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Law can be defined as ________.
Most concepts of law can be grouped into one of three categories:
____ is more likely to influence ____ than vice-versa.
4 examples of morals affecting law:
3 examples of law perhaps preceding morals:
As an officer of the court, a lawyer cannot ____ or ____.
The ____ obliges a corporation’s lawyers to alert senior officers of evidence of corporate misconduct. That duty arises despite the fact that _________. If the corporate officials to whom the lawyers report fail to address the problems, then the lawyers are required to report the misconduct to the ____.
The origins of law are as obscure as the origin of society because the existence of law, in some form, is a ____.
A ____ is a collection of laws into a single, organic whole.
3 reasons for stare decisis:
1. guidance – no “reinventing the wheel” is necessary
2. stability – people can rely on the law as presently stated
3. restraint – it is a method for restraining judges in a judge-made law system
Overcoming stare decisis is rare. 6 arguments for overcoming stare decisis are:
1. changed times
2. changed attitudes and norms
3. new technology and science
4. error in the prior case
5. conflicting precedents
6. changes in statutes
The present case must be very similar to the earlier case that is supposedly a precedent. Otherwise, it is likely to be ____.
2 forms of word usage in a judicial decision:
1. ____ are the words which constitute the reason for the decision; they may serve as precedent.
2. ____ are the non-binding words – the explanation or commentary
Opinions from another state (another jurisdiction) furnish ____, but not ____. For example, courts in Florida are not bound by what a Georgia court did. They can adopt all of part of the Georgia decision, but the Florida courts do not have to do so.
Just as at the state trial court level, U.S. trial court opinions ____ other trial courts, although they may be ____.
Case precedent must be followed when these 3 things occur in both cases:
1. the question resolved in case A is the same as that to be decided in case B
2. the resolution of that question was necessary to decide case A
3. the significant facts of case A are also found in case B, with no important, additional difference facts in case B
The 6 main purposes of law are:
A criticism of the legal system is:
In Argentina, Canada, and the U.S. secondary evidence derived from evidence that was unlawfully obtained is ________.
The constitutional and other protections are for all, even the ____.
The ____ considers law as custom, tradition, what has gone before. The law seeks contradictory goals: stability and certainty (tradition) versus the need for change; there is dynamic tension between those forces.
Its emphasis is on economic efficiency and market analysis. This school concerns how law does or, if it does not, should incorporate economic efficiency, market analysis, and other economic matters.
John Austin said that positive law consists of 3 parts:
____’s proponents declare that there is something “beyond” positive law. It is controversial because, on rare occasions, proponents believe that this absolute law may have to overturn positive law.
____ is the theory that law arises from certain values or judgments that never change. These values or judgements come from an absolute source – God, reason, or nature – but humans can understand these values/judgments.
3 documents evincing Natural Law concepts are:
An example of ____ in action could be war crimes trials. Some conduct (e.g., genocide) is so beyond any sense of fairness and decency that it should be punishable at law.
Kant had a ____ view of human conduct and ethics. To judge the propriety of actions, look at obligations, not just consequences.
____ (also called the ____ approach) = the ends justify the means.
There is no ____ approach when one speaks of a community, of moral standards derived from human connections. That may be at the heart of Natural Law.
The ____ is perhaps the opposite of Natural Law.
In our Western system of law, only humans – or things that humans have created – have any legal rights. This is a ____: it is here to be used by and for humans, such to make money or to provide us sport. This is why animals have no rights.
____ believe that, to understand the law, one must understand the connection between people and the law. We have got to account for the way people really are – the way they really act and react.
To understand and predict the law, ____ believe that one must look to the players (how the rules are actually enforced), and not just the rules themselves. So one should consider people's conditioning, training, and background along with how the law is actually applied and enforced.
____ considers the fact that each individual views the law, situation, etc. through their own eyes and with their own experiences; there is discretion at every level of the criminal justice process.
A basic example of “legal realism” in action is the ____.
The Federal system and the U.S. states have constitutional provisions, statutes, rules, or court decisions that expressly or by interpretation permit ____ (handling a matter ____).
Self-help legal service providers must be careful to not give advice, in order to avoid “____” (which is nonlawyers giving legal advice).
A jury trial involves a ____ (usually __ or ____ members). Many state trials have as few as six jurors, though many still have twelve. In Florida, there are six jurors, unless a ____ or ____ is involved; then there are twelve.
