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Questions and Answers
What is the body of civil law associated with harm caused to plaintiffs by the action or inaction of defendants?
What is the body of civil law associated with harm caused to plaintiffs by the action or inaction of defendants?
Tort Law
What is the minimal number of parties required to have a contract?
What is the minimal number of parties required to have a contract?
Two
What legal requirement refers to the person whom the law recognizes as capable of being a party to a contract?
What legal requirement refers to the person whom the law recognizes as capable of being a party to a contract?
Legal Capacity
What is the act of both parties to a contract agreeing to the terms and indicating this assent?
What is the act of both parties to a contract agreeing to the terms and indicating this assent?
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A contract's purpose must be lawful and not violate any applicable laws. What is the name of this element of a contract?
A contract's purpose must be lawful and not violate any applicable laws. What is the name of this element of a contract?
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When the terms of a contract are not met, what has occurred?
When the terms of a contract are not met, what has occurred?
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What are the elements of a contract?
What are the elements of a contract?
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What body of law is created by administrative agencies under the powers granted to them by Congress and is also known as regulatory law?
What body of law is created by administrative agencies under the powers granted to them by Congress and is also known as regulatory law?
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What right is defined as a limited right to use another's real property for a specific purpose and time period?
What right is defined as a limited right to use another's real property for a specific purpose and time period?
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What is the temporary transfer of possession of personal property to another for a particular purpose?
What is the temporary transfer of possession of personal property to another for a particular purpose?
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What is a failure to act with the appropriate level of care?
What is a failure to act with the appropriate level of care?
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What is the level of care expected from the reasonable person, which is required to avoid committing a negligent act and being civilly liable in tort law?
What is the level of care expected from the reasonable person, which is required to avoid committing a negligent act and being civilly liable in tort law?
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What is a form of civil law that governs the conduct of business, which deals with the enforceability of private agreements between individuals and between organizations?
What is a form of civil law that governs the conduct of business, which deals with the enforceability of private agreements between individuals and between organizations?
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What body of civil law deals with the right of ownership or possession of an item, which may be real, personal, or intangible?
What body of civil law deals with the right of ownership or possession of an item, which may be real, personal, or intangible?
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What category of civil law involves marriage, child custody, and other issues arising in personal relationships?
What category of civil law involves marriage, child custody, and other issues arising in personal relationships?
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What is the philosophy of punishment exemplified by the 'eye for an eye' concept, where punishment must match the degree of harm inflicted on the victim?
What is the philosophy of punishment exemplified by the 'eye for an eye' concept, where punishment must match the degree of harm inflicted on the victim?
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What philosophy of punishment is justified by the inability of incarcerated criminals to victimize people outside the prison walls?
What philosophy of punishment is justified by the inability of incarcerated criminals to victimize people outside the prison walls?
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What philosophy of punishment seeks to restore criminals to constructive activity through treatment programs designed to change thinking patterns?
What philosophy of punishment seeks to restore criminals to constructive activity through treatment programs designed to change thinking patterns?
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What philosophy of punishment relies on concrete programming, such as job training and education, designed to prepare criminals to reenter the free community as well equipped as possible to avoid committing future crimes?
What philosophy of punishment relies on concrete programming, such as job training and education, designed to prepare criminals to reenter the free community as well equipped as possible to avoid committing future crimes?
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What body of law encompasses aspects of law that focus on protecting the natural environment, human health, and natural resources?
What body of law encompasses aspects of law that focus on protecting the natural environment, human health, and natural resources?
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What legal principle is the civil law analogue of the prohibition against double jeopardy?
What legal principle is the civil law analogue of the prohibition against double jeopardy?
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What are monetary awards beyond compensation that are designed to punish the defendant and to deter others?
What are monetary awards beyond compensation that are designed to punish the defendant and to deter others?
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What type of damages are referred to as actual damages, intended to restore the plaintiff to their pre-injury condition?
What type of damages are referred to as actual damages, intended to restore the plaintiff to their pre-injury condition?
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What are noncriminal offenses such as truancy and ungovernable that apply only to individuals whose status is that of a juvenile?
What are noncriminal offenses such as truancy and ungovernable that apply only to individuals whose status is that of a juvenile?
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What term is used to describe young people under the age of 18?
What term is used to describe young people under the age of 18?
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What approach to criminal justice aims to repair the harm done with an agreeable restorative solution?
What approach to criminal justice aims to repair the harm done with an agreeable restorative solution?
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What are trial courts with limited jurisdiction, trial courts with general jurisdiction, appellate courts, and the state supreme court?
What are trial courts with limited jurisdiction, trial courts with general jurisdiction, appellate courts, and the state supreme court?
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What is a court order compelling a public official to do their duty?
What is a court order compelling a public official to do their duty?
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What is the supposed preventive effect of punishment on those who have witnessed it but not experienced it?
