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Study sets matching "society law american"

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Study sets matching "society law american"

24 terms
Free Speech (Law in American Society)
Defamation
Libel
Slander
Bethel School District v. Fraser, 1986
Written or spoken word about a person that is false and damag…
Written expression about a person that is false and damages t…
Spoken expression about a person that is false and damages th…
The use of vulgar speech was limited by the school. School ha…
Defamation
Written or spoken word about a person that is false and damag…
Libel
Written expression about a person that is false and damages t…
12 terms
Law and American Society
Limited gov.
separation of powers
federalism
checks and balances
constitution created a national gov. of limited powers,with a…
the lawmaking power has been divided among the three branches…
the division of power between the state & federal gov.
a system that was designed to prevent one branch from becomin…
Limited gov.
constitution created a national gov. of limited powers,with a…
separation of powers
the lawmaking power has been divided among the three branches…
8 terms
Law and American society terms
Tort
Plaintiff
Defendant
Liability
A wrong done to an individual
The one who was wronged
The alleged wrongdoer
To legal responsibility one bears for harm caused
Tort
A wrong done to an individual
Plaintiff
The one who was wronged
22 terms
American Law and Society
Magadini
Magna Carta
Wintrop v Lechmere
Phillips v Savage
2016
1215
1728
1733
Magadini
2016
Magna Carta
1215
20 terms
Law and American Society
First Degree Murder
Felony Murder
Second Degree Murder
Voluntary Manslaughter
Premeditated and deliberate; done with malice
Takes place during the commission of a crime
No Premeditation or deliberation; done with malice
Promoted by an action from the victim that would cause a reas…
First Degree Murder
Premeditated and deliberate; done with malice
Felony Murder
Takes place during the commission of a crime
22 terms
Law and American Society
Winthrop v Lichmere
Phill v Savage
Zenger Case
Genessee Chief Case
1727--challenge colonial law, want return of primogenitor, ap…
Another appeal of primogenitor (Mass)--this time, privy counc…
NY 1735 Will Cosby--Royal governor of NY, wants $ for Rip Van…
Law of admiralty changes to apply to oceans, rivers, and lakes
Winthrop v Lichmere
1727--challenge colonial law, want return of primogenitor, ap…
Phill v Savage
Another appeal of primogenitor (Mass)--this time, privy counc…
70 terms
Law in American Society
Legal Texts
internalists
Externalists
Competing Goals of Law
statutes, acts, constitutions, treatises, court decisions
law should be interpreted solely from legal texts
outside factors should be taken into consideration when inter…
Permeance, stability, and certainty: assume the Law can be re…
Legal Texts
statutes, acts, constitutions, treatises, court decisions
internalists
law should be interpreted solely from legal texts
83 terms
Law in American Society
Internalists
Externalists (Legal Realists)
Law
H.L.A. Hart
Believe that all we need to know about the law can be determi…
Believe you can't fully understand the law unless external fa…
A set of rules made and enforced by the government that apply…
Believes that the law is a law and must be obeyed regardless…
Internalists
Believe that all we need to know about the law can be determi…
Externalists (Legal Realists)
Believe you can't fully understand the law unless external fa…
21 terms
Law and American Society
Public Law
Private Law
Contracts
An Offer
rights of society as a whole; interests handled by the govern…
Involves matters between individuals; types: contracts, torts…
the exchange of promises voluntarily made by parties; five es…
first essential to a contract; a proposal from an offeror to…
Public Law
rights of society as a whole; interests handled by the govern…
Private Law
Involves matters between individuals; types: contracts, torts…
76 terms
Law in American Society
Strict Scrutiny
Compelling Interest
Narrow Tailoring
Intermediate Scrutiny
- Favors the individual... - Requires the government to show th…
a govt interest of the highest order, an interest the govt is…
the legal principle that a law be written to specifically ful…
Requires the government to show:... 1. Significant / Important I…
Strict Scrutiny
- Favors the individual... - Requires the government to show th…
Compelling Interest
a govt interest of the highest order, an interest the govt is…
29 terms
law and american society
Homicide
Criminal homicide
First degree murder
Second degree murder
the deliberate and unlawful killing of one person by another…
murder, capital murder, manslaughter, or criminally negligent…
any intentional murder that is willful and premeditated with…
which is a premeditated, intentional killing or results from…
