Exam (elaborations)
Coursera Intro to American Law Final Exam Review Verified 2024
- Course
- Institution
Coursera Intro to American Law Final Exam Review Verified 2024
[Show more]
Content preview
Coursera Intro to American Law FinalExam Review Verified 2024
acceptance - ANSWER-assent to the terms of an offer; must be judged objectively, but
can either be expressly stated or implied by the offeree's conduct
actus reus - ANSWER-the act or omissions that comprise the physical elements of a
crime as required by statute; the statutory definition of a crime pairs actus reus with
mens rea, the psychological state defining a criminal perpetrator as culpable for having
committed a crime
adverse possession - ANSWER-a doctrine under which a person in possession of land
owned by someone else may acquire valid title to it, so long as certain common law
requirements are met, and the adverse possessor is in possession for a sufficient period
of time
affirmative defense - ANSWER-a defense in which the defendant introduces evidence,
which, if found to be credible, will negate criminal or civil liability, even if it is proven that
the defendant committed the alleged acts; self-defense, entrapment, insanity, and
necessity are some examples of affirmative defenses
American Law Institute Model Penal Code (MPC) - ANSWER-the purpose of the Code
was to stimulate and assist legislatures in making a major effort to appraise the content
of the penal law by a contemporary reasoned judgement - the prohibitions it lays down,
the excuses it admits, the sanctions it employs, and the range of the authority that it
distributes and confers; since its promulgation, the Code has played an important part in
the widespread revision and codification of the substantive criminal law of the United
States
antitrust laws - ANSWER-Federal and state laws created to regulate trade and
commerce by preventing unlawful restraints, price-fixing and monopolies
arbitration - ANSWER-an alternative dispute resolution method with one or more
persons hearing a dispute and rendering a binding decision (as an alternative to going
to court)
Articles of Confederation - ANSWER-the first constitution of the U.S.
assent - ANSWER-an intentional approval of known facts that are offered by another for
acceptance, agreement or consent
battery - ANSWER-the intentional causation of harmful or offensive contact with
another's person without their consent.
, Bill of Rights - ANSWER-the first ten Amendments to the Constitution, which set out
individual rights and liberties
burden of proof - ANSWER-the threshold that a party seeking to prove a fact in court
must reach in order to have that fact legally established; for example, in criminal cases,
the burden of proving defendant's guilt is on the prosecution, and they must establish
that fact beyond a reasonable doubt; in civil cases, the plaintiff has the burden of
proving his case by a preponderance of the evidence
chattel - ANSWER-a catch-all category of property mostly associated with movable
goods; at common law, chattel included all property that was not real estate and not
attached to real estate; examples included everything from leases, to cows, to clothes;
in modern usage, chattel often merely refers to tangible movable personal property
civil procedure - ANSWER-consists of the rules by which courts conduct civil trials
class action - ANSWER-a procedural device that permits one or more plaintiffs to file
and prosecute a lawsuit on behalf of a larger group, or "class."
commerce power - ANSWER-Congress has the power to regulate the channels and
instrumentalities of interstate commerce; channels refers to the highways, waterways,
and air traffic of the country; instrumentalities refers to cars, trucks, ships, and airplanes;
Congress also has power to regulate activities that have substantial effect on interstate
commerce; The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S.
Constitution which gives Congress the power "to regulate commerce with foreign
nations, and among several states, and with Indian tribes."
comparative negligence - ANSWER-a tort rule for allocating damages when both parties
are at least somewhat at fault. [new rule]
complaint - ANSWER-the pleading that atsrts a case; a document that sets forth a
jurisdictional basis for the court's power, the plaintiff's cause of action, and a demand for
judicial relief
consideration - ANSWER-something bargained for and received by a promisor from a
promisee; common types include real or personal property, a return promisee, some act
or a forebearance; required to have a contract
Constitution - ANSWER-the most fundamental law of a country or state; the supreme
law of the U.S.; empowered with the sovereign authority of the people by the framers
and the consent of the legislatures of states, it is the source of all government powers,
and also provides important limitations on the government that protect the fundamental
rights of U.S. citizens
constitutional law - ANSWER-the broad topic of law that deals with the interpretation
and implementation of a U.S. doctrine
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller CLOUND. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78252 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now