Bus Law Exam 1 Notes Flashcards
Rules of civil conduct commanding what is right and prohibiting what is wrong.
What is Law?
“Blackstone’s definition”
It is a governmental rule prescribing conduct and carrying a penalty for violation
What is Law?
Laws dealing with crimes and the punishment of wrong doers. IE: Laws dealing with offenses against society
Criminal law:
Is a criminal offense which is injurious to society as a whole. IE: Punishable offense against society
CRIME
-criminal offense punishable by confinement in prison or by death ie: murder, bank robbery
Felony:
Criminal offense which is neither treason nor a felony ie: speeding ticket, running a stop sign
Misdemeanor:
Legal proceedings concerned with the rights of public citizens. IE: Laws dealing with the enforcement or protection of private rights
Civil law
Types:
Tort law
Contract law
Private or civil wrong, either intentional or caused by negligence, for which there may be action for damages. IE Private wrong for which damages might be recovered.
Tort Law
Basis for Tort Liability
Intentional
Negligence
Strict Liability
Deliberate and intentional action to cause harm
INTENTIONAL
Failure to exercise ordinary care:
- -Act of omission
- -Act of commission
NEGLIGENCE
Failing to do something which a reasonable prudent person would do under ordinary circumstance……Is negligence
Act of Omission:
Doing something which a reasonable and prudent person would not do under ordinary circumstances…..Is negligence
Act of Commission:
Liability for injury regardless of negligence or intent
Strict Liability:
which seller is liable for any and all defective or hazardous products which threaten a consumer’s personal safety
Product liability
Improper or negligent professional act by a professional person
Poor embalming
Doctor leaving an instrument in ABD cavity during or after surgery
Tort Example
MALPRACTICE
Laws dealing with making contracts
Contract Law
Rules of conduct prescribed by a government and its agencies, in regulating business transactions. IE. Rules of conduct for the performance of business transactions
Business Law
Rules of conduct prescribed by a government and its agencies, in regulating transactions related to real and personal property
Property Law
Land and objects permanently attached to land
A.K.A….Real Estate: Land, buildings, fences, trees, etc
Real Property:
All property which is not real property
IE: car, furniture, jewelry, insurance, stocks, bonds, etc
Personal Property:
Sources of U.S. Law "The Pyramid of Law" Stare Decisis Case Law Ordinances Administrative Law Police Power Statutory Law Constitutional Law Common Law
Sources of U.S. Law "The Pyramid of Law" Stare Decisis Case Law Ordinances Administrative Law Police Power Statutory Law Constitutional Law Common Law
Customs which have become recognized by the courts as binding on the community.
Forms the historical foundation of the United States Law
Based on human experience and the “Common good” of all members of society
Rooted in English and early colonial law…“If it makes sense, it must be good law”
Common Law
Written document containing fundamental principles of a government
- It determines the powers and duties of a government
- Guarantees certain rights to the people
- “Law of the land”
- Examples:
- –Federal Constitution of the U.S. of America
- –Individual state constitutions
Constitutional Law
Laws enacted by legislative bodies.
AKA Statutes
Legislative bodies include federal, state, and local governments
Federal statutes: U.S. Congress
State statutes: Individual state legislatures
Statutory Law
Inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.
Mortuary law: licensure, health standards, business operations
Police power
Body of law created by federal and state administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions
Administrative Law
Appointed governmental body charged with implementing particular legislation
Occupational Safety and Health Act (OSHA)
Federal Trade Commission (FTC)
Texas Funeral Service Commission (TFSC)
Administrative Agency
Laws enacted by local municipalities
- Village, town, or city
- –Parking ordinances, No smoking in public buildings, levels of music
Ordinances
Court decisions that establish precedented principles
Laws based on a court’s interpretation of federal, state, and local laws
Determines “constitutionality” of a law
Case Laws
Principle that decisions of a court should serve as a guide or precedent and control the decision of a similar case in the future
Reliance on authority of established law
“Like Cases Are Decided In Like Manner”
Applicable to mortuary law and court cases
Stare Decisis Latin for “decision stand”
Jurisdiction: authority of a court to hear a case
Related to the subject matter and person(s) involved in a court case
Function of Courts: to interpret and apply law to a given situation
Federal Courts: Have exclusive jurisdiction over
—bankruptcy, claims against U.S., Patent & copyright cases
District Courts:
Federal (circuit) courts of appeal
U.S. Supreme court
Special courts
The Judicial Process
authority of a court to hear a case
Related to the subject matter and person(s) involved in a court case
Jurisdiction:
to interpret and apply law to a given situation
Function of Courts:
Have exclusive jurisdiction over
—bankruptcy, claims against U.S., Patent & copyright cases
Federal Courts:
District Courts:
Federal (circuit) courts of appeal
U.S. Supreme court
Special courts
Trial courts of the federal court system
- Largest class of federal courts
- Deal only with with criminal cases involving violation of federal law