What is the supposed preventive effect of punishment on those who have witnessed it but not experienced it?
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What is the supposed preventative effect of imposed punishment on the future behavior of the person punished?
What is the supposed preventative effect of imposed punishment on the future behavior of the person punished?
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What is any action that influences conduct toward conformity, whether or not the persons being influenced are aware of the process?
What is any action that influences conduct toward conformity, whether or not the persons being influenced are aware of the process?
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What is any consensual act that offends the moral standards of the community that has defined the act as worthy of condemnation and legal control? Example: Prostitution, gambling.
What is any consensual act that offends the moral standards of the community that has defined the act as worthy of condemnation and legal control? Example: Prostitution, gambling.
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What legal test is used to determine the constitutional validity of a law, where the government's interest is balanced against the individual's constitutional right to be free of the law in question?
What legal test is used to determine the constitutional validity of a law, where the government's interest is balanced against the individual's constitutional right to be free of the law in question?
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What are the first 10 Amendments to the US Constitution?
What are the first 10 Amendments to the US Constitution?
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What constitutional principle holds that laws must protect substantive rights, such as the right to possess, say, or do certain things?
What constitutional principle holds that laws must protect substantive rights, such as the right to possess, say, or do certain things?
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What is the power of the courts to examine a law to determine whether it is constitutional?
What is the power of the courts to examine a law to determine whether it is constitutional?
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What is the form of justice concerned with how a political entity, such as a nation, distributes its resources?
What is the form of justice concerned with how a political entity, such as a nation, distributes its resources?
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What type of justice basically demands economic equality in addition to legal and political equality?
What type of justice basically demands economic equality in addition to legal and political equality?
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What type of justice involves the fair treatment and meaningful involvement of all people, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies?
What type of justice involves the fair treatment and meaningful involvement of all people, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies?
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What refers to any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time?
What refers to any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time?
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What view of the US Supreme Court maintains that it can be more effective than other government branches in bringing about social change because it is free of election concerns and can act in the face of public opposition?
What view of the US Supreme Court maintains that it can be more effective than other government branches in bringing about social change because it is free of election concerns and can act in the face of public opposition?
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What view of the US Supreme Court maintains that it can rarely produce significant social change because its practical powers are limited?
What view of the US Supreme Court maintains that it can rarely produce significant social change because its practical powers are limited?
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What is the ability to command compliance with rules despite the lack of objective means to compel it?
What is the ability to command compliance with rules despite the lack of objective means to compel it?
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What is a type of authority that rests on long-standing usage and custom?
What is a type of authority that rests on long-standing usage and custom?
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What is a type of authority underlain by mythical, quasi-supernatural qualities?
What is a type of authority underlain by mythical, quasi-supernatural qualities?
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What is a form of authority derived from rules rationally and legally enacted?
What is a form of authority derived from rules rationally and legally enacted?
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What philosophy maintains that judges must seek to discover and adhere to the 'original intent' of the Framers of the US Constitution when making decisions?
What philosophy maintains that judges must seek to discover and adhere to the 'original intent' of the Framers of the US Constitution when making decisions?
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What describes the Constitution as a document that evolves over time, alongside societal morals and beliefs?
What describes the Constitution as a document that evolves over time, alongside societal morals and beliefs?
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What is the accusation made against judges when it is believed they have decided a case based on principles other than constitutional ones?
What is the accusation made against judges when it is believed they have decided a case based on principles other than constitutional ones?
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What are the basic features of common law?
What are the basic features of common law?
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What are the basic features of Islamic law?
What are the basic features of Islamic law?
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What is an essay published in 1859 by the English philosopher John Stuart Mill, which applied Mill's ethical system of utilitarianism to society and state?
What is an essay published in 1859 by the English philosopher John Stuart Mill, which applied Mill's ethical system of utilitarianism to society and state?
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Flashcards
Tort Law
Tort Law
A body of civil law dealing with harm caused by someone's actions or inaction.
Two-party Contract Requirement
Two-party Contract Requirement
A valid contract needs at least two parties who are legally capable of creating and agreeing to the contract.
Legal Capacity in Contracts
Legal Capacity in Contracts
Only those recognized by law as capable of entering contracts can sign them.
