Quiz 1
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Civil Law | Body of Law that deals with wrong done to a legal person (individual or business), disputes between individuals, organizations; the claimant sues the defandant.
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| Criminal Law | Body of Law that deals with wrong done to society at large; the state prosecutor constitutes the accusation.
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| Objective of a civil lawsuit | Remedy for claimant. Verdict : liable
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| Objective of a criminal case | Punishment of the defendant. Verdict : innocent / guilty.
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| Sanction or remedies in civil law | Damages, specific performance
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| Sanction or remedies in criminal law | Punishment: fines, prison, death (in some states)
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| Damage | A word often used to mean the loss caused by an injury
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| Case Law / Common Law / Judge-made Law | Law between two private parties, looking at the decision of a court, a judge
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| Constitution | Relation between parliaments, government
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| Satuatory law / Legislative statute | Guide line, written rules made by the parliament, includint senat, other house
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| Federal popular initiative | Instrument of CH direct democracy to change the Swiss Federal Constitution. Need 100'000 valid signatures in 18 months
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| Referendum | Instrument of CH direct democracy. Mandatory when there is a change in constitution. Optional : need 50'000 valid signatures in 100 days
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| National / Domestic Law | Law applied in one country
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| International Law | Law applied in more than one country
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| Common Law Legal System | System with high importance of court decisions. Doctrine of precedent principe of stare decisis
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| Civil Law Legal System | System with high importance of written laws and where the judge is a law-interpreter
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| Courts of first instance | In the national court hierarchy, courts in which the judges are bound to the decisions coming from the judges from the 2 higher courts
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| Appeal Courts | In the national court hierarchy, court in which the judges are bound to the decisions coming from the judges from the higher court but not from the lower court.
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| Court of last resort | In the national court hierarchy, highest court. The judges are not bound to the decisions coming from the judges from the lower courts.
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| Supreme Court System | US Court structure with 1: State Trial Courts / 2: State Appeal Courts / 3: State Supreme Court
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| Federal Court System | US Court structure with 1: District Courts / 2: Courts of Appeal / 3: US Supreme Court
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| Double jeopardy | Forbids a defendant from being trie again for the same criminal offense.
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| Alternative Dispute Resolution (ADR) | Dispute resolution by third party resolution: independent, unbiased individual
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| Abritration | Agreement that a third person will make the decision. --> The decision is binding, both parties must accept it (named award). If refused --> court.
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| Arbirtrator | "private judge"
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| Mediation | Used for many civil cases. If you settle, you have more control on the decision than in court. The decision is not binding (named settlement)
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| Mediator | Works to find points of agreement, meets with each party
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| Jury | Group of people without any legal background or educaton. Non professional judges. Mostly for criminal cases. If you don't come for <...> duty, you can get arrested. In the US, it is a constitutional right. Does not exist is CH.
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| Federal Law (Branch of Law) | Laws that apply throughout the entire US in every state. Consists of the US constitution, statutes enacted by congress, treaties & presidential orders
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| State Law (Branch of Law) | Laws that apply only to specific states that have been implemented & decided on by those involved in the management of that specific state
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| Compensatory Damages | Monetary compensation for actual loss or injury
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| Punitive Damages / examplary | Amount awarded by a court to the victim of an intentional tort, in addition to other damages; designed to punish the tortfeasor and serve as an example to others
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| Nominal Damages | Insignificant amount (such as 1$) awarded by a court when the defendant has violated the rights of the plaintiff but no monetary loss has been suffered or can be proved
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| Public Law | The body of law directly concerned with public rights and obligations (constitutional, administrative, criminal and international law)
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| Public Law | The body of law regulating the rights & duties existing between private persons. Consists of civil law, labor law, competition law.
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| Parliament | Legislative body, usually elected by people
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| Amendments to the constitution | Modification to the constitution
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| To appeal | To ask for one's case to be reexamined by a new, higher court of justice
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| Defamation | Publication (communication to others) of an untrue statements that harms a person's reputation in words, pictures, gestures, and other acts
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| Precedent | A court decision on a question of law that gives authority or direction on a similar question of law in a later case with similar facts
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| Jurisdiction | Power or authority the federal governments is given to enact statutes under the US constitution
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| Judge | law person or legally qualified professional that deliver verdict and sentence. Law interpreter
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| Prosecutor | Lawyer for the state
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| Legislative power | Make the laws that govern the state
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| Executive power | Applies the laws and governs (manages) the state
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| Judicial power | Ensures that the laws are respected (which includes applying appropriate sanctions)
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| Plaintiff | The party who initiates the lawsuit (usually suffered from injury or loss)
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| Defendant | The party sued for violating law, making someone suffering an injury/loss
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| Complaint | Document issued by the plaintiff that contains allegations
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| Allegations | unproven statements that, when combined, constitue one or more claim(s) against the defendant
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| Motion | Request to a judge for relief that is made while a lawsuit is ongoing (extension of time, request to clarify the allegations in the complaint, or for dismissal of the lawsuit because the court lacks jurisdiction)
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