- Or civil suits that meet specified criteria:
- –Cases brought by the U.S. Government
- –Cases arising under the: U.S. Constitution, Federal Laws, Treaties
District Courts
Courts that hear appeals in the federal court system
- 12 federal judicial districts
- Hear appeals from cases originating in federal district courts
- Or federal administrative agencies and departments within its circuit
- Decisions have precedence over lower courts
Federal (Circuit) Courts of Appeal
Highest court in the United States
- Court of original jurisdiction in cases involving ambassadors, public ministers, consuls, and cases in which a state is a party
- As well as cases appealed from federal courts of appeal
- Supreme decision over all lower courts
U.S Supreme Court
Order to produce the record of a case
Only such cases will be heard by the U.S. Supreme Court
Writ of Certiorari
Federal trial courts with limited jurisdiction
- Limited by laws of Congress creating them
- –Bankruptcy court, Tax court, Court of International Trade, U.S. Court of Federal Claims
Special Courts
The Judicial Process State courts: Inferior courts Courts of original general jurisdiction Appellate courts Special courts
The Judicial Process State courts: Inferior courts Courts of original general jurisdiction Appellate courts Special courts
Trial courts that hear only cases involving minor criminal offenses and disputes between citizens
AKA: District, Magistrate, County, Municipal, Small Claims, Justice, Tax Courts
Inferior Courts
Court in which a case is first heard
Maintain an official record of all proceedings
Broad jurisdiction over disputes between two or more parties
Criminal offenses against the state
Hear witnesses
Receive evidence
Try a case
AKA: Trial Court, Court of Record, Circuit Court, District Court, Superior Court
Courts of Original General Jurisdiction
Courts hearing cases appealed from lower state courts
AKA: Courts of Appeal, State Supreme Court
Appellate Courts
Courts with limited jurisdiction
AKA: Probate courts, Juvenile courts, Domestic relations courts
Special Courts
Court Procedures Civil Suit
Procedural Law: Laws specifying how actions are filed and what trial procedure to follow
Attorney/Lawyer: person licensed to represent others in court
Complaint (Petition): written request initiating a civil suit
Court Procedures Civil Suit Procedural Law: Attorney/Lawyer: Complaint (Petition): Summons (Process): Answer (Motion): Judgement: Execution:
Plaintiff vs. Defendant
Plaintiff: individual who initiates a civil action
Defendant: person against whom legal action is brought
Court Procedures Civil Suit
Procedural Law: Laws specifying how actions are filed and what trial procedure to follow
Attorney/Lawyer: person licensed to represent others in court
Complaint (Petition): written request initiating a civil suit
Court Procedures
Summons (Process): notice of complaint given to a defendant defining the complaint and a time frame in which a response, or answer, must be filed
Serves the purpose of conferring personal jurisdiction over the defendant
Answer (Motion): response of the defendant to a complaint
Judgement: decision of a court
Execution: carrying out of completion of some task
Contract: agreement between two or more competent persons (parties) which is enforceable by law
Classification of Contracts Based on: Formation Performance Enforceability
Formation
Express vs Implied
Formal vs Simple
Formation
Express vs Implied
Formal vs Simple
Parties express their intentions, either orally or in writing at the time of the agreement
AkA: Oral Contracts, Written Contracts
Express Contracts
Terms of the contract are implied by acts or conduct of the parties
AkA: Contract Implied in Fact
IE: a “first call” when the family makes the first call requesting the services of the funeral home staff
Implied Contracts
Those with a special form or produced in a certain way
Contract “under seal”
Today most contracts are “formal contracts”
AkA: Real Estate Contracts, Negotiable Instruments
Formal Contract
Any contract which is not a formal contract
Simple Contract
Classification of Contracts Performance
Unilateral vs Bilateral
Executory vs Executed (by stages)
Classification of Contracts Performance
Unilateral vs Bilateral
Executory vs Executed (by stages)
Calls for an act in consideration for a promise
One promise is given in exchange for an act
You find my lost dog; i pay you $100
Unilateral Contract
Mutual exchange of promises
Exchange a promise for a promise
You agree to buy my car for $5000
Car is yours when you give me the money
Bilateral Contracts
Terms of the contract have not been completely executed or fulfilled by the parties
Executory Contract
Those contracts in which the terms have been fulfilled by the parties
-fully performed contracts
Executed Contract
Enforceability
Valid, void, voidable, unenforceable
Enforceability
Valid, void, voidable, unenforceable
A contract which will be enforceable by the court
-contract enforceable by law
Valid Contract
Agreement with no legal effect
Contract to rob a bank
Sometimes referred to as a Void Contract
Void Agreement
Contract which would be an enforceable agreement, but due to circumstances, may be set aside by one of the parties
Party to a contract is declared “mentally incompetent”
Adult contracts with a minor
Minor contracts with another minor
Voidable Contract
Agreement which is not in the form required by law, but can be made so by the parties
-a contract that is not currently binding
Simple contract made into a formal contract
Unenforceable Contract