____ = a bitter and abusive criticism or denunciation
____ is a jury selection process in which the judge, the prosecutor, and the defense counsel question potential jurors.
____ are extremely rare and inadvertent admissions are uncommon.
Errors with jury instructions are ________.
____ tend to dislike, and ____ like, summoning jurors from driver’s license lists because they deem it a more “pro-defendant” sample. The theory is that many more people in those larger jury pools have had negative encounters with law enforcement officers and are less likely to believe their testimony.
Empanelling a jury: jurors are not ____; they are ____.
____ work in cooperation with a lawyer during jury selection, during the actual trial, and possibly post-trial as a reviewer of the lawyer’s effectiveness with a jury. They advise lawyers on how to dress, sit, walk and talk as well as what kind of car to drive to the courtroom.
“____” challenges of potential jurors are based on contentions such as bias. Lawyers must have some proof, some basis for asserting “bias” as an excuse to dismiss a potential juror. A potential juror who is best friends with, or a relative of, or otherwise close to a lawyer for, or a party or witness to, a case is ordinarily subject to a this challenge.
____ of potential jurors can be undertaken without giving reasons. However, the U.S. Supreme Court has imposed severe restrictions on these challenges based on race or sex. If the opposing party convinces the judge(s) that racial or gender considerations motivated the other side’s exclusion of a potential juror, then a judgment can be overturned.
An approach to evaluating peremptory challenges is ____. This involves looking for the similarity, or lack thereof, in the potential jurors’ response compared to that of otherwise similar jurors who were permitted to serve. “If a persecutor’s proffered reason for striking a black panelist applies just as well to an otherwise similar nonblack who is permitted to serve, that is evidence tending to prove purposeful discrimination.”
Courts are less concerned about peremptory challenges for other reasons, such as the ____ or ____ of potential jurors. Also, the 6th amendment does not require ____ juries, but simply requires ____ juries.
Experts believe that the increase in hung juries stems not from differences over the evidence, but rather from:
Civil Law has its origins in ____. The Civil Law depends almost entirely upon (or, at least, profoundly emphasizes) systematized ____.
____ is found almost exclusively in English-speaking countries. It is law developed through court cases. It involves the use of ____ (precedent) when a case is from the same jurisdiction and is, in fact, a precedent.
Common Law principles do not change as much as the ____ do – the ____ and the ____.
In the U.S. and other common law nations, there has been a process of ____ (especially for the criminal law). Conversely, among Civil Law countries, many are tentatively adopting aspects of our common law approach and letting at least a rudimentary form of ____ develop.
The ____ is especially predominant in the U.S. Under this approach, judges ordinarily develop law more than they develop facts. The latter is for the parties, with their lawyers, to do.
The ____ is found in most Civil Law nations. It features an inquiry into the facts, directed from above, by the judge or magistrate.
____ is a special type of intangible property, arising from the creative endeavors of the human mind. This form of property is often crucial to business start-ups and to businesses’ continued success.
____ is a legal system intended to provide private rights that serve the public good (induces creativity, production improvement).
The need for ____ (usually through licensing) has grown as the result of more countries and business in the developing world demanding the technology be passed on so that they can manufacture their own high-value goods.
_____ = things specially geared towards marketing, public recognition, logos and packaging
Intellectual property protects – gives ownership over – not ideas, but ____.
____ is a type of infringement in which a product is likely to cause customer confusion about who its maker is.
____ (exclusive rights to sell) are grants – rights to charge royalties – based on the practical application of an insight.
____ can cover everything from abstract concepts to detailed designs (unlike ____).
Patent cases are ____ and ____.
Most patents (regular utility patents and plant patents) are for ____ years from when applied for. Design patents are for ____ years from the date the design patent was granted. After that time lapses, then all that was patented falls into the ____.
Compared to copyrights, ____ offer stronger protections but are much less likely to be granted than copyrights.
3 elements needed to obtain a utility patent (covering processes, machines, compositions of matter):
The ____ vests ownership in the employer for ideas developed by an employee.
The Leah-Smith America Invents Act (AIA) of 2011 changed the system from a ____ to a ____. The inventor/business has a ____ grace period to file the patent before other entities can act if it publicly discloses patent-pertinent information before a patent application is filed.
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