Civil Law
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source of law = statute or common law
who brings suit = individual or entity that suffered harm
burden of proof = preponderance of the evidence
remedy = usually damages but also judicial decree forcing performance or
forbidding activity
nature = provide compensation or other relief
Conspiracy
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, An agreement by two or more persons to commit a crime
Police Powers
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Government powers, including the areas of public safety, health, welfare,
and morals, which are traditionally domains that are regulated by state
government
Superceding Cause
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Unforeseeable to tortfeasor
Absolves liability for harms attributable
Rational Basis
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Governmental action is constitutional under the equal protection clause
where legislation is reasonably related to a legitimate purpose of
government
Where government regulation is based on social welfare and economic
matters
,Where does the Dormant Commerce Clause come from?
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It is only used when Congress is legislatively silent on a matter. It was not
actually enumerated in the Constitution, but it is the result of case
interpretation and application of precedents from the Supreme Court itself.
The central rationale of it is to prohibit state or municipal laws whose object
is local economic protectionism.
Commercial Speech
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Speech that relates to a business transaction (Some commercial speech,
primarily speech that misleads, receives no protection from the First
Amendment. Other types of commercial speech receive an intermediate
level of protection.)
Intentional Torts
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Involves interference with the personal freedom of an individual (assault,
battery, false imprisonment, mental distress), interference with property
rights (trespass to land, trespass to chattels, conversion), interference with
economic relations (intentional interference with a contractual relationship,
intentional interference with a business relationship), and wrongful
communications (defamation, slander, libel, invasion of privacy)
, Open Government Act
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Requires that each agency designate a FOIA Public Liaison to assist in
resolving disputes, that all agencies standardize annual reporting
requirements for each agency's FOIA program, and that agencies specify
the exact exemption they are asserting for any deletion make in disclosed
documents
Right
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The phrase legal right is a correlative of the phrase legal duty
A person has a legal right if, upon the breach of the corresponding legal
duty, that person can secure a remedy in a judicial proceeding
Castle Doctrine
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Modifies the duty to retreat in some circumstances by saying that
reasonable force can be used to meet equivalent force against an intruder
challenging one's lawful right to be in a private place:
1. excessive force does not apply
2. intruder must be acting unlawfully
3. there must be a reasonable apprehension of bodily harm
4. no baiting, entrapment, or inducement to intruder
5. statutory modifications - stand your ground (public spaces)
Prohibits man-made death traps: mechanical means of delivery of deadly
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source of law = statute or common law
who brings suit = individual or entity that suffered harm
burden of proof = preponderance of the evidence
remedy = usually damages but also judicial decree forcing performance or
forbidding activity
nature = provide compensation or other relief
Conspiracy
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, An agreement by two or more persons to commit a crime
Police Powers
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Government powers, including the areas of public safety, health, welfare,
and morals, which are traditionally domains that are regulated by state
government
Superceding Cause
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Unforeseeable to tortfeasor
Absolves liability for harms attributable
Rational Basis
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Governmental action is constitutional under the equal protection clause
where legislation is reasonably related to a legitimate purpose of
government
Where government regulation is based on social welfare and economic
matters
,Where does the Dormant Commerce Clause come from?
Give this one a try later!
It is only used when Congress is legislatively silent on a matter. It was not
actually enumerated in the Constitution, but it is the result of case
interpretation and application of precedents from the Supreme Court itself.
The central rationale of it is to prohibit state or municipal laws whose object
is local economic protectionism.
Commercial Speech
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Speech that relates to a business transaction (Some commercial speech,
primarily speech that misleads, receives no protection from the First
Amendment. Other types of commercial speech receive an intermediate
level of protection.)
Intentional Torts
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Involves interference with the personal freedom of an individual (assault,
battery, false imprisonment, mental distress), interference with property
rights (trespass to land, trespass to chattels, conversion), interference with
economic relations (intentional interference with a contractual relationship,
intentional interference with a business relationship), and wrongful
communications (defamation, slander, libel, invasion of privacy)
, Open Government Act
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Requires that each agency designate a FOIA Public Liaison to assist in
resolving disputes, that all agencies standardize annual reporting
requirements for each agency's FOIA program, and that agencies specify
the exact exemption they are asserting for any deletion make in disclosed
documents
Right
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The phrase legal right is a correlative of the phrase legal duty
A person has a legal right if, upon the breach of the corresponding legal
duty, that person can secure a remedy in a judicial proceeding
Castle Doctrine
Give this one a try later!
Modifies the duty to retreat in some circumstances by saying that
reasonable force can be used to meet equivalent force against an intruder
challenging one's lawful right to be in a private place:
1. excessive force does not apply
2. intruder must be acting unlawfully
3. there must be a reasonable apprehension of bodily harm
4. no baiting, entrapment, or inducement to intruder
5. statutory modifications - stand your ground (public spaces)
Prohibits man-made death traps: mechanical means of delivery of deadly
