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Universities » University of Washington (UW) » MGMT - Management » 200 - INTRODUCTION TO LAW » Flash Cards

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Class:MGMT 200 - INTRODUCTION TO LAW
Subject:Management
University:University of Washington - Seattle
Term:Spring 2010
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Complaint states the facts that justify your claim for a lawsuit, the basis for suing, and the request for damages / other relief
Summons A notice of lawsuit, delivered to the defendant along with a copy of the complaint.
Process server Someone in the business of serving people with legal documents (summons and complaint)
Cause of action A legally appropriate basis for suing
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Answer The defendant's response to the summons.
Pleadings The summons and complaint together are called the pleadings.
Motion to dismiss (demurrer) AKA "So what?" motion. If used, it is in place of the answer. Used when the defendant's actions, even if true, did not break a law or breach a legal duty.
Default judgment When the plaintiff wins the case by default, because the defendant didn't respond to the summons Ex parte trial: a one party trial
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Accusation How one starts a criminal case. It formally charges a person with commission of a particular crime
An information an accusation (a formal criminal charge) issued by the district attorney
An indictment An accusation (a formal criminal charge) issued by a grand jury.
Discovery A process that uses methods to learn facts about the dispute before the trial begins.
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Depositions Questioning of a witness before the trial, under oath
Interrogatories Written questions directed to a party, who replies with written answers, under oath.
Motion to produce Compels the opposing party to provide specific, relevant evidence.
Subpoena A written order for a person to appear in court and testify as a witness
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Subpoena duces tecum An order for a witness to bring specified evidence.
Privilege against incrimination The defendant cannot be compelled to testify against himself in a criminal case (5th amendment)
Motion for summary judgment If there are no significant questions as to the facts of the case, the moving party can be awarded judgment. If the motion is granted, there is no full trial.
Pre trial hearing Occurs after the discovery process. It is a conference b/w the lawyers and the judge to identify the matters in dispute and plan the course of the trial
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Plea bargain The defendant admits to guilt of a lesser offense than he was charged with, and gets a less harsh punishment
Questions of fact vs questions of law Q's of fact: historical events that must be proved to win a lawsuit. Q's of law: the appropriate legal rules to be applied in the trial
Jury nullification Jury nullification occurs when a jury in a criminal case gives a not guilty verdict to a defendant despite the weight of evidence against him. The judge can NOT overturn this decision.
Voir dire The questioning of prospective jurors to determine any possible bias.
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Peremptory challenge Dismissal of a juror for an undisclosed reason. Each side in a case gets a limited number of peremptory challenges.
Jury size Federal criminal cases: 12. Federal civil cases: 6. State court: 6-12
Jury vote required In criminal case, usually a unanimous vote is required. In civil cases, 3/4 vote (9 of 12) required, except in federal cases, where a unanimous vote is required
Equity A form of relief other than law used to obtain non-monetary relief. There is no equity in criminal cases. There is no jury in equity cases.B
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Specific performance A form of equity relief. Forces one to carry out an action, or perform a specific act, e.g. to finish what they started
Recission In contract law, rescission (also called overturning) has been defined as the unmaking of a contract between parties. Rescind an agreement to sell one's home due to undue influence from a relative
Injunction A form of equitable remedy. Prevents someone from doing something. (e.g. hunting on another's property)
Burden of Proof In civil cases, the plaintiff must prove his allegations
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Preponderance of evidence Preponderance of evidence is required to win a civil case. It must be "more likely than not" that the allegations in the complaint are true.
Beyond a reasonable doubt Beyond a reasonable doubt is the standard of proof required in most criminal cases within an adversarial system. The finder of fact must be "firmly convinced" of the defendant's guilt.
Double jeopardy being tried twice for the same offense
Opening statement A summary of what the attorney plans to prove
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Case-in-chief Calling and questioning of witnesses, Introduction of evidence. Comes after the opening statements
Motion for a directed verdict Used when there are insufficient facts to have any verdict other than the one requested.
Summation A speech by each attorney after all evidence has been offered. Designed to persuade the jury.
Jury instructions Happens after the summation. The judge instructs the jury on the law that must be applied to the facts that the jury decides are true. "If you decide that X facts are true, then he is guilty of this."
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Judgment N.O.V. When the judge renders a contrary judgment than the jury because the jury verdict was deemed wrong as a metter of law.
