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117 Cards in this Set
- Front
- Back
_______ law is enacted to govern the relationships between two individual parties and does not normally involve the government
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Civil law
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In a civil procedure, who starts the process and brings the case to court?
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Individuals or Plaintiffs
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In a criminal procedure, who brings the case to court?
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The government, for offenses against the public
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What are the four advantages of going to court to settle a civil case?
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1. Precedent: a long history of fair and consistent rules
2. Outcomes are final, binding, and enforceable 3.Allows for decisions to be appealed (renegotiation/reversal) 4. Procedural safeguards (trial procedures) |
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What are the four disadvantages of going to court to settle a civil case?
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1. Expensive (no public defenders are provided)
2.Judges may lack expertise 3.Time delay due to court schedule overload 4.Court decisions are win/lose situations with no negotiation |
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What are the 4 types of ADR (Alternative Dispute Resolution)
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1. Arbitration
2. Mediation 3. Conciliation 4. Negotiation |
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True/False: In Mediation, both parties are bound by whatever the mediator's decision is.
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False
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What is the main advantage of mediation?
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The final decision rests in the hands of both parties, they are not bound by a decision
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What is binding arbitration?
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A dispute settled by a 3rd party in which the dispute is legally enforceable and final.
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True/false: You can appeal the decision of an arbitrator.
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False
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Give 2 examples of binding arbitration that we discussed in class
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1. Courtroom T.V.
2. Baseball arbitration |
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What is the intent of non-binding arbitration?
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Negotiation
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What is the intent of binding arbitration?
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Resolution (of the case)
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What is conciliation?
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A process where both parties to a dispute agree to use a 3rd party called a “conciliator” who meets with the parties separately (goes back and for the between parties) to resolve a disp
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True/false: A conciliator has the authority to call witnesses, bring forth evidence, and write a final decision
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False: conciliator is only there to try to get both parties to negotiate
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What is negotiation?
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Each party appoints a spokesperson to represent him or her in the reconciliation process
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What is a plaintiff?
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The party that accuses a person of a crime
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What is a defendant?
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– a person who is accused of a crime
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In which theory of contract law did parties have to exchange things of equal value?
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Equity Theory
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Which theory of contract law focused on whether each party exercised free will in entering into the contract regardless whether the terms of the contract were fair?
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Will Theory
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Which theory of contract law concentrated on the form or structure of the agreement?
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Formalist Theory
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What do we call any agreement enforceable by law?
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A contract
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What six elements must a contract have to be legally binding?
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Offer, Acceptance, Genuine Agreement, Consideration, Capacity, Legality
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An agreement that is not legally binding
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A Void contract
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A valid contract in which a party to the contract is able to void or cancel the contract legally.
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Voidable Contract
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A contract that the courts will not uphold or enforce, usually because it violates some law
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Unenforceable Contract
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A restriction on the time period that a person can file a lawsuit.
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Statute of Limitations
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A contract that is stated in words.
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Express Contract
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A contract that comes about from the actions of the parties often without a written oral agreement.
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Implied Contract
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An agreement that contains 2 promises (one from each party)
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Bilateral Contract
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A contract that contains a promise by only one person if and when the other party performs some act
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Unilateral Contrat
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The person making the offer
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Offeror
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The person who receives the offer
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Offeree
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What are the three requirements of an offer?
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Serious Intent, Definite and Certain, Communicated to the offeree
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Newspaper ads, price tags, sale price signs are not offers but rather they are ...
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Invitations to Negotiate
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What are the three requirements of a legally binding acceptance?
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1. Acceptance must be unconditional
2. Acceptance must be made by the person to whom the offer was made 3. Acceptance must be communicated to the offeror |
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What is the "mirror image rule"?
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The acceptance must not change the terms of the original offer in any way
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What are the 5 ways that an offer may be terminated?
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Revocation, Rejection, Counteroffer, Expiration of Time, Death or Insanity
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What do we call the taking back of an offer before it is accepted?
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Revocation
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What do we call the refusal of an offer by an offeree that brings an offer to an end?
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Rejection
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What do we call it when an offeree rejects the original offer and creates a new offer?
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Counteroffer
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What do we call a binding agreement to hold an offer open for a specified period of time?
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Option
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What do we call the legal ability to enter into a contract?
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Capacity
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A person who has reached the age of adulthood is said to have reached his or her _______________.
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Majority
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What is the age of majority in most states?
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18 yrs. old
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What do we call a minor who is no longer under the legal control of his or her parents?
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Emancipated minor
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The act of agreeing to go along with a contract that could have been voided.
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Ratification
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Not doing what you have the right to do.
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Forbearance
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A state law that requires certain laws to be in writing.
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Statute of Frauds
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Something that a party gives up in an agreement.
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Detriment
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A legal way to settle contract disputes by which one party agrees to accept less than the amount due as full payment.
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Accord and Satisfaction
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To show the intent not to live up to a contract.
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Disaffirm
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The exchange of benefits and detriments by the parties to a contract.
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Consideration
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The legal ability to enter into a contract.
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Capacity
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When the consideration is so out of line that it shocks the court.
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Unconscionable Contract
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Contracts entered into by mentally impaired individuals are considered to be ___________.
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Void
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What do we call land and anything permanently attached to the land?
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Real property
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Under what 3 conditions are minors automatically emancipated?
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1. when they get married
2. When they move into their own households 3. they seek the court's permission for emancipation |
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If a minor disaffirms a contract, can he/she still keep the goods they purchased
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No - if they still have the goods, they must return them
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What do you call a promise not to compete?
