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.
What is defamation?
Publishing false statements that harm reputation.
What is the difference between libel and slander?
- Libel: Written defamation.
- Slander: Spoken defamation.
What is considered ownership?
The legal right to possess and control property.
What is possession?
Physical control of property without necessarily owning it.
What is a trust?
Legal arrangement where a trustee holds property for beneficiaries.
What is intellectual property?
Legal rights over creations of the mind (e.g., patents, copyrights).
What is marriage?
A legal union between two individuals with mutual rights and obligations.
What is divorce?
The legal dissolution of a marriage.
What is custody?
Legal responsibility for a child’s care and decision-making.
What is child-support?
Financial support for a child provided by the non-custodial parent.
What is a will?
A legal document specifying the distribution of an individual’s property after death.
What is meant by ‘intestate’?
Dying without a valid will, leading to property distribution by statutory rules.
What is an executor?
Person responsible for administering a deceased’s estate.
What are the key legal systems?
Civil law system, common law system and Islamic law.
What is the civil law system?
Focuses on codified statutes and principles.
What is the common law system?
Relies on precedents and judicial decisions.
Was is Islamic law?
Based on religious principles from the Quran and Sharia
What are the 2 types of dispute resolutions?
Litigation and Alternative Dispute Resolution (ADR)?
What is litigation?
Resolving disputes through courts
What are the types alternative dispute resolution (ADR)
- Mediation: A mediator helps parties reach a voluntary settlement.
- Arbitration: A third party imposes a binding decision.
- Negotiation: Parties resolve disputes without a third party.