Judgment debtor A losing defendant who doesn't pay what he owes
Judgment creditor One who has won a judgment but has not yet been paid
Writ of execution A writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. It is an order from the court directing the sheriff to garnish (confiscate) property of the defendant
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Order of examination A court ordered inquiry about the judgment debtor's assets
Republic A republic government is a type of government where the citizens choose the leaders of their country and the people (or at least a part of its people) have an impact on its government.
The Constitution was written ___ years after the Declaration of Independence 11
The only federal officials that are not elected directly? President and Vice president. Elected by the electoral college.
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Positive law A positive law is any law enacted by the sovereign (supreme power), and deemed necessary to regulate an ordered society.
Line-item vetoes partial vetoes. i.e. if president approves most of the budget but vetoes one part. The president can NOT do line-item vetoes.
Legislative branch Makes laws. Is bicameral (2 parts) - Senate: upper house, 100 members, 2 from each state. HoR: lower house, 435 seats allocated to states by population
Executive branch President. Presidential powers: Commander in chief of the U.S. army, making treaties (with 2/3 Senate vote),
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In Bakke case, two types of tests Threshold test: Is the state's reason for aff action valid? --> Is there a valid governmental objective? is there a compelling state interest? Reasonably related to public purpose? Yes to all. Balancing test: Does the good outweigh the bad? diverse student body. makes up for past discrimination
In a judges decision fluff is "dictum", important stuff is "holding"
Judicial branch Courts. Courts authorize subpoenas. Federal judges can only be removed by death, retirement, or impeachment.
Commerce Clause Congress has the power to regulate any activity, interstate or intrastate, that affects interstate commerce.
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Due Process Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Fundamental Fairness.
Equal protection The protection against unfair discrimination
Incorporation Doctrine Under the incorporation doctrine, certain provisions of the Bill of Rights now also apply to the states, by virtue of the due process clause of the Fourteenth Amendment of the Constitution. With the "gitlow v. New York" decision of 1925, the S.C. announced that free speech (1st A) is one of the fundamental rights protected by due process from impairment by the states.
Exclusionary rule Any evidence obtained in an unlawful search doesn't count.
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Compulsory process The court must use its legal powers to obtain witnesses for the defense of an accused person (6th A)
Are judges in WA state elected or appointed? elected.
Holding vs Dictum Holding: the binding part of stare decisis. Binding to future judges. Dictum: "fluff". Speculation. Not binding to future judges, but can be used in arguments.
Who is the plaintiff in every criminal case? The U.S. government
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The trial determines _____, the judge determines ______ The facts; the law
How many appeals are you guaranteed/ is your right? One appeal is your guaranteed right. Additional appeals are discretionary. Exception: death penalty cases
In personam jurisdiction The court's power over a defendant
In Rem jurisdiction The power the court has over someone's property/real estate
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subject matter jurisdiction Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. Jurisdiction by seriousness (money wise) of subject matter.
How many court systems are there in the U.S.? 52. 50 states + DC + federal.
When is a case "at issue"? after the complaint and answer.
Types of answer (counterclaim, crossclaim, 3rd party complaint) Counterclaim: The defendant makes a claim back to the plaintiff. ("He owes ME money!") Crossclaim: If A sues B and C, then B sues C. When one defendant makes a claim against an existing defendant 3rd party complaint: The defendant brings in a 3rd party and makes a claim against them. "If i have to pay, money should come from them!"
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Demurrer Motion to dismiss. Often part of the answer. "No basis for suit"
Alternative dispute resolution (ADR) mediaiton and arbtration
The purpose of discovery? To determine the facts, promote compromise, and to avoid surprises at trial.
Motion for Summary judgment If facts are clear and agreed upon, then the judge only has to determine the law to apply.
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Amicus Curiae "Friend of the court". When the outcome of a case may establish precedent for your situation, you may be given amicus curiae status to be part of the case and voice your opinion.
Bills of attainder A bill of attainder is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. Is not allowed.
Ex post facto laws A law that is made after the wrong is done. You CANNOT be punished for violating a law that did not exist when you committed the act.
Recall A power of the people to remove certain gov't officials from office. Often happens to school district members.
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What evidence was used to analyze the Bakke case? The 14th amendment. NOT the civil rights act.
