawsuit
Pleadings
paperwork filed with the court to initiate and respond to a l…
Criminal Law Chapter 3
Harm or likely harm, Actus Reus, Mens…
Criminal possession between involves p…
Actual possession means the object has…
2. What are the components of a crime? Define each
8. How is the crime of possession different from most crimes?…
10. What is the difference between actual and constructive po…
Harm or likely harm, Actus Reus, Mens…
2. What are the components of a crime? Define each
Criminal possession between involves p…
8. How is the crime of possession different from most crimes?…
Chapter 3 Business Law
District Courts
Courts of Appeals
The Supreme Court
Special Courts
trail courts of general jurisdiction that hear and decide mos…
hear appeals from the district courts and review orders of ce…
the nation's highest court, whose principal function is to re…
have jurisdiction ever cases un a particular area of federal…
District Courts
trail courts of general jurisdiction that hear and decide mos…
Courts of Appeals
hear appeals from the district courts and review orders of ce…
11 terms
Law: Chapter 3
Alternative Dispute Resolution
Arbitration
American Arbitration Association (AAA)
Court Annexed Arbitration
Settling the problem outside of court
-Agreement in contract... -Agrees to be bound by a third parties…
Provides unbiased arbitrator
Court forced arbitration
Alternative Dispute Resolution
Settling the problem outside of court
Arbitration
-Agreement in contract... -Agrees to be bound by a third parties…
22 terms
Business and Personal Law Chapter 3
Tort
Tortfeasor
Intentional Tort
Most Common Intentional Torts against…
A private wrong committed by one person against another's per…
A party who has committed a tort.
An act that is intended to hurt, embarrass or scare another p…
1. assault and battery, 2. defamation, 3. intentionally infli…
Tort
A private wrong committed by one person against another's per…
Tortfeasor
A party who has committed a tort.
17 terms
media law chapter 3
Clear & Present Danger (CPD)
Alien & Sedition Act of 1798
Espionage Act 1917
Sedition Act 1918
speech can be punished if it presents a clear and present dan…
forbade false scandalous & malicious publications (country st…
forbade willfully-conveyed false reports about WWI
forbade people from getting in the way of recruitment (WWI)
Clear & Present Danger (CPD)
speech can be punished if it presents a clear and present dan…
Alien & Sedition Act of 1798
forbade false scandalous & malicious publications (country st…
Law & Ethics for the Health Professions Chapter 3
Accreditation
Allopathic
Associate practice
Certification
Official authorization or approval for conforming to a specif…
Means "different suffering" and refers to the medical philoso…
A medical management system in which two or more physicians s…
A voluntary credentialing process whereby applicants who meet…
Accreditation
Official authorization or approval for conforming to a specif…
Allopathic
Means "different suffering" and refers to the medical philoso…
55 terms
Business law Chapter 3
Tort
Tortfeasor
Possession of certain rights by an inn…
Innocent party or the plaintiff
is a private wrong committed by one person against another
a person who commits a tort, interferes with another person's…
What are the three elements of a tort?
