Federalism
A double layered system of government, with the national and state governments each exercising important but limited powers
U.S. Constitution
The supreme law of the United States
Legislative branch
creates laws
Executive branch
authority to enforce laws
Judicial branch
interprets the laws
Checks and balances
Makes all branches of government equal to each other
Fundamental rights
The constitution has many of our basic liberties
Statute
A law passed by Congress or by a state legislature
Court orders
Judges have the authority to issue court orders that place binding obligations on people or companies
Criminal law
Concerns behavior so threatening that society prohibits it
Civil law
Regulates the rights and duties between parties
Plaintiff
The party who is suing
Defendant
The party being sued
Holding
A court's decison
Reverse
To declare the lower court's ruling wrong and void
Remand
To send a case back down to a lower court
Affirm
To uphold a lower court's ruling
Ethics
How people should behave
Ethics Decision
Any choice about how a person should behave that is based on a sense of right and wrong
Life policies
The rules by which you live your life
Deontological
From the Greek word for obligation; the duty to do the right thing, regardless of the result
Categorical imperative
An act is only ethical if it would be acceptable for everyone to do the same thing
Life prospects
The circumstances into which we are born
Veil of ignorance
The rules for society that we would propose if we did not know how lucky we would be in life's lottery
Difference principle
Rawls' suggestion that society should reward behavior that provides the most benefit to the community as a whole
Moral universalism
A belief that some acts are always right or always wrong
Moral relativism
A belieft that a decision may be right even if it is not in keeping with one's own standards
Moral licensing
After doing something ethical, many people then have a tendency to act unethically
Optimum bias
A belief that the outcome of an event will be more positive than the evidence warrants
Public International law
Rules and norms governing relationships among states and international organizations
Private International law
International rules and standards applying to cross-border commerce
International Court of Justice (ICJ)
The judicial branch of the United Nations
Incoterms rules
A series of three-letter codes used in informational contacts for the sale of goods
Sovereignty
Each government has the absolute authority to rule its people and its territory
Soverign immunity
Holds that the courts of one nation lack the jurisdiction (power) to hear suits against foreign government
Foreign Soverign immunities Act (FSIA)
A U.S. statute that provides that American courts generally can not hear suits against foreign governments
Waiver
A lawsuit that is permitted against a foreign country that voluntarily agrees to give up immunity
Commercial activity
A plaintiff in the U.S. can sue a foreign country that is engaged in commercial, not political, activity
Stare Decis
The principle that legal conclusions must be reached after an analysis of past judgements
Shari'a law
Islamic law
Shari'a
is based on the Muslim holy book, the Koran, and the teachings and actions of the Prophet Muhammed
Ljtihad
The process of Islamic legal and religious reasoning
Treaty
An agreement between two or more states that is governed by international law
GATT
General Agreement on Tariffs and Trade
World Trade Organization (WTO)
An international organization whose mandate is to lower trade barriers
Most favored nation
WTO/GATT requires that favors offered to one country that must be given to all member nations
National treatment
The principle of nondiscrimination between foreigners and locals
Regional Trade Agreements (RTAs)
Treaties that reduce trade restrictions and promote common policies among member nations
United States-Mexico-Canada Agreement (USMCA)
A treaty that replaced the North American Free Trade Agreement and further reduced trade barriers among Canada, the U.S and Mexico
General Agreement on Trade in Services (GATS)
A treaty on transactional services
Agreement on Trade Related Aspects of intellectual property (TRIPS)
A treaty in intellectual property
Customary international law
International rules that have become binding through a pattern of consistent, long-standing behavior
Extraterritoriality
The power of one country's laws to reach activites outside of its borders
Application of U.S. Law Abroad
As a general rule, U.S. statutes do not apply outside the country, unless the laws themselves explicitly say so
Foreign recognition
Means that a foreign judgement has legal validity in another country
Foreign enforcement
Means that the court system of a country will assist in enforcing and collecting on the verdict awarded by a foreign court
Arbitration
A binding process of resolving legal disputes by submitting them to a neutral third party