Homicide
the deliberate and unlawful killing of one person by another…
Criminal homicide
murder, capital murder, manslaughter, or criminally negligent…
74 terms
Law in American Society
Marbury v. Madison
Schenk v. US
Clear and present danger
Mapp v. Ohio
Judicial review, precedent
Clear and present danger, 1st
The government can restrict a persons liberty during war
Exclusionary rule, 4th
Marbury v. Madison
Judicial review, precedent
Schenk v. US
Clear and present danger, 1st
84 terms
Law and American Society Midterm
Public law
Private law
Constitution
Procedural Due Process
Protects rights of society, represented by gov. agencies
Between indivduals
Written in broad and vague language
Process/notice/oppurtunity to be heard/imparticial tribunal
Public law
Protects rights of society, represented by gov. agencies
Private law
Between indivduals
37 terms
Law and American Society Final
Plessy Vs Ferguson
Civil Liberties Act 1988
Brown 1
Brown 2
established seperate but equal; "Jim Crow laws"
Apology and restitution for Japanese-Americans treated poorly…
determines segregation in public education is unconstitutional
desegregate w/ all deliberate speed
Plessy Vs Ferguson
established seperate but equal; "Jim Crow laws"
Civil Liberties Act 1988
Apology and restitution for Japanese-Americans treated poorly…
37 terms
LAW& AMERICAN SOCIETY MIDTERM
Affirmed
Appellant
Appellee
Article One of the Constitution
...
...
...
...
Affirmed
...
Appellant
...
24 terms
Law in American Society: Civil Law
Tort
Intentional Wrong
Strict Liability
Negligence
A civil wrongdoing
intentionally acting in order to injure
engaging in an activity with serious risk of harm
unintentional tort, person does not use reasonable care
Tort
A civil wrongdoing
Intentional Wrong
intentionally acting in order to injure
95 terms
Law and American Society Mid Term
Affirmed
Appellant
Article 1 of the Constitution
Burden of Proof
In the practice of the court of appeals, it means that the co…
The losing party in a court case who appeals the case to an a…
Make up of the senate and congress and makes laws
the obligation in a legal case to prove allegations by presen…
Affirmed
In the practice of the court of appeals, it means that the co…
Appellant
The losing party in a court case who appeals the case to an a…
12 terms
Law & American society: Contracts & American law
Offer
Acceptance
Consideration
Offeree
A legally binding serious proposal
Accepting that proposal
Something of value given for something else of value
Offers the contract
Offer
A legally binding serious proposal
Acceptance
Accepting that proposal
59 terms
Law in American Society Unit 1
Criminal laws
Felonies
Misdemeanors
Civil laws
regulate public conduct and set out duties owed to society
penalty is a term of more than one year in prison
the penalty is a prison term of one year or less
regulate relations between individuals or groups of individuals
Criminal laws
regulate public conduct and set out duties owed to society
Felonies
penalty is a term of more than one year in prison
35 terms
Law & American society: torts and American law
Tort
Plaintiff
Defendant
Judgement
When a person commits a wrong in civil law, rules that govern…
The person harmed in a tort case
Is the wrongdoer in a tort case
The verdict in a tort case
Tort
When a person commits a wrong in civil law, rules that govern…
Plaintiff
The person harmed in a tort case
23 terms
Law and American Society Chapter 8
Pleadings
Discovery
Trial
Service of Process
Consist of initial documents filed with the court that set fo…
Allows each party to find out more info about the opponent's…
Final stage of the litigation process, where evidence is pres…
Requires that a defendant be notified of any legal proceeding…
Pleadings
Consist of initial documents filed with the court that set fo…
Discovery
Allows each party to find out more info about the opponent's…
14 terms
Unit 1- Law and American Society
Judicial Branch
Bill
House of Representatives
Senate
Includes criminal and civil courts
a draft of a proposed law presented to parliament for discuss…
The lower house of the US congress.... 435 are elected
Any of various legislative or governing bodies, in particular
Judicial Branch
Includes criminal and civil courts
Bill
a draft of a proposed law presented to parliament for discuss…
23 terms
Law and American Society Chapter 8
Pleadings
Discovery
Trial
Service of Process
Consist of initial documents filed with the court that set fo…
Allows each party to find out more info about the opponent's…
Final stage of the litigation process, where evidence is pres…
Requires that a defendant be notified of any legal proceeding…
Pleadings
Consist of initial documents filed with the court that set fo…
Discovery
Allows each party to find out more info about the opponent's…
17 terms
LAW AND AMERICAN SOCIETY EXAM 3
What are the themes of Justice Blackmun?
