Chapter 1: Nature Of Law Flashcards
Identify the types of law.
- Constitutions
- Statutes
- Common Law
- Equity/ Equitable Remedies
Constitutes
1) Set up the structure of government
2) Prevent government from taking certain actions or passing certain laws
Statutes
Laws that are created by elected representatives
Example: Uniform Acts
Common Law
1) Made and applied by judges as they decide cases
2) Legal system where judges make decisions based on previous court rulings rather than just following written laws
Equity/ Equitable Remedies
1) Equity - fairness in law
2) Equitable remedies- special solutions courts use to make things fair when regular rules aren’t enough.
Types of Remedies
1) Injunction
2) Recission
3) Reformation
Injunction
court order that requires a party to do or refrain from doing a specific act
Recission
hitting the “undo” button on a contract, cancels the contract and puts everything back the way it was before the contract existed.
Reformation
fixes errors in contracts to match what the parties actually meant to agree on
Distinctions Between Criminal and Civil Law
Criminal Law: Maintains public order and protecting society by defining and punishing crimes.
Civil Law: Deals with disputes between individuals or entities, such as breach of contract, property disputes, or personal injury claims.
Burden of Proof
Criminal Law: “beyond a reasonable doubt”
Civil Law: “preponderance of the evidence”
Nature of Law
Criminal Law: Criminal offenses include murder, theft, assault, and drug trafficking.
Civil Law: Breach of contract, negligence, property disputes, and divorce
Stare Decisis
A rule saying courts should follow past decisions when deciding similar cases.
Precedents
Past court decisions that guide future cases.