New York Convention
Widely accepted treaty on the court enforcement of arbitral awards
Separation of powers
Three branches of government were created, each independent and equal, and each acting as a check on the power of the other two
Federalism
The national government was to have considerable power, but it would be limited
Congressional power
Congress may impose taxes, spend money, create copyrights, support the military, declare war, etc.; none of these rights is more important than the power of the purse, the right to raise and spend money
Commerce clause
Gives congress the power to regulate commerce with foreign nations and among states
Executive power
The basic job of the president is to enforce the nation's laws; key powers are appointment, legislation and foreign policy
Judicial power
Article III of the Constitution creates the Supreme court and permits Congress to establish lower courts within the federal court system
Judicial review
Refers to the power of federal courts to declare a statute or governmental action unconstitutional and void
First amendment
Protects freedom of speech, press, "peaceful" assembly, religion
Second amendment
Protects the right to bear arms
Third amendment
Protects against military taking people's homes for soldier quarters
Fourth admendment
Protects against illeagal searches
Fifth amendment
Protects against self-incrimination, ensures due process
Procedural due process
Ensures that before the government takes liberty or property, the affected person has a fair chance to oppose the action
Takings clause
Prohibits a state from taking private property for public use without just compensation
Sixth amendment
Demand fair treatment for defendants in criminal proceedings, gives right to trial by jury of peers
Seventh amdendment
Gives jury trial for federal civil cases
Eighth amendment
Bans cruel and unusual punishment
Ninth amendment
Doesn't limit rights to only those listed
Tenth amendment
Says rights not given to federal government belong to the states and the people
Equal protection clause
Requires that the government must treat people equally
Statues
Laws passed by congress or state
Bills
Proposed laws
Bill
A proposed statute
Common law
Legal precedents created by appeals courts
Stare decis
Means "let the decison stand" and describes the practice of courts following prior decisions
Legislative rules
These are the most important agency rules, and they are much like statutes
Interpretive laws
These are the agency's interpretation of what the law already requires, but they still can affect us all
Subpoena
an order to appear at a particular time and place
Subpoena duces tecum
An order to require a person to produce certain documents or things
Adjudicate
To hold a formal hearing about an issue and then decide it
Administrative law judge (ALJ)
An agency employee who acts as an impartial decision maker
Informational Control and the Public
One way in which all of us have some direct control over these ubiquitous agencies: information
Freedom of Information act (FOIA)
Designed to give all of us access to the information that federal agencies are using, and any information it may have about us
Ligitation
The process of resolving disputes in court
Alternative dispute resolution
Resolving disputes out of court, through formal or informal process
Trial courts
First level of courts to hear disputes
Jurisdiction
A court's power to hear a case and bind the parties to its determination
Summons
The court's written notice that a lawsuit has been filed
Long-arm statute
Statutes that may broaden a state court's jurisdiction
Appellate courts
Higher courts, which generally accept the facts provided by trial courts and review the record for legal errors
Appellant
The party filing an appeal of a trial verdict
Appellee
The party opposing an appeal
Federal question cases
A claim based on the U.S. Constituion, a federal statute, or a federal treaty
Diversity case
A lawsuit in which the plaintiff and defendant are citizens of different states and the amount in dispute exceeds 75,000
Trial courts
U.S. Distritct courts are the primarily trial courts of the federal system
U.S. Courts of Apeeals
These are the intermediate courts of appeal; they are divided into geographical circuts
U.S. Supreme court
This is the highest court in the country; there are nine justices, one of whom is cheif justice, and the others are associate justices; when they decide a case, each justice case casts an equal vote
Pleadings
The documents that begin a lawsuit, consisting of a complaint, the answer, and sometimes a reply
Complaint
The pleading that starts a lawsuit, this is a short statement of the facts alleged by the plaintiff and his or her legal claims
Answer
The defendant's response to the complaint
Default judgement
A decision that the plaintiff in a case without going to trial
Class action
A suit filed by a group of plaintiffs with related claims
Motion
A formal request to the court that it take some step or or issue some order