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Restrictive Covenant
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The good reputation of a business is called ___________.
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Goodwill
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What do you call the elimination of competition with the intent to control prices?
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Restraint of trade
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What are the 3 types of detriments?
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1. Giviing up something that you have the right to keep
2. Doing something that you have a right not to do 3. Not doing something that you have a legal right to do |
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Contracts for the sale of goods exceeding $________, have to be in writing.
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$500
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A minor who claims to be over the age of majority commits what crime?
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Fraud
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What type of contracts can minors not disaffirm?
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1. They have to pay for the fair value of necessaries
2. They cannot disaffirm military enlistment agreements 3. Minors will have to honor contracts for items required by law such as auto insurance |
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The acceptance by the person you owe money to accept a lesser amount as payment in full.
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Accord
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The agreed-to lower price as contained in the accord.
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Satisfaction
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What is the rule with regard to intoxication and whether or not someone can be held liable for a contract that is signed while intoxicated.
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The person must be so impaired (drunk) that they didn't know what they were doing when they entered into the contract.
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What ordinary things might be consideration in a contract?
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Cash, property, promise not to sue, services
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An offense committed against the public good or society that is punishable by fine, imprisonment, or both
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Crime
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What 2 conditions must exist for a crime to be committed?
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1.It is prohibited by the law of the place where it is committed
2.The law provides for the punishment of the offenders |
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The party that accuses a person of a crime
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Plaintiff
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The person who is accused of a crime
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Defendant
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The government official who brings the case against the defendant
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Prosecutor or District Attorney
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A major crime punishable by a fine, imprisonment for a term exceeding 1 year, or death
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Felony
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A less serious crime with a less serious penalty of a fine, jail time (less than 1 year), or both
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Misdemeanor
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A minor offense that is usually punishable with a fine and not jail time
Examples: traffic violations, and parking tickets |
Infraction
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Can the Federal government make criminal laws?
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No - the only exception to this rule is counterfeiting
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What are the 2 elements of a crime?
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1. Criminal Act
2. Required state of mind (intent) |
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Whatt does the M'Naughten ruling of 1943 say?
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A defendant should not be held responsible for his actions if he could not tell that his actions were wrong (morality) at the time that he committed them
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When someone is using the "insanity defense" who has the burden to prove beyond a reasonable doubt that the defendant is insane?
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The Defendant must prove that they are "insane" beyond a reasonable doubt
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This insanity plea states that the defendant did not know the nature of the act or if they knew the nature of the act , they did not know it was wrong.
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Cognitive Insanity Plea
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What type of insanity plea is it when the defendant knows right from wrong but cannot stop themselves
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Irresistible Impulse Insanity Plea
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The effects of alcohol and drugs are known in advance
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Forseeablility test
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The act of a law enforcement agent in inducing an individual to commit a crime that the individual would not have or most likely not have otherwise committed
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Entrapment
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This defense states thatAttempting to run away is not necessary if you are in your own home
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Castle Defense
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The killing of one human being by another
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Homicide
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Takes place when a police officer kills a criminal or a soldier kills the enemy in the line of duty or self defense
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Justifiable Homicide
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The intentional killing of another person
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Murder
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The unlawful killing of a person without intending to do so
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Manslaughter
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What is the main difference between manslaughter and murder?
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Murder is done with malice and intent
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The threat of violence (or attempt to commit a battery)
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Assault
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The actual physical violence (the unlawful touching of another person)
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Battery
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Unlawful removal or restraint of a person against that person’s will usually for one of the following
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Kidnapping
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Intercourse with a minor with or without force or consent
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Statutory Rape
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”- the wrongful taking of someone’s property by threatening or using violen
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Robbery
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The intentional and malicious destruction of or damage to the property of another
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Vandalism
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the willful and malicious destruction of property by means of fire or explosives
In Illinois damage done to property by means of fire or explosives over $150 is classified as arson |
Arson
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wrongful taking of another person’s property by a person who has been entrusted with that property
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Embezzlement
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Sometimes called “Larceny by false pretenses”: the taking of someone’s money or property by intentionally deceiving that person
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Fraud
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Tort law is based on the idea that ________________.
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Everyone has certain rights and a duty to respect the rights of others
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One’s persons interference with another’s rights either through intent, negligence, or strict liability
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Tort
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A person who commits a tort
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Tortfeasor
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What are the 3 elements of a tort?
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1.The possession of certain rights by an innocent party
2.A violation of those rights by a tortfeasor 3.A resulting injury that somehow hurts the person whose rights were violated |
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What is the purpose of criminal law?
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To punish the offender
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What is the purpose of tort law?
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To compensate the victim
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The unlawful restraint of a person, whether in prison or otherwise.
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False Imprisonment
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What do you call the amount of money that the defendant has to pay to the victim?
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Damages
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Threatening or deliberately frightening another person into believing that he or she is about to be injured
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Assault
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the unlawful, unwanted, touching of another person even if the physical contact is not harmful.
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Battery
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The wrongful act of injuring another’s reputation by making false statements
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Defamation
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A false statement in written or printed form that injures another’s reputation or reflects negatively on that person’s character
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Libel
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A false statement made orally to a third party that injures another’s reputation or reflects negatively on that person’s character
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Slander
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Interfering with a person’s right to be left alone.
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Invasion of Privacy
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The actual physical or electronic trespassing of someone’s home or other personal space (car, place of business, computer, etc.)
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Intrusion of Solitude
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A blatant, unauthorized commercial use of a public figures image
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Appropriation Invasion of Privacy
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