Business and Personal law Flashcards
Administrative law
Regulates the operation and procedures of government agencies.
Case law
Laws enacted by the JUDICIAL branch.
Usually made after a trial ended and one of the parties has appealed to a higher court.
Civil law
A wrong against an individual person
Jurisdiction
The power to decide a case
Liable
Responsible by law
Ordinances
Law created by a town or city council
Plaintiff
The one who sues/goes after the other party
Stare decisis
“Let the decision stand”
Doctrine that requires lower courts to follow established case law in deciding similar cases.
Statues
Laws enacted by legislative branches of state and federal level (congress)
All states delegate some legislative authority to local governments
Unconstitutional
Contrary to or failing to comply with a constitution
Appellat court
Reviews decision of lower court when a party claims there was an error.
Mediator
3rd party to help develop a solution (not legally binding)
Vicarious criminal liability
when one person is held liable for the criminal actions of someone else
Litigate
Take dispute to court
Transcript
A written or printed version of material originally presented in another medium.
Trial
Where a dispte is first heard
Verdict
Decision/outcome in a case
Age of majority
The age at which an individual will be legally considered an adult
Due process
Fair treatment through the normal judicial system, especially as a citizen’s entitlement.
Emancipation
The fact or process of being set free from legal, social, or political restrictions; liberation.
Juvenile delinquent
a young person who habitually commits criminal acts or offenses.
Bribery
Unlawfully offering or giving anything of value to influence performance.
Conspiracy
Agreement between two or more persons to commit a crime.
Contempt of court
Action that hinders the administration of justice
Crime
Punishable crime against society
Criminal intent
Intended to commit the act of do evil
Embezzlement
Theft or misappropriation of funds placed in one’s trust or belonging to one’s employer.
Extortion
Obtaining money or other property from a person by wrongful use of force, fear, or other power of office.
False pretenses
Obtaining money or other property by lying
Felony
More serious, punishable by confinement for more than a year or by a fine of $1000 or more or both
Forgery
Falsely making or materially altering a writing to defraud another
Misdemeanor
Less serious crimes, jail less than a year, fine or both
Perjury
The offense of willfully telling an untruth in a court after having taken an oath or affirmation.
White collar crimes
offenses committed in the business world and do not cause physical injury to people or physical damage to property. EX. not paying taxes
Plea bargaining
Agree to plea guilty to a less serious crim in exchange for having a more serious charge dropped.
Procedural defenses
Based on problems with the way evicdence is obtained or way an accused person is arrested, questioned, tried, or punished.
Substantive defensive
Disprove jury, or excuse, the alleged crime
EX. eye witness
Assault
One intentionally threatens to injure another
Assumption of risk
Was aware of risk and did it anyways, could not recover damages.
Comparative negligence
Both are partially at fault but whoever was more negligent pays more.
Contributory negligence
Plaintiff cannot recieve for loss caused by anothers negligence when the plaintiff was also negligent
Defamation
False statement that injures ones reputation
False imprisonment
Depriving one of freedom of movement without conesnt
Intention torts
A type of tort that can only result from an intentional act of the defendant.
Negligence
Carelessness
Tort
Private offense against an idividual, can sue for damages
Trespass
Entry onto the property of another without consent
Vicarious liability
Parents could be liable for child’s behavior
Injunction
Court order to do or not to do a particular act
Closing statement
Defendant goes first.
Summarizes evidence to persuade jury in their favor.
Defendant
The party who was complained against
Evidence
Is presented to jury
Expert witness
Posses superior knowledge about facts
Jusry instructions
Tells jury what the rules of law apply and what issues of fact they must decide.
Decides if the majority of the evidence supports the plaintiffs case.
Testimony
Given under oath by witness and expert witness
Witness
Given under oath by witness and expert witnesses
Subpoena
Written order by the judge commanding a witness to appear and give testimony.
Proximate cause
When causation is great enough to be recognized by the law
4 sources of law
Constitution, statues, case law, and administrative regulations
Civil vs. criminal law
Civil = individual
Criminal = Society
Three requirements of an offer
Contractual intent, offer must be communicated to offeree, and essential terms must be complete and definite
Three things required of an acceptance
Must be communicated to the offeree, only the one offered can accept, acceptance must match the offer
Substantive defenses
Eye witness, alibi, self-defense
Procedure for a trial with a jury (in order0)
Selection of jury
Opening statements
Presentation of evidence by plaintiff
Presentation of evidence by defendant
Closing arguments
Judge instucts jury
Jury deliberates
Verdict of jury
Judgement
Offer
Part of contract negotiations where a party agrees to do or not do something in exchange for consideration.
Acceptance
Agreement to the terms of the contract
Counteroffer
Change terms; original is terminated
Capacity
Parties must be able to contract for themselves