Motion to dismiss
A request that the court terminate a case becasue the law does not offer a legal remedy for the plaintiff's problem
Discovery
The pre-trial opportunity for both parties to gather information relevant to the case
Interrogatories
Written questions that the opposing party must answer, in writing, under oath
Depositions
A chance for one party's lawer to question the other party, or a potential witness, under oath
Deponent
The person being questioned in a deposition
Production of Documents and Materials
Each side may ask the other side to produce relevant documents for inspection and copying
Physical and mental examination
A party may ask the court to order an examination of the other party
E-Discovery
Emails, attachments and any other digital data may be provided
Summary judgement
A ruling that no trial is necessary because essential facts are not in dispute
Adversary System
A system based on the assumption that if two sides present their best case before a neutral party, the truth will be established
Burden of proof
The obligationto convince the jury that a party's version of the case is correct
Preponderance of the evidence
The standard proof required for a civil case
Beyond a reasonable doubt
The government's burden in a criminal prosecution
Direct examination
A lawyer ask questions of his or her own witness
Cross examine
A lawyer ask questions of an opposing witness
Precedent
Earlier decisions by a court on similar or identical issues, on which subsequent court decisons can be based
Affirm
To allow a court decision to stand as is
Modify
To let a court decision to stand, but with changes
Reverse and remand
To nullify a lower court's decision and return a case to trial
Reverse
To rule that the loser in a previous case wins, with now new trial
Mediation
A form of ADR in which a neutral third party guides the disputing parties toward a voluntary settlement
Arbitration
A form of ADR in which a neutral third party has the power to impose a binding decision
Arbitration agreements
Contracts in which the parties agree to arbitrate their claims instead of filing a lawsuit
Criminal Procedure
The process by which criminals are investigated, accused, tried, and sentenced
Prosecution
Only the government can prosecute a crime and punish a defendant by sending him to prison
Restitution
When a guilty defendant must reimburse the victim for the harm suffered
Burden of proof
The government must prove its case beyond a resonable dout
Right to a jury
A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer
Bench trial
Ther is no jury; the judge reaches a verdict
Felony
A serious crime, for which a defendant can be sentenced to one year or more in prison
Misdemeanor
A less serious crime, often punishable by less than a year in a county jail
Warrant
Written permission from a neutral officer to conduct a search
Probable cause
It is likely that evidence of crime will be found in the place to be searched
Double Jeopardy
A criminal defendant may be prosecuted only once for a particular criminal offense
Grand jury
A group of ordinary citizens that decide whether there is probable cause the defendant committed the crime with which she is charged
Indiciment
The government's formal charge that the defendant has committed a crime and must stand trial
Plea bargain
An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution reccomends to the judge a relatively lenient sentence
Larcency
the trespassory taking of personal property with the intent to steal it
Embezzlement
The fraudulent conversion of property already in the defendant's possession
Fraud
Deception for the purpose of obtaining money or property
Arson
The malicious use of fire or explosions to damage or to destroy real estate of personal property
Hacking
Gaining unathorized access to a computer system
Rackateer Influenced and Corrupt Organizations Act (RICO)
A powerful federal statute, originally aimed at organized crime, now used against many ordinary businesses
Rackateering acts
Any of a long list of specified crimes, such as embezzlement, arson, mail fraud and wire fraud
Treble damages
A judgement for three times the harm actually suffered
Federal Sentencing Guidelines
The detailed rules that judges must follow when sentencing defendants convicted of federal crimes
Compliance program
A plan to prevent and detect improper conduct at all levels of a company
Tort
A violation of a duty imposed by the civil law
International tort
Harm caused by a deliberate action
Libel
Written defamation
Slander
Oral defamation
Defamatory statement
A factual statement likely to harm another
Falsity
The statement must be false
Communicated
It must be communicated to at least one other person
Injury
Plaintiff must show injury unless the statement constitutes slander per se
False imprisonment
The intentional restraint of another person without reasonable cause and without consent
Battery
A harmful or offensive bodily contact
