Introduction to Law
To maintain stability in social, economic, and political systems while also permitting change
What is the nature of the law?
The highest court in the land
What is the United States Supreme Court?
Division of power between the Federal Government and State Governments
What is Federalism?
2 elements of most crimes
What is mens rea (mental fault) and actus reus (wrongful act)?
Intentional, negligence, strict liabililty
What are Torts?
The fair, equitable, impartial treatment of competing interests with due regard for the common good
What is justice?
The power of the court to hear and decide a given case
What is jurisdiction?
Federal law takes precedence over conflicting state laws
What is Federal Supremacy?
Fraudulent conversion of another's property by one who is in lawful possession
What is embezzlement?
Duty, Breach of Duty, Causation, Injuries/Damages
What are the elements of negligence?
Beyond a reasonable doubt
What is the burden of proof in a criminal case?
This court answers questions of law and fact
What is a trial court?
Restricts the states' power to regulate activities if the result obstructs interstate commerce
What is the Commerce Clause?
Trespassory taking and carrying away another's property by use of force or threat of force against an individual with the intent to permanently deprive
What is robbery?
Doctrine that may hold a landowner liable for injuries to children trespasser
Attractive Nuisance Doctrine
The highest law in the land
What is the United States Constitution?
This court does not normally review evidence
What is the appellate court?
Prohibits the depriving any person of life, liberty, or property without process
What is the Due Process Clause?
Use of force to protect themselves and other individuals
What is self defense?
A person who comes upon another's land as a social guest
What is a licensee?
Courts adhere to or follow and rely on rules of law that they or a superior court relied on and applied in prior court decisions
What is stare decisis?
Resolving a dispute with a neutral, third party who renders a decision
What is arbitration?
Similarly situated persons be treated similarly by government action.
What is the Equal Protection Clause?
Presumed innocent until proven guilty
What is presumption of innocence in a criminal case?
Fictitious person who is always careful and prudent and never negligent
What is the Reasonable Person Standard?