chatgpt Flashcards
What is the law?
A set of rules established and enforced by a governing authority to regulate behavior.
What is the rule of law?
The principle that everyone, including the government, is subject to the law.
What is the natural law theory?
The idea that laws should be based on universal moral principles.
What is legal positivism?
The theory that laws are valid if created through established procedures, regardless of morality.
What is civil law?
A system of law based on codified statutes and principles.
What is common law?
A system of law based on judicial precedents rather than statutes.
What is a precedent in law?
A judicial decision used as a standard in subsequent similar cases.
* Stare Decisis: The principle of following precedents.
* Ratio Decidendi: The binding reasoning behind a court’s decision.
* Obiter Dicta: Non-binding remarks made by judges.
What is private law?
The branch of law governing relationships between individuals or groups.
What is public law?
Governs the relationship between individuals and the state.
What is corrective justice?
Ensures fairness by rectifying wrongs and compensating victims.
What is distributive justice?
Focuses on the equitable allocation of resources in society.
What is a contract?
A legally binding agreement between two or more parties.
What is a tort?
A civil wrong causing harm or loss, leading to legal liability.
What is meant my ‘offer and acceptance’?
Key elements in forming a contract, where on party offers and the accepts.
What is the ‘freedom of contract’?
The principle allowing parties to freely agree on contract terms.
What is meant by ‘capacity’ in law?
Legal ability of a party to enter into a contract.
What is a breach of contract?
Failure to fulfill contractual obligations.
What are remedies?
- Damages: Monetary compensation for losses.
- Specific Performance: Court order to fulfill the contract.
What is negligence?
Failing to act with reasonable care, causing harm to others.
what is duty of care?
Obligation to avoid harm to others.
what is breach of duty?
Failure to meet a standard of care.
What is causation?
Link between the breach and harm caused.
What is strict liability?
Liability imposed regardless of fault or negligence.
What is vicarious liability?
Employers’ responsibility for employees’ actions during employment.