Assault
An action that causes another person to fear an imminent battery
Fraud
Injuring someone by diliberate deception
International infliction of emotional
Extreme and outrageous conduct that causes serious emotional harm
Compensatory damages
Are intended to restore the plaintiff to the position he was in before the defendant's conduct caused injury
Single recovery principle
Requires a court to settle a legal case once and for all, by awarding a lump sum for past and future expenses
Puntitive damages
Punishment of the defendant for conduct that is extreme and outrageous
Tortious interference with a contract
Occurs when a defendant deliberately harms a contractual relationships between two other parties
Commercial explotation
Prohibits the unathorized use of another person's likeness or voice for business purposes
Duty of Due Care
The defendant had a legal responsibility to the plaintiff
Breach
The defendant breached her duty of care
Factual Cause
The defendant's conduct actually caused the injury
Proximate cause
It was forseeable that conduct like the defendant's might cause this type of harm
Damages
Plaintiff has been hurt or suffered measurable loss
Trespasser
A person on another person's property
Licensee
A person on another person's land for her own purpose but with the owner's permission
Invitee
A person who has a right to enter another's property because it is a public place or a business open to the public
Breach of Duty
A defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances
Factual cause
The defendant's breach led to the ultimate harm
Proximate cause
Refers to a party who contributes to a loss in any way that a reasonable person could anticipate
Res Ipsa Loquitur
Means " the thing speaks for itself" and refers to cases where the facts imply that the defendant's negligance caused the harm
Assumption of the risk
A person who voluntarily enters a situation of obvious danger can not complaint if he or she is injured
Contributory negligence
A plaintiff who is even slightly negligent recovers nothing
Comparative negligence
A plaintiff may generally recover even if she is partially responsible
Strict liability
A high level of liability assumed by people or corporations who engage in activities that are very dangerous
Ultrahazordous Activities
A defendant engaging in such acts is virtually always liable for resulting harm
Data breaches
Most people store important data about themselves electronically, including passwords; theives eagerly seek access to this treasure trove
Surveillance and Discrimination
The way we communicate and socialize has been revoluntionized; but it has also affected workplace privacy
Big Data
80% of Americans shop online and online retailers collect their personal data; consumer information is very valuable because firms want to know about you for marketing, debt payment, etc.
The Internet of Things
Everyday devices, vehicles and buildings are now connected to the internet, further endangering privacy
Reasonable expectation of privacy
The test to analyze whether privacy should be protected
Public disclosure of private facts
A tort providing redress to victims of unauthorized and embarressing disclosures
Intrusion
In order to prove, plaintiff must show the defendant
Electronic Communications Privacy Act of 1986 (ECPA)
A federal statute prohibiting unauthorized interception of, access to, or disclosure of wire and electronic communications
Wiretap Act
The section of the ECPA that prohibits the interception of face-to-face oral communications and telephone calls
Stored Communications Act
The section of the ECPA that prohibits the unlawful acess to stored communications, such as emails
Foreign Intelligence Surveillance Act (FISA)
Federal statute governing the government's collection of foreign intellegence in the United States
State Statutes
Many states have passed their own privacy laws
Reader Privacy
Prohibits libraries from disclosing their patrons' reading habits
Online Privacy Policies
California requires any website that collects personal information to post a privacy policy conspicuously, and abide by it
User-Generated Content
Any content created and made publicaly available by end users
Defamation
Applies to online speech
SLAPP
A strategic lawsuit against public participation, is a defamation lawsuit whose main objective is to silence speech through intimidation rather than winning a case on the merits. Over half of states have laws against these cases
Violence
While the 1st amendment may protect offensive or outrageous speech, it does not protect threats of violence against individuals
Communications Decency Act of 1996 (CDA)
Provides ISPs immunity from liability when information was provided by an end user
Unfair or Decepitve adversising
Section 5 of the FTC Act prohibits unfair and deceptive acts of practices
Spam
Unsolicited commercial email
Cybersecurity
Almost everystate now has data breach law, and some have enacted data disposal laws