Executive Branch
The branch of government formed to execute the laws. (the president)
Federal system
The system of government in which a central government is given power to administer to national concerns while individual states retain the power to administer to local concerns.
Ex post facto laws
A law making criminal an act that was lawful when done or that increases the penalty when done; such laws are generally prohibited by constitutional provisions.
Judicial Branch
The branch of government formed to interpret laws. (the courts).
Legislative
The branch of government formed to make laws ( congress).
Police power
The power to govern; the power to adopt laws for the protection of the public health, welfare, safety, and morals.
Preemption
the federal governments superior regulatory position over state laws on the same subject area.
Means the the federal regulatory scheme is controlling.
Privileges and immuinties clause
a clause that entitles a person going into another state to make contracts, own property, and engage in business to the same extent as citizens of that state.
Means that a person going into another state is entitled to make contracts, own property and eng
Quasi-judicial proceedings
Forms of hearings in which the rules of evidence and procedures are more relaxed but each side still has a change to be heard
Shared powers
Powers that are held by both state and national government
Tripartite
Three- part division of the government
Juris prudence
The way in which we look at law
Locke
Provided the intellectual framework of the US constitution
Powers
Federal- delegated
States-Reserved
14th amendment
Equal protection= the law must treat you equally
Base test-rational relations
Heightened scrutiny- sex
strict scrutiny- race
blackmail
extortion demands made by a a nonpublic official
cmputer crime
wrongs committed using a computer or a with knowledge of computers.
conspiracy
agreement between two or more persons to commit an unlawful act
crime
violation of the law that is punished as an offense against the state or government.
Due process
the constitutional right to be heard, question witnesses, and present evidence
Economic Espionage Act
Federal law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and information from a computer to an unauthorized person.
Embezzlement
statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer
Extortion
Illegal demand by a public officer acting with apparent authority.
Facilitation payments
Legal payments to speed up or ensure performance of normal government duties.
Federal Sentencing Guidelines
Federal standards used by judges in determining mandatory sentence terms for those convicted of federal crimes
Felonies
Criminal offence that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by statute to be a felony.
Fifth amendment
Constitutional protection against self-incrimination; also guarantees due process, deals with due process. Self incrimination (business must give it up, personal situations- you don't have to)
Foreign Corrupt Practices Act (FCPA)
Federal law that makes it a felony to influence decision makers in other countries for the purpose of obtaining business, such as contract for sales and services; also imposes financial reporting requirements on certain U.S. corporations
Forgery
Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another
Fourth Amendment
Privacy protection in the US Constitution; prohibits unauthorized searches and seizures
Grease Payment
(Facilitation payments) legal payments to speed up or ensure performance of normal government duties
Miranda Rights
Warnings required to prevent self-incrimination in a criminal matter
Misdemeanors
Criminal offence with a sentence of less than one year that is neither treason nor a felony
Predicate act
Qualifying underlying offense, for private RICO actions, absent a prior criminal conviction
Racheteer Influenced and Corrupt Organizations (RICO) Act
Federal law initially targeting organized crime, that has expanded in scope and provides penalties and civil recovery or multiple criminal offenses, or a pattern of racketeering
Search warrant
Judicial authorization for a search of property where there is the expectation of law
Sixth Amendment
The US constitutional amendment that guarantees a speedy trial
Uttering
Crime of issuing or delivering a forged instrument to another person
White-Collar Crime Penalty Enhancement Act of 2002
Federal reforms passed as a result of the collapses of companies such as Enron; provides for longer sentences and higher fines for both executives and companies.
Increases penalties substantially
White-collar crime
Crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property. Business Crime
Mens Rea
Refers to mental act- intent (general and specific intent)
Money Laundering
Taking money that was gained from a criminal act or enterprise and run through a legitimate business to cover it up
Embezzlement
Crime against trust
Absolute privilege
Complete defense against the tort of defamantion, as in the speeches of members of Congress of the floor witnesses in a trial.
Contract interference
Tort in which a third party interferes with a others' freedom to contract.
