Foundations of Law
The body of rules that governs relationships between individuals and society.
What is law?
(Defines enforceable rules that maintain order and justice.)
Before hearing a case, a court must have this power over parties or property.
What is jurisdiction?
(Essential for a valid ruling.)
A private civil wrong that causes injury or harm to another.
What is a tort? (Separate from criminal wrongdoing.)
A symbol, word, or logo identifying a product or company.
What is a trademark? (Protects brand identity.)
A public wrong punishable by law.
What is a crime? (Brought by the government, not a private party.)
A legally enforceable promise between two or more parties.
What is a contract? (Requires mutual assent and consideration.)
The “supreme law of the land” in the United States.
What is the U.S. Constitution?
(All other laws must align with it.)
The correct geographic location for a trial.
What is venue?
(Usually where the event occurred or defendant resides.)
This type of defamation is spoken rather than written.
What is slander? (Libel is written.)
The federal law protecting authors and artists.
What is the Copyright Act? (Covers creative expression.)
The Latin term for the “guilty mind.”
What is mens rea? (Refers to criminal intent.)
The four required elements of a valid contract.
What are offer, acceptance, consideration, and legality? (Plus capacity.)
This legal principle requires courts to follow precedents from previous decisions.
What is stare decisis?
(Ensures consistency and predictability.)
The main advantage of ADR over litigation.
What is that it’s faster and less expensive? (Also more flexible.)
The four elements of negligence.
What are duty, breach, causation, and damages? (All must be proven.)
Patent protection for inventions generally lasts this long.
What is 20 years? (From the date of filing.)
The constitutional requirement for reading rights before interrogation.
What is the Miranda rule? (Protects the Fifth Amendment right against self-incrimination.)
When only one party makes a promise in exchange for an act.
What is a unilateral contract? (A reward offer is an example.)
Law that defines rights and duties, rather than procedures.
What is substantive law?
(Procedural law dictates how rights are enforced.)
In arbitration, the neutral third party does this.
What is issues a binding decision? (Different from mediation, which is non-binding.)
The purpose of punitive damages.
What is to punish and deter wrongful conduct? (Not to compensate.)
Using another’s logo in a misleading domain name.
What is cybersquatting? (Prohibited under federal law.)
White-collar crimes typically involve this type of conduct.
What is financial deception? (Non-violent crimes for financial gain.)
Value exchanged between parties that makes a contract binding.
What is consideration? (Can be money, goods, or a promise.)
These are the four main sources of American law.
What are constitutions, statutes, administrative regulations, and case law?
(Covers the hierarchy of legal authority.)
The term for the party appealing a lower-court decision.
Who is the appellant? (Versus appellee, who defends the ruling.)
Ethical theory that focuses on producing the greatest good for the greatest number.
What is utilitarianism? (Key principle in business decision-making.)
Protects the visual appearance or packaging of a product.
What is trade dress? (Distinct from trademark text or logo.)
Crimes committed through technology to cause fear or disruption.
What is cyberterrorism? (Targets digital infrastructure.)
This rule excludes prior oral agreements that contradict a written contract.
What is the parol evidence rule? (Protects integrity of written agreements.)