Assent in Contracts
Assent in Contracts
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Legality of Contract Purpose
Legality of Contract Purpose
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Breach of Contract
Breach of Contract
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Elements of a Contract
Elements of a Contract
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Administrative Law
Administrative Law
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Easement
Easement
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Bailment
Bailment
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Negligence
Negligence
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Ordinary Care
Ordinary Care
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Contract Law in Civil Law
Contract Law in Civil Law
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Property Law in Civil Law
Property Law in Civil Law
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Family Law in Civil Law
Family Law in Civil Law
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Retribution in Punishment
Retribution in Punishment
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Incapacitation in Punishment
Incapacitation in Punishment
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Rehabilitation in Punishment
Rehabilitation in Punishment
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Reintegration in Punishment
Reintegration in Punishment
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Environmental Law
Environmental Law
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Res Judicata
Res Judicata
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Punitive Damages
Punitive Damages
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Compensatory Damages
Compensatory Damages
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Status Offenses
Status Offenses
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Juveniles in the Legal System
Juveniles in the Legal System
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Restorative Justice
Restorative Justice
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Ohio Courts
Ohio Courts
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Writ of Mandamus
Writ of Mandamus
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General Deterrence
General Deterrence
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Specific Deterrence
Specific Deterrence
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Social Control
Social Control
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Vice Crimes
Vice Crimes
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Compelling Government Interest
Compelling Government Interest
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Study Notes
Tort Law
- Tort law deals with harm caused to plaintiffs by defendants' actions or inactions.
Contract Law
- A body of civil law that governs business conduct.
- It deals with the enforceability of private agreements between individuals or organizations.
Property Law
- A body of civil law that deals with the right of ownership or possession of items (real, personal, or intangible).
Family Law
- A set of laws governing marriage, child custody, and other personal relationships.
Retribution
- A philosophy of punishment where the punishment matches the harm inflicted.
Incapacitation
- A philosophy of punishment based on preventing criminals from harming others outside prison walls.
Rehabilitation
- A philosophy of punishment that aims to restore criminals to society through treatments and programs to change their thinking.
Reintegration
- A philosophy of punishment that aims to reintegrate criminals back into society by equipping them to avoid committing future crimes (ex: job training, education).
Environmental Law
- A body of law that protects the environment, human health, and natural resources.
Res Judicata
- Civil law analogue to the prohibition against double jeopardy (once a case's been through all appeals, it is decided forever).
Punitive Damages
- Monetary awards beyond compensation, designed to punish the defendant and deter others.
Compensatory Damages
- Known as actual damages, these are intended to restore the plaintiff to the condition they were in before the injury.
Status Offenses
- Non-criminal offenses (ex: truancy) that only apply to juveniles.
Juveniles
- People under the age of 18.
Restorative Justice
- An approach to criminal justice that aims to repair harm done.
Ohio Courts
- Trial courts (limited and general jurisdiction), appellate courts, and state supreme court.
Writ of Mandamus
- A court order compelling a public official to perform their duty.
General Deterrence
- The supposed preventive effect of punishment on those who witness it but haven't experienced it.
Specific Deterrence
- The preventive effect of punishment on the person punished.
Social Control
- Actions that influence conformity (whether the people are aware or not).
Vice Crimes
- Consensual acts that violate community moral standards (ex: gambling, prostitution).
Compelling Government Interest
- A legal test to determine the constitutionality of a law; balancing government interest against an individual’s constitutional right.
Due Process
- A constitutional principle that protects substantive rights (in addition to procedural rights).
Judicial Review
- The power of courts to examine laws and determine their constitutionality.
Distributive Justice
- A form of justice that deals with how a political entity distributes resources.
Social Justice
- A type of justice that demands economic and political equality along with legal equality.
Environmental Justice
- Fair treatment and meaningful involvement of all people in the development, implementation, and enforcement of environmental laws, regulations, and policies.
Social Change
- Relatively enduring alterations in social relationships, behavior patterns, values, norms, and attitudes over time.
Dynamic View of SCOTUS
- A view of the US Supreme Court that suggests it can be impactful in driving social change due to independence from political pressures.
Constrained View of SCOTUS
- A view of the US Supreme Court that suggests its abilities to enact social change are limited in practice.
Legitimacy of SCOTUS
- The ability to gain compliance with rules despite a lack of coercive force.
Traditional Authority
- Legitimacy based on long-standing usage and custom.
Charismatic Authority
- Legitimacy derived from mythical/supernatural qualities.
Rational-Legal Authority
- Legitimacy driven by rationally and legally enforced rules.
Strict Constructionism
- A philosophy that judges must discover and adhere to the original intent of the Constitution's framers.
Living Document
- The Constitution is a document that evolves with societal values and beliefs over time.
Judicial Activism
- Accusation made against judges who are seen to base decisions on principles other than constitutional ones.
Common Law
- Written, respects precedent, uses juries, uses judicial review, adversarial structure.
Civil Law
- Written, precedent not officially recognized, inquisitorial rather than adversarial, uses juries sparingly, judicial review is sparingly used.
Islamic Law
- Written, inquisitive and adversarial, no precedent, no juries, judicial review in limited cases.
"On Liberty"
- An essay that applies utilitarianism to society and the state, written by John Stuart Mill.
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Description
This quiz covers fundamental legal concepts including tort law, contract law, property law, and family law. Additionally, it discusses philosophies of punishment such as retribution, incapacitation, rehabilitation, and reintegration. Test your understanding of these essential legal principles and their implications.
