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47 Cards in this Set

  • Front
  • Back
Substantive Law
Creates/writes obligation
Public Law
Interaction With Society
Criminal Law
Part of public law, protect society against crime. "Prove beyond reasonable doubt"
Procedure
Rules that carry law out.
Private Law
Interaction between one another
Civil Law
Everything thats not private, just prove that most likely they did it. You can only get money no jail time.
Us Constitution
Supreme law of the land.
Common Law
System of precedent. Check previous cases for decisions on current cases, gives consistency and expectation to future cases.
Stare decisis
Stand by your decision
One state in US that doesn't follow common law
Louisiana
Statutory Law
Looks at common law and fills in or modifies or reinforces.
Administrative Law
Enforces Statutes by executive council administrative agencies.
Administrative Agencies
Agencies set up to enforce statues created by state or federal legislature. Ex, Federal Trade Commission.
Order of appeals:
1. Us District
2. Us Circuit of Appeals
3. US Supreme Court
4. Ends but keep Appealing to Supreme Court
Vermont 1st Tier of Courts
Superior
District
Probate
Family
Traffic
Environment
Small Claims
Second Tier of Vermont Court
Supreme Court
3rd Tier of Vermont Court
No 3rd level
Superior Court
For private individuals
District Court
Criminal cases
Probate Court
Wills and Estates.
Subject Matter Jurisdiction
Certain courts can hear certain things, ex traffic court.
Party Jurisdiction
Defendant(s) can be outside borders of a state and still be obligated to laws of state they are not in, (but broke laws in).MCGEE in LA
Other Party type Jurisdiction
In rem
quasi-in-rem.
Venue
Location usually changed to a place with less publicity to give more fair judgment without bias.
Rational Relation Ship Test
if effects "suspect class" use strict scrutiny, compelling reason for discrimination.
Eminent Domain
The power of the government to take private property for public use upon payment of fair compensation.
Two Elements of Crime
1. Mens Rea (form requisite criminal intent)
2. Actuss Reuss (did the crime)
Special about the crime of conspiracy?
doesn't use both elements of crime.
Robbery:
Larson with force or threat.
Burglary
Breaking/entering mixed with stealing or crime.
Larson
Trespatory taking of property with intent to deprive.
Embezzlement:
No trespassing, but still stealing.
Deadly force rule
Can't use deadly force to defend yourself unless deadly force has been used against you.
Retreat Rule
If you can retreat then you have to retreat except in home or work.
6th Amendment
Right to an Attorney
5th Amendment
Double Jeopardy/ don't have to testify against yourself.
4th Amendment
No random search or seizure.
Tort
Any civil wrong other then breach of contract. Intentional. Negligence. Strict Liability.
Intentional Tort
Looks like a crime, most likely person X did.
Assault
Fear
Battery
Contact
False detainment
wrongfully detained if you feel like you can't leave.
Defamation
Lie about someone and they suffer economic/ emotional damage.
Appropriation
Uses name likeness or persona without permission for economic gain.
Conversion
If stolen from you can get 3 x in cash.
Elements of Negligence
1. Duty (Responsibility for)
2. Breached reasonable standard of care.
3. Causation
4. Approximate Cause
5. Damage or Injury
Res Ipsa Loquitar
The thing thinks for its self