Class1 : Introduction to Liability

Question 1

What is liability in law

Answer 1

legal responsibility an individual or organization owes to the State or another, enforceable by either civil or criminal law.

Question 2

What are the two primaries forms of liability

Answer 2

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.

Question 3

Where does liability come from

Answer 3

From government which includes international, national, state, and local entities

Question 4

the 3 levels of government in the United Staes

Answer 4

1- Federal government or Central Government
2- States governments - 50 states and territories
3- Local governments - Cities, counties, towns ..

Question 5

When is a government is referred as federal ?

Answer 5

When power is shared between a central government and individual states/districts/etc.

Question 6

What is important to know when discussing liability

Answer 6

The level of government being discussed.

Question 7

What decides what each level of government can do?

Answer 7

The constitution decides what each level of government can do

Question 8

What is a constitution

Answer 8

A written document setting out the formation, function, and boundaries for a government.

Question 9

The enumerated powers of congress

Answer 9

The list of areas in which the federal government is allowed to act.

Question 10

Artcle I

Answer 10

Contains the enumerated powers given to congress to regulate :

• *Interstate and foreign commerce,
• *taxes,
• *immigration,
• *Bankruptcy,
• *Money,
• *Patents,
• *Federal courts,
• *Military,
• *District of Columbia

Question 11

State contitution

Answer 11

Each State has its own constitution. Everything a state does is based on its own constitution or required by us constitution.

Question 12

Branches for EACH level of government

Answer 12

1- Legislative (passes statutes)
2- Judicial (resolves disputes, interprets law)
3-Executive (enforces the law)

Question 13

Executive function on :

Answer 13

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

Question 14

Legislative function on :

Answer 14

1- Executive branch : Draft Administrative regulations
2- Legislative Branch : Draft Statues
3- Judicial Branch : Draft court rules

Question 15

Judicial function on

Answer 15

1- Executive branch : Conduct Administrative Hearings
2- Legislative Branch : Impeachment Proceedings
3- Judicial Branch : Apply and interpret law in a courtroom

Question 16

What are the 3 basic type of law and what branch create them?

Answer 16

1- Administrative law created by Executive
2- Statutory law created by Legislative
3- Case law by the Judicial

Question 17

What is Administrative Law

Answer 17

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

Question 18

What is a statutory law

Answer 18

A law that is established by legislature and that is formally written and established.

Question 19

Case law

Answer 19

When the Judicial validates a law of the land, it becomes case law.

Question 20

Court System in the US

Answer 20

There are two primary court system:
1- Federal Court
2- The State Courts

Question 21

What does Federal court handle mostly

Answer 21

US constitution issues, federal law, issues involving federal government and military, dispute between states, dispute between parties in different states.

Question 22

What does states courts handle?

Answer 22

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.

Question 23

Composition of each court system

Answer 23

** 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.

Question 24

—-Chain of command for federal system court

—Precedent

Answer 24

• *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.

Question 25

Common law

Answer 25

Body of law based of courts and rules of society pre-dating the establishment of the U.S.

MD laws come from common law. There is no federal common law.

Question 26

Law created by each branch of a local government

Answer 26

• • Executive Branch : City Agency Rules
• • legislative Branch : City Ordinances
• • Judicial Branch : Local Court Rules

Question 27

Law created by each branch of a state government

Answer 27

• • Executive Branch : State Agency Rules
• • legislative Branch : State Statutes
• • Judicial Branch : State Case Law, State Constitution and law

Question 28

Types of liability when the government is involved

Answer 28

Criminal and Civil liability.

Question 29

Criminal liability and type

Answer 29

Legal responsibility owed to the government that is enforceable through a criminal case.

Type of criminal liability is : Sentence, imprisonment, fine, death penalty etc.

A probation is a suspension of a sentence when certain conditions are meet.

Standard of proof : Beyond a reasonable doubt

Question 30

Civil liability

Answer 30

A legal responsibility owed to the State or to another party that is enforceable through a law suit.

Type of liability : monetary compensation, restitution, enforcement of contract…

Standard of proof is preponderance of the evidence ( means that the evidence supports more than a 50/50 belief that the allegation is supported).

Question 31

Liability unique to digital context

Answer 31

Hacking, computer fraud, electronic harassment

Question 32

Law created by each branch of a federal government

Answer 32

• • Executive Branch : Federal Agency Rules
• • legislative Branch : Federal Statutes Statutes
• • Judicial Branch : State Case Law, State Constitution and law