Contributory Negligence
Negligence of the plaintiff that contributes to injury and at common law bars from recovery from the defendant although the defendant may have been ore negligent than the plaintiff
Defamation
Untrue statement by one party about another to a third party
False Imprisonment
Intentional detention of a person without that person's consent; called the shopkeeper's tort when shoplifters are unlawfully detained
Intentional Infliction of Emotional Distress
Tort that produces mental anguish caused by conduct that exceeds all bounds of decency
Intentional Torts
Civil wrong that results from intentional conduct
Invasion of privacy
Tort of intentional intrusion into the private affairs of another
Libel
Written or visual defamation without legal justification
Malpractice
When services are not properly rendered in accordance with commonly accepted standards; negligence by a professional in performing his or her skill
Negligence
Failure to exercise due care under the circumstances in consequence of which hard is proximately caused to one to whom the defendant owed a duty to exercise due case
Product disparagement
Fake Statements made about a product or business
Qualified Privalege
Media privilege to print inaccurate information without liability for defamation, so long as a retraction is printed and there was no malice
Shopkeeper's Privilege
Right of store owner to detain a suspected shoplifter based on reasonable cause an for a reasonable time without resulting liability for false imprisonment
Slander of Title
Malicious making of false statements as to a seller's title
Slander
Defamation of character by spoken words or gestures
Strict Liability
Civil wrong for which there is absolute liability because of the inherent danger in the underlying activity, for example, the use of explosives
Tort
Civil wrongs that interferes with one's property or person
Trade Libel
Written defamation about a product or service
Trespass
Unauthorized action with respect to person or property
battery
touching when you don't want to be touch
Assault
to put your fear of immediate battery
False Imprisionment
Storekeeper's effect
Tort of outrage
intentionally injure mental well-being (Intentional affliction of emotional expressions)
Invasion of Privacy
The right to be left alone
Assumption of the risk
Recognition that some activities are dangerous, so no tort reward is awarded for "stupid" behavior
Tort Immunity
Can only sue the government when government says can sue the government
Strict Liability
Three main components:
1. Maintenance of a dangerous condition
2. Harboring wild animals
Law treats wild animals different than domestic animals
Changes liability
3. Product liability
Agency
Relationship that exists between a person identified as a principal and another by virtue of which the latter may make contracts with third persons on behalf of the principal. (Parties�principal, agent, third person)
Agent
Person or firm who is authorized by the principal or by operation of law to make contracts with third persons on behalf of the principal
Apparent Authority
Appearance of authority created by the principal's words or conduct
Attorney in Fact
Agent authorized to act for another under a power of attorney
Customary Authority
Authority of an agent to do any act that, according to the custom of the community, usually accompanies the transaction for which the agent is authorized to act
Express Authorization
Authorization of an agent to perform a certain act
General Agent
Agent authorized by the principal to transact all affairs in connection with a particular type of business or trade or to transact all business at a certain place
Incidental Authority
Authority of an agent that is reasonably necessary to execute express authority
Independent Contractor
Contractor who undertakes to perform a specified task contract but over whom the other contracting part has no control expect as provided for the contract
Interest in the authority
Form of agency in which an agent has been given or paid for the right to exercise authority
Interest in the subject matter
Form of agency in which an agent is given an interest in the property with which that agent is dealing
power of attorney
Written authorization to an agent by the principal
Principal
Person or firm who employs an agent; person who, with respect to a surety, is primarily liable to the third person or creditor; property held in trust
Special Agent
Agent authorized to transact a specific transaction or to do a specific act
Universal Agent
Agent authorized by the principal to do all acts that can lawfully be delegated to a representative
Contracting agent
Agent with authority to make contracts; person with whom the buyer deals
Respondeat Superior
Doctrine that the principal or employer is vicariously liable for the unauthorized torts committed by an agent or employee while acting within the scope of the agency or the course of the employment, respectively
Disclosed Principal
Principal whose identity is made known by the agent as well as the fact that the agent is acting on the principal's behalf
Partially disclosed principal
Principal whose existence is made known but whose identity is not
Soliciting agent
Salesperson
Undisclosed Principal
Principal on whose behalf an agent acts without disclosing to the third person the fact of agency or the identity of the principal
Vicarious liability
Imposing liability for the fault of another
Constitution
a body of principles that establishes the structure of a government and the relationships of the government to the people who are governed
Tripartite
3-part government
Legislative branch
the branch of government (congress) formed to make laws
Executive branch
the branch of government (the president) fromed to execute/ enforce the laws.
Judicial branch
The branch of government (the courts) formed to interpret the laws. Appointed by the president. life time term
Delegated powers
the powers given by the states to the national government
Shared Powers
powers held by both state and national government
Ex: national and state tax
State police power
the power to govern; the power to adopt laws for the protection of the public health, welfare, safety and morals
Prohibited powers
cannot have EX POST FACTO LAWS a law making criminal an act that was unlawfully done or that the penalty goes up when done
Bed rock view
a strict constructionists interpretaton of the constitution
living document view
when a constitution is interpreted according to changes in conditions. Supreme court follows living document view
commerce clause
the power to regulate commerce with foreign nations and among the several states and with the Indian tribes
due process clause
a guarantee of protection against the loss of property or rights without the chance to be heard