Ethics and the Law
''Treat others how you want to be treated.''
What is the Golden Rule Principle
What are the Tiers of Federal Court System?
District Courts, Courts of Appeals, and U.S. Supreme Court.
A government attorney who presents the criminal case in court against the person accused
what is a prosecutor
Anything that interferes with the enjoyment of life or property
What is Nuisance
An act of breaking the terms set out in a contract is called
What is a breach of contract
Written law passed by a legislative body, such as a state legislature or Congress.
What is a statute?
A type of federal court that hears cases with original jurisdiction and appellate jurisdiction.
What is the U.S. Supreme Court?
A minor violation that is generally only punishable by a fine of no more than $1,000.
What is an Infraction OR Petty Offenses
What are the 3 Defenses to Negligence?
Contributory Negligence
Comparative Negligence
Assumption of Risk
A daughter moved in with their mother, who has dementia, and influenced the mother to change her will. This is an example of?
What is undue influence?
The Supreme Court can declare laws Unconstitutional.
What is Judicial Review?
The process of questioning or presenting evidence to undermine a witness's credibility during a trial.
What is impeaching the witness?
A crime is defined by what two elements?
Criminal Act AND Required State of Mind (Intent)
In order for a defamation case to be held in court, the statement must have the following three elements
Damage your reputation
Be false (actual malice)
Be communicated to a 3rd party
This occurs when both parties to a contract are mistaken about the same material fact.
bilateral mistake
Federal Agencies (i.e. FDA) can create, enforce, and regulate what type of laws?
What is an administrative agency?
What are the FOUR decisions Appellate Courts can make?
Affirm, Reverse, Remand, and Modify
The Fifth Amendment of the Constitution guarantees that no person can be tried twice for the same crime. What is this called?
What is Double Jeopardy
What are the 4 Elements of Negligence?
Legal Duty of Care, Breach of Duty, Proximate Cause, and Actual Harm
The goal is to mislead customers into believing the product is better than it is, or that they need it more than they actually do.
What is Puffery?
A judge is required to follow an earlier court decision when deciding a case with similar circumstances.
What is Common Law OR Precedent
To serve on a jury in the United States, you must meet the following qualifications (name 4)
The crime of stealing from a person by using force or the threat of force. It's considered a more serious crime than theft because it involves violence.
What is Robbery
A failure of a person or company to use the degree of care required under the circumstances
What is Breach of Duty (Elements of Negligence)
What are the 6 elements of a contract?
Offer
Acceptance
Genuine Agreement
Consideration
Capacity
Legality