What is the Fair Labor Standards Act 1…
What happened in the case National lea…
Which case then overruled National lea…
• The politics of getting to the Supreme Court... • The role of…
Employers engaged in interstate commerce are required to pay…
Rejects 1974 amendments to FLSA extending minimum wage/ maxim…
Garcia V SAMTA (San Antonio Metropolitan Transport Authority)…
What are the themes of Justice Blackmun?
• The politics of getting to the Supreme Court... • The role of…
What is the Fair Labor Standards Act 1…
Employers engaged in interstate commerce are required to pay…
15 terms
Law and American Society Chapter 10
Assumption of the Risk
Charitable Immunity
Diplomatic Immunity
Diplomatic Relations Act
A defense to a negligent action asserting that when the plain…
The idea that charitable organizations are immune from claims…
A foreign dignitary is afforded immunity from suit or crimina…
Any action or proceeding brought against an individual who is…
Assumption of the Risk
A defense to a negligent action asserting that when the plain…
Charitable Immunity
The idea that charitable organizations are immune from claims…
65 terms
Law and American Society Midterm Review
Administrative Agencies
Enabling Act
Substantive Due Process
Procedural Due Process
are set up to deal with specialize issues. These agencies are…
this brings the agency into life. This determines the structu…
Looking at the statue that's called into question. Test to se…
guarantees that before a person's rights are taken he/she mus…
Administrative Agencies
are set up to deal with specialize issues. These agencies are…
Enabling Act
this brings the agency into life. This determines the structu…
73 terms
Islamic Law and American Society Midterm
Shari'ah vs Figh
Usul al-figh
Siyasah
Madhhab
shari'ah is the law in the divine mind. Figh is the human int…
the methodology of figh. What we been doing so far. The scien…
state owned discretion. State owned maslahah/istihsan. Doesn'…
schools of law. 4 schools. Hanafi, Maliki, Shafi'i, Hanbali
Shari'ah vs Figh
shari'ah is the law in the divine mind. Figh is the human int…
Usul al-figh
the methodology of figh. What we been doing so far. The scien…
65 terms
midterm terms law and american society
affirmed
appellant
Appellee
caption
the appellate court determines that the lower court reached t…
person who appeals the lower courts decision
party against whom the appeal is filed
part of a case that identifies the parties to the lawsuit
affirmed
the appellate court determines that the lower court reached t…
appellant
person who appeals the lower courts decision
25 terms
Law & American Society: Torts Exam
Settlement
Plaintiff
Defendant
Tort
In civil law, the injured party is often provided with a ____…
A _________ is the injured party in a lawsuit.
The alleged wrongdoer in a civil lawsuit is the _______.
An unreasonable behavior that violates a person's duty to oth…
Settlement
In civil law, the injured party is often provided with a ____…
Plaintiff
A _________ is the injured party in a lawsuit.