Other names for a victim
Tort
is a private wrong committed by one person against another
Tortfeasor
a person who commits a tort, interferes with another person's…
27 terms
ELDER LAW CHAPTER 3
adjudication
UGPPA
alleged incompetent person
respondent
judicial review and determination
Uniform Guardianship and Protective Proceedings Act
(AIP) person for whom guardianship is proposed
person being sued or responding to law suit
adjudication
judicial review and determination
UGPPA
Uniform Guardianship and Protective Proceedings Act
Intro to Law Chapter 3
Courts
Plaintiff
Defendant
Appeal
governmental body that administers justice by applying laws t…
the person in trial trying to recover money damages or other…
-civil case: person from whom money is sought... -criminal case:…
formal request to a higher court to review the action of the…
Courts
governmental body that administers justice by applying laws t…
Plaintiff
the person in trial trying to recover money damages or other…
Chapter 3- Criminal Law
crime
tort
treason
felony
an offense against the public at large punishable by the offi…
a private wrong that injures another person's physical well-b…
the levying of war against the United States, or the giving o…
a crime punishable by death or imprisonment in a federal or s…
crime
an offense against the public at large punishable by the offi…
tort
a private wrong that injures another person's physical well-b…
17 terms
Law & Ethics Chapter 3
Medical practice acts
Examination
Endorsement
Reciprocity
statutes that govern the practice of medicine in each state;…
one means by which a medical board may grant licensure; each…
one means by which a medical board may grant licensure; an ap…
one means by which a medical board may grant licensure; coope…
Medical practice acts
statutes that govern the practice of medicine in each state;…
Examination
one means by which a medical board may grant licensure; each…
28 terms
Business Law Chapter 3
Domestic Violence
Hate Crime
Felonies
Burglary
A reckless form of physical or mental abuse between family or…
The use of symbols, writings, pictures, or spoken words to ca…
Major crimes punishable by imprisonment or death
Breaking and entering a dwelling place to commit a felony
Domestic Violence
A reckless form of physical or mental abuse between family or…
Hate Crime
The use of symbols, writings, pictures, or spoken words to ca…
12 terms
Business Law 3350: Chapter 3
save time and money
charge a fee
for opponents to work out a resolution…
makes a decision on the dispute
Alternative dispute resolution is often preferred to the trad…
Among the disadvantages of mediation are that the mediator is…
Part of the popularity of mediation is that it's goal, unlike…
Arbitration differs from other forms of ADR in that the arbit…
save time and money
Alternative dispute resolution is often preferred to the trad…
charge a fee
Among the disadvantages of mediation are that the mediator is…
19 terms
Chapter 3 Business Law
appellate brief
appellate court
arbitrator
associate circuit courts
written argument on the issues of law by opposing attorneys
reviews decisions of lower courts to determine if a significa…
independent third party who develops a binding and enforceabl…
court that hears minor criminal cases, state traffic offenses…
appellate brief
written argument on the issues of law by opposing attorneys
appellate court
reviews decisions of lower courts to determine if a significa…
9 terms
Chapter 3-The Law in the Workplace
discrimination
equal employment opportunity act
EOE
Equal Pay Act
unfairly treating a person or group of people differently
a law that makes it illegal for an employer to discriminate b…
Equal Opportunity Employer
Law that prohibits unequal pay for men and women who are doin…
discrimination
unfairly treating a person or group of people differently
equal employment opportunity act
a law that makes it illegal for an employer to discriminate b…
29 terms
MEDTECH Law and Ethics Ch 3
tort
fiduciary
indictment
misdemeanor
a private wrong or injury
holding or held in trust
a written accusation issued by the grand jury charging a part…
an offense punished by a fine or sentence to a local prison f…
tort
a private wrong or injury
fiduciary
holding or held in trust
Law for Business Chapter 3 & 4
tort
negligence
tortfeasor
contributory negligence
private wrong for which damages may be recovered
Failure to exercise reasonable care
a person whose action causes tort (injury)
negligence of the injured party (contribution to the injury)
tort
private wrong for which damages may be recovered
negligence
Failure to exercise reasonable care
11 terms
Comm Law Chapter 3
Tinker v. Des Moines School District,…
Hazelwood School District v. Kuhlmeier…
Kincaid v. Gibson, 236 F 3d 342 (6th C…
Hosty v. Carter, 412 F. 3d 731 (7th Ci…
Wore armbands to school protesting Vietnam War... (7-2 Ruling)…
Administration cut out two pages containing stories about tee…
College publications... Yearbooks were locked away due to unwan…
College publications... Admins wanted prior review and approval…
Tinker v. Des Moines School District,…
Wore armbands to school protesting Vietnam War... (7-2 Ruling)…
Hazelwood School District v. Kuhlmeier…
Administration cut out two pages containing stories about tee…
32 terms
Business Law Chapter 3
Jurisdiction
Long arm statute
Injunction
Small claims court
The authority of the court to hear and decide a specific acti…
A state statute that permits a state to exercise jurisdiction…
A court decree ordering a person to do or refrain from doing…
A special court in which parties litigate small claims (usual…
Jurisdiction
The authority of the court to hear and decide a specific acti…
Long arm statute
A state statute that permits a state to exercise jurisdiction…
Employment Law - Chapter 3 Discrimination
What is discrimination?