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 Complaintstates the facts that justify your claim for a lawsuit, the basis for suing, and the request for damages / other relief
 SummonsA notice of lawsuit, delivered to the defendant along with a copy of the complaint.
 Process serverSomeone in the business of serving people with legal documents (summons and complaint)
 Cause of actionA legally appropriate basis for suing
 AnswerThe defendant's response to the summons.
 PleadingsThe summons and complaint together are called the pleadings.
 Motion to dismiss (demurrer)AKA "So what?" motion. If used, it is in place of the answer. Used when the defendant's actions, even if true, did not break a law or breach a legal duty.
 Default judgmentWhen the plaintiff wins the case by default, because the defendant didn't respond to the summons
Ex parte trial: a one party trial
 AccusationHow one starts a criminal case. It formally charges a person with commission of a particular crime
 An informationan accusation (a formal criminal charge) issued by the district attorney
 An indictmentAn accusation (a formal criminal charge) issued by a grand jury.
 DiscoveryA process that uses methods to learn facts about the dispute before the trial begins.
 DepositionsQuestioning of a witness before the trial, under oath
 InterrogatoriesWritten questions directed to a party, who replies with written answers, under oath.
 Motion to produceCompels the opposing party to provide specific, relevant evidence.
 SubpoenaA written order for a person to appear in court and testify as a witness
 Subpoena duces tecumAn order for a witness to bring specified evidence.
 Privilege against incriminationThe defendant cannot be compelled to testify against himself in a criminal case (5th amendment)
 Motion for summary judgmentIf there are no significant questions as to the facts of the case, the moving party can be awarded judgment. If the motion is granted, there is no full trial.
 Pre trial hearingOccurs after the discovery process. It is a conference b/w the lawyers and the judge to identify the matters in dispute and plan the course of the trial
 Plea bargainThe defendant admits to guilt of a lesser offense than he was charged with, and gets a less harsh punishment
 Questions of fact vs questions of lawQ's of fact: historical events that must be proved to win a lawsuit. Q's of law: the appropriate legal rules to be applied in the trial
 Jury nullificationJury nullification occurs when a jury in a criminal case gives a not guilty verdict to a defendant despite the weight of evidence against him. The judge can NOT overturn this decision.
 Voir direThe questioning of prospective jurors to determine any possible bias.
 Peremptory challengeDismissal of a juror for an undisclosed reason. Each side in a case gets a limited number of peremptory challenges.
 Jury sizeFederal criminal cases: 12. Federal civil cases: 6. State court: 6-12
 Jury vote requiredIn criminal case, usually a unanimous vote is required. In civil cases, 3/4 vote (9 of 12) required, except in federal cases, where a unanimous vote is required
 EquityA form of relief other than law used to obtain non-monetary relief. There is no equity in criminal cases. There is no jury in equity cases.B
 Specific performanceA form of equity relief. Forces one to carry out an action, or perform a specific act, e.g. to finish what they started
 RecissionIn contract law, rescission (also called overturning) has been defined as the unmaking of a contract between parties. Rescind an agreement to sell one's home due to undue influence from a relative
 InjunctionA form of equitable remedy. Prevents someone from doing something. (e.g. hunting on another's property)
 Burden of ProofIn civil cases, the plaintiff must prove his allegations
 Preponderance of evidencePreponderance of evidence is required to win a civil case. It must be "more likely than not" that the allegations in the complaint are true.
 Beyond a reasonable doubtBeyond a reasonable doubt is the standard of proof required in most criminal cases within an adversarial system. The finder of fact must be "firmly convinced" of the defendant's guilt.
 Double jeopardybeing tried twice for the same offense
 Opening statementA summary of what the attorney plans to prove
 Case-in-chiefCalling and questioning of witnesses, Introduction of evidence. Comes after the opening statements
 Motion for a directed verdictUsed when there are insufficient facts to have any verdict other than the one requested.
 SummationA speech by each attorney after all evidence has been offered. Designed to persuade the jury.
 Jury instructionsHappens after the summation. The judge instructs the jury on the law that must be applied to the facts that the jury decides are true. "If you decide that X facts are true, then he is guilty of this."
 Judgment N.O.V.When the judge renders a contrary judgment than the jury because the jury verdict was deemed wrong as a metter of law.