57 terms
Final Exam Law and American Society
racism
Diversity
Dred Scott case
Miscegenation Laws
a belief that racial differences are an inherent superiority…
Coming together while still maintaining distinct characterist…
A Black man has no rights that a White man is bound to respec…
Interracial married couples-felony- in some state constitutions
racism
a belief that racial differences are an inherent superiority…
Diversity
Coming together while still maintaining distinct characterist…
18 terms
Law and American Society Cases 2
Dred Scott v. Sanford 1857
Bradwell v. Illinois 1872
Plessy v. Ferguson 1896
Grovery v. Townsend 1935
the slave (dred scott) was taken into a free state he wanted…
Wives are property of their husbands ... Common law principle of…
Jim Crow ... 14th amendment was already enacted ... no state can de…
texas could prevent blacks from voting in a primary election.…
Dred Scott v. Sanford 1857
the slave (dred scott) was taken into a free state he wanted…
Bradwell v. Illinois 1872
Wives are property of their husbands ... Common law principle of…
64 terms
Law in American Society: Multiple choice
Rehabilitation Act and ADA
Civil law
Civil Cases
Preponderance of the evidence
In Maddox v. Tennessee, Maddox claimed the termination was di…
The law relating to rights and obligations of parties
These cases typically involve private parties suing for money
Standard of proof for civil cases is....
Rehabilitation Act and ADA
In Maddox v. Tennessee, Maddox claimed the termination was di…
Civil law
The law relating to rights and obligations of parties
law and american society chapter five consumer law
fraud
elements of fraud
Federal Trades Comission
silence
deception deliberately used
material representation, misrepresentation was intentional, r…
Nations consumer protection agency
Form of fraud, where the first party does not disclose imp. i…
fraud
deception deliberately used
elements of fraud
material representation, misrepresentation was intentional, r…
20 terms
LAW AMERICAN SOCIETY (UNIT ONE STUDY GUIDE)
Crime
Felony (Murder, Robbery)
Misdemeanor (Less serious crimes)
Civil Action/Tort
An action or omission that constitutes an offense that may be…
Is a term of more than one year in prison
Is a term of one year or less
A Civil wrong, it can be both Civil wrong and a Crime.... - Who…
Crime
An action or omission that constitutes an offense that may be…
Felony (Murder, Robbery)
Is a term of more than one year in prison
82 terms
Law and American Society Final Exam Review
By a Preponderance of the Evidence
Compensatory Damages
Nominal Damages
Punitive Damages
Burden of Proof
money to return the victim to his/her original state if the i…
Usually a small amount of money (1-2 dollars). Just proves th…
Money to deter future wrongdoers. This is where a lot of mone…
By a Preponderance of the Evidence
Burden of Proof
Compensatory Damages
money to return the victim to his/her original state if the i…
50 terms
Law and American Society Chapter Four: Criminal Law and Procedure
Arraignment
Burglary
Co-Felons Rule
Crime
- Past the Preliminary hearing, all the records and transcrip…
A person is guilty of the crime if he enters a building or oc…
If more than one person commits a crime, all participants can…
An offense against society as determined by the legislature o…
Arraignment
- Past the Preliminary hearing, all the records and transcrip…
Burglary
A person is guilty of the crime if he enters a building or oc…
19 terms
Law In American Society Unit 1 Test
Bills
Federalism
Statutes
Checks and balances
A proposal for a law
Relationship between the federal and state government; divisi…
An enactment made by a legislature that governs a state, city…
Separation of power among the three branches of government -…
Bills
A proposal for a law
Federalism
Relationship between the federal and state government; divisi…
26 terms
Law in American Society Unit 1 Test
limited government
Separation of power
Statutes
Checks and Balances
Is a fundamental nation in our constitution.
The division written laws enaded by legislatures.
Written laws enaded by legislatures
The power of each of the three branches of government; to lim…
limited government
Is a fundamental nation in our constitution.
Separation of power
The division written laws enaded by legislatures.