What are the protected classes? (or so…
Who must comply with the discriminatio…
who is covered?
discrimination is the limitation or denial of employment oppo…
- Tittle VII (color, race, religion, sex, national origin)... -A…
1. employers engaged in interstate commerce ... 2. If companies…
1. Public and private employees of all levels and types of em…
What is discrimination?
discrimination is the limitation or denial of employment oppo…
What are the protected classes? (or so…
- Tittle VII (color, race, religion, sex, national origin)... -A…
10 terms
Business Law (Chapter 3)
Felony
Misdemeanor
Criminal Act (Element of a Crime)
Required State of Mind (Element of a C…
a major crime punishable by imprisonment or death.... - More tha…
less serious with less severe penalty.... - Fine or brief impris…
a forbidden act defined by the state "guilty act".
criminal intent "guilty mind".
Felony
a major crime punishable by imprisonment or death.... - More tha…
Misdemeanor
less serious with less severe penalty.... - Fine or brief impris…
Business Law Chapter 3
Affidavit
Affirmative Defense
Answer
Brief
A written or printed voluntary statement of facts, confirmed…
A response to a plaintiff's claim that does not deny the plai…
Procedurally, a defendant's response to the plaintiff's compl…
A formal legal document submitted by the attorney for the app…
Affidavit
A written or printed voluntary statement of facts, confirmed…
Affirmative Defense
A response to a plaintiff's claim that does not deny the plai…
51 terms
Business Law Chapter 3
Judicial Review
Jurisdicition
Long Arm Statute
Probate Court
Process by which a court decides on the constitutionality of…
The authority of a court to hear and decide a specific case
a state statute that permits a state to obtain personal juris…
A state court of limited jurisdiction that conducts proceedin…
Judicial Review
Process by which a court decides on the constitutionality of…
Jurisdicition
The authority of a court to hear and decide a specific case
33 terms
B Law Chapter 3
pleadings, discovery, pre-trial motion…
complaint (missouri: petition
default judgement
counter claim
6 stages of a lawsuit
initiates the lawsuit; attempts to state one or more causes o…
failure to file responsive motion or answer, so the defendant…
cause of action against the plaintiff by the defendant which…
pleadings, discovery, pre-trial motion…
6 stages of a lawsuit
complaint (missouri: petition
initiates the lawsuit; attempts to state one or more causes o…
13 terms
Business Law - Chapter 3
Declaration of Independence
Articles of Confederation
Bill of Rights
civil rights
document drafted by representatives of the 13 original coloni…
loose form of charter for common government adopted by the 13…
first 10 amendments to the U.S. Constitution
personal, human rights recognized & guaranteed by the U.S. Co…
Declaration of Independence
document drafted by representatives of the 13 original coloni…
Articles of Confederation
loose form of charter for common government adopted by the 13…
48 terms
Business and Personal Law - Chapter 3
Tort
Tortfeasor
Compensate
Intentional torts
a private wrong committed by one person against another
a person who commits a tort
to make up for a loss
actions that deliberately hurt, embarrass, or scare people
Tort
a private wrong committed by one person against another
Tortfeasor
a person who commits a tort
Family Law Chapter 3
Divorce Act
Place of commencing a divorce
Grounds for divorce
Separation
governed by the Divorce Act; federal legislation
can be done in any province where the spouse has been residin…
breakdown of marriage which can be determined by separation f…
parties must be living apart at the time of the proceeding fo…
Divorce Act
governed by the Divorce Act; federal legislation
Place of commencing a divorce
can be done in any province where the spouse has been residin…
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