Class1 : Introduction to Liability Flashcards
What is liability in law
legal responsibility an individual or organization owes to the State or another, enforceable by either civil or criminal law.
What are the two primaries forms of liability
1- Criminal: It’s instituted by the government, can result in Jail
2- Civil : It’s instituted by any party, usually results in monetary damages.
Where does liability come from
From government which includes international, national, state, and local entities
the 3 levels of government in the United Staes
1- Federal government or Central Government
2- States governments - 50 states and territories
3- Local governments - Cities, counties, towns ..
When is a government is referred as federal ?
When power is shared between a central government and individual states/districts/etc.
What is important to know when discussing liability
The level of government being discussed.
What decides what each level of government can do?
The constitution decides what each level of government can do
What is a constitution
A written document setting out the formation, function, and boundaries for a government.
The enumerated powers of congress
The list of areas in which the federal government is allowed to act.
Artcle I
Contains the enumerated powers given to congress to regulate :
- *Interstate and foreign commerce,
- *taxes,
- *immigration,
- *Bankruptcy,
- *Money,
- *Patents,
- *Federal courts,
- *Military,
- *District of Columbia
State contitution
Each State has its own constitution. Everything a state does is based on its own constitution or required by us constitution.
Branches for EACH level of government
1- Legislative (passes statutes)
2- Judicial (resolves disputes, interprets law)
3-Executive (enforces the law)
Executive function on :
1- Executive branch : Enforcing and carrying out statutes
2- Legislative Branch : enforces law on the floor of Congress,
3- Judicial Branch : and enforce law in the courthouse
Legislative function on :
1- Executive branch : Draft Administrative regulations
2- Legislative Branch : Draft Statues
3- Judicial Branch : Draft court rules
Judicial function on
1- Executive branch : Conduct Administrative Hearings
2- Legislative Branch : Impeachment Proceedings
3- Judicial Branch : Apply and interpret law in a courtroom
What are the 3 basic type of law and what branch create them?
1- Administrative law created by Executive
2- Statutory law created by Legislative
3- Case law by the Judicial
What is Administrative Law
is a body of law which governs federal and state administrative agencies, as well as the procedures these agencies must follow when making determinations, rulings, and rules
What is a statutory law
A law that is established by legislature and that is formally written and established.
Case law
When the Judicial validates a law of the land, it becomes case law.
Court System in the US
There are two primary court system:
1- Federal Court
2- The State Courts
What does Federal court handle mostly
US constitution issues, federal law, issues involving federal government and military, dispute between states, dispute between parties in different states.
What does states courts handle?
State law, traditional claims/suits, issues involving that state’s government, some dispute between parties in different states/countries.
State courts handle the overwhelming majority of both criminal and civil cases across the US.
Composition of each court system
** A trial court : The trial court is the initial court a case moves through based on jurisdiction
** An appellate court : The appellate court reviews evidence and outcomes of cases that have been settled in a lower court when one party was not satisfied with the decision
** Supreme court or court of last ressort.
—-Chain of command for federal system court
—Precedent
- *Supreme court ( Appellate)
- *United States court of Appeal for …. Circuits (Appellate)
- Districts court of the US (trial)
A precedent is a rule of law established when a court decides a case in a particular manner.