 Judgment debtorA losing defendant who doesn't pay what he owes
 Judgment creditorOne who has won a judgment but has not yet been paid
 Writ of executionA writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. It is an order from the court directing the sheriff to garnish (confiscate) property of the defendant
 Order of examinationA court ordered inquiry about the judgment debtor's assets
 RepublicA republic government is a type of government where the citizens choose the leaders of their country and the people (or at least a part of its people) have an impact on its government.
 The Constitution was written ___ years after the Declaration of Independence11
 The only federal officials that are not elected directly?President and Vice president. Elected by the electoral college.
 Positive lawA positive law is any law enacted by the sovereign (supreme power), and deemed necessary to regulate an ordered society.
 Line-item vetoespartial vetoes. i.e. if president approves most of the budget but vetoes one part. The president can NOT do line-item vetoes.
 Legislative branchMakes laws. Is bicameral (2 parts) - Senate: upper house, 100 members, 2 from each state. HoR: lower house, 435 seats allocated to states by population
 Executive branchPresident. Presidential powers: Commander in chief of the U.S. army, making treaties (with 2/3 Senate vote),
 In Bakke case, two types of testsThreshold test: Is the state's reason for aff action valid? --> Is there a valid governmental objective? is there a compelling state interest? Reasonably related to public purpose? Yes to all.

Balancing test: Does the good outweigh the bad? diverse student body. makes up for past discrimination
 In a judges decisionfluff is "dictum", important stuff is "holding"
 Judicial branchCourts. Courts authorize subpoenas. Federal judges can only be removed by death, retirement, or impeachment.
 Commerce ClauseCongress has the power to regulate any activity, interstate or intrastate, that affects interstate commerce.
 Due ProcessDue process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. Fundamental Fairness.
 Equal protectionThe protection against unfair discrimination
 Incorporation DoctrineUnder the incorporation doctrine, certain provisions of the Bill of Rights now also apply to the states, by virtue of the due process clause of the Fourteenth Amendment of the Constitution. With the "gitlow v. New York" decision of 1925, the S.C. announced that free speech (1st A) is one of the fundamental rights protected by due process from impairment by the states.
 Exclusionary ruleAny evidence obtained in an unlawful search doesn't count.
 Compulsory processThe court must use its legal powers to obtain witnesses for the defense of an accused person (6th A)
 Are judges in WA state elected or appointed?elected.
 Holding vs DictumHolding: the binding part of stare decisis. Binding to future judges.
Dictum: "fluff". Speculation. Not binding to future judges, but can be used in arguments.
 Who is the plaintiff in every criminal case?The U.S. government
 The trial determines _____, the judge determines ______The facts; the law
 How many appeals are you guaranteed/ is your right?One appeal is your guaranteed right. Additional appeals are discretionary. Exception: death penalty cases
 In personam jurisdictionThe court's power over a defendant
 In Rem jurisdictionThe power the court has over someone's property/real estate
 subject matter jurisdictionSubject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. Jurisdiction by seriousness (money wise) of subject matter.
 How many court systems are there in the U.S.?52. 50 states + DC + federal.
 When is a case "at issue"?after the complaint and answer.
 Types of answer (counterclaim, crossclaim, 3rd party complaint)Counterclaim: The defendant makes a claim back to the plaintiff. ("He owes ME money!")
Crossclaim: If A sues B and C, then B sues C. When one defendant makes a claim against an existing defendant
3rd party complaint: The defendant brings in a 3rd party and makes a claim against them. "If i have to pay, money should come from them!"
 DemurrerMotion to dismiss. Often part of the answer. "No basis for suit"
 Alternative dispute resolution (ADR)mediaiton and arbtration
 The purpose of discovery?To determine the facts, promote compromise, and to avoid surprises at trial.
 Motion for Summary judgmentIf facts are clear and agreed upon, then the judge only has to determine the law to apply.
 Amicus Curiae"Friend of the court". When the outcome of a case may establish precedent for your situation, you may be given amicus curiae status to be part of the case and voice your opinion.
 Bills of attainderA bill of attainder is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. Is not allowed.
 Ex post facto lawsA law that is made after the wrong is done. You CANNOT be punished for violating a law that did not exist when you committed the act.
 RecallA power of the people to remove certain gov't officials from office. Often happens to school district members.
 What evidence was used to analyze the Bakke case?The 14th amendment. NOT the civil rights act.
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