31 terms
Law and American Society Midterm - Chapter 1
Affirmed
Appellant
Appellee
Article One of the Constitution
When a decision is ------ The appellate court determines that…
Person who appeals the lower courts decision
Party against whom the appeal is filed
created the legislature
Affirmed
When a decision is ------ The appellate court determines that…
Appellant
Person who appeals the lower courts decision
44 terms
Law and American Society Midterm - Chapter 2
Administrative Agencies
Administrative Law
Articles of confederation
Assumption of the risk
governmental body charged with administering and implementing…
The body of law created by administrative agencies (in the fo…
First governing document of US - created a WEAK central gover…
Assumption of the risk
Administrative Agencies
governmental body charged with administering and implementing…
Administrative Law
The body of law created by administrative agencies (in the fo…
22 terms
Law and American Society Midterm: Chapter 1
Affirmed
Appellant
Appellee
Article One of the Constitution
All done right
One who appeals a court decision
Seeks affirmance of the lower court's decision
Created the legislative branch
Affirmed
All done right
Appellant
One who appeals a court decision
23 terms
Law and American Society Midterm: Chapter 2
Administrative Agencies
Administrative Law
Articles of Confederation
Assumption of the Risk
Governmental body charged with administering and implementing…
Congress has given up some of its power to agencies who regul…
The original Constitution of the US that was ratified in 1781
Plaintiff knows the danger but voluntarily exposes himself to…
Administrative Agencies
Governmental body charged with administering and implementing…
Administrative Law
Congress has given up some of its power to agencies who regul…
24 terms
Law and American Society Midterm - Chapter 3
Article One
Bill
Bill of Rights
Congress
...
...
the long list of your rights
House of reps and senate together
Article One
...
Bill
...
law and american society chapter six temple univeristy
fourteenth amendment
Dred Scott
fifteenth amendment
thirteenth amendment
called the most imp. amendment other than the bill of rights.…
decision sparked the civil war- Dred Scott fought that becaus…
gave all citizens the right to vote
abolished slavery
fourteenth amendment
called the most imp. amendment other than the bill of rights.…
Dred Scott
decision sparked the civil war- Dred Scott fought that becaus…
16 terms
Law and American Society Midterm: Due Process
Article One
Bill
Bill of Rights
Due Process
Creates legislative branch
A proposed law
Government acts fairly with members of society
Fair treatment through the normal judicial system pertaining…
Article One
Creates legislative branch
Bill
A proposed law
117 terms
American Law and Society Midterm Legal Terms
Acknowledgment
Acquit
Action
Actual Place of Business
The act of going before a qualified officer(e.g. Clerk) and d…
The act of freeing a person from the charge of an offense by…
A civil judicial proceeding whereby one party asserts a claim…
Any location that the defendant, through regular solicitation…
Acknowledgment
The act of going before a qualified officer(e.g. Clerk) and d…
Acquit
The act of freeing a person from the charge of an offense by…
12 terms
Law & American Society: lawyers and lawyering in America
ABA
LSAT
In-house lawyers
Law review
American Bar Association, was created in in the beginning of…
Law school admission test, it is a three section test: logica…
Lawyers that are on retainer for certain companies just in ca…
Is a honor for the only top 5% of students in law school. If…
ABA
American Bar Association, was created in in the beginning of…
LSAT
Law school admission test, it is a three section test: logica…
35 terms
Law in American Society Criminal Law Study Guide - Chapters 8 and 9
State of mind
Motive
Strict liability offenses
Elements of a crime
what you are thinking; most crimes require that the actor hav…
the reason a person commits a crime
the legal responsibility for damage or injury even if you are…
the conditions that make an act unlawful
State of mind
what you are thinking; most crimes require that the actor hav…
Motive
the reason a person commits a crime
18 terms
Law and society
judge
law
border
nationality
sędzia
prawo
granica
narodowość
judge
sędzia
law
prawo
35 terms
Law and Society
adversarial system
adversary
anarchy
bail
a legal system involving two opposing parties who present the…
an enemy; a challenger; a competitor
the breakdown of a society due to disorder as citizens ignore…
an accused person is released into the community while they a…
adversarial system
a legal system involving two opposing parties who present the…
adversary
an enemy; a challenger; a competitor
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