Chapter 3 Pre-Law 100 Study Guide

Chapter 3 Pre-Law 100 Study Guide - categorize criminal...

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1. What are the three major ways that attorneys categorize law? 2. What is the difference between substantive and procedural law? 3. In terms of the harm caused, what is the difference between civil and criminal law? 4. What is federalism? 5. What is the doctrine of implied powers? 6. What is preemption? 7. Be familiar with the following concepts: a. plaintiff b. defendant c. standards of proof 1. beyond a reasonable doubt 2. preponderance of the evidence 3. clear and convincing evidence 8. What factors are to be considered in determining which standard should be applied, and why in this particular case did the court utilize a particular standard? 9. What is the difference between monetary versus equitable relief? 10. What is double jeopardy? 11. What are the descriptions typically used to
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Unformatted text preview: categorize criminal offenses? 12. What is the difference between a felony and a misdeameanor? 13. Be able to identify and define the following terms: mens rea/actus reus/defense/cause of action/negligence/affirmative defense/sovereign immunity/contract/consideration/property law/real property/personal property/tort law/intentional tort/contributory negligence/assumption of risk/comparative negligence/strict liability/ statute of limitations. 14. Be able to identify and explain different types of damages. 15. What are some areas of law that are preempted by the federal government? 16. What must be present for a contract to be valid? 17. What is the basic difference between a contract and a gift?...
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