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Exam 1 Flashcards

1
Q

What are our main topics?

A
  • The sources of Law
  • Criminal Law vs Civil Law
  • Found Property
  • Torts
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2
Q

What are the levels of law?

A
  • Federal
  • State
  • Local
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3
Q

What is the Federal level of law?

A

It applies to all states, under the United States Constitution that talks about organization, power and limits of the respective government.

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4
Q

What is the Constitutional Law?

A

Supreme law, basis of all law

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5
Q

What is the State level of the law?

A

It applies to a specific state. Like criminal laws

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6
Q

What is the Local level of law?

A

It applies to only a city or a county.

  • Ordinances
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7
Q

What is an Ordinance?

A

It covers matters that federal or state laws don’t. Like the city or county use of land, building and safety codes.

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8
Q

Types of Constitutions

A
  • United States Constitution
  • State Constitution
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9
Q

What is the Supreme Bill of Rights

A

It protects individual liberties

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10
Q

Mention the 10 important statements of the Bill of Rights

A
  1. Law will have to do nothing with religion
  2. The right to bear arms
  3. No soldiers quartering in houses
  4. No unreasonable searches
  5. No person should be held to answer without a jury
  6. The accused receives a public and speedy trial
  7. If something/crime is valued more than $20, the accused has right to a trial.
  8. Excessive bails or fines won’t be imposed.
  9. The rights in the Constitution won’t be retained or denied.
  10. The powers not delegated in the Constitutions are reserved to the states.
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11
Q

What is a State Constitution?

A

Each state has one. They are allowed to give more rights but no less that the ones in the United States Constitution or the Federal Laws.

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12
Q

Sovereign Immunity

A

States cannot be sued in their own courts

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13
Q

Claims Commision

A

Legislative body that collects/hear claims against the state.

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14
Q

What are Statutes?

A

Part of Statutory Law. They can be included in the federal code or relevant code of law.

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15
Q

Types of Statutes

A
  • Federal Statutes
  • State Statutes
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16
Q

What is Criminal Law?

A

A violation against society, for which society demands punishment.

Government vs. Individual

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17
Q

Burden of proof in Criminal Law

A

The defendant has to be found guilty beyond reasonable doubt.

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18
Q

Jury in Criminal Law

A

All 12 jurors must be unanimous.

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19
Q

Prosecutor in Criminal Law

A

The prosecutor has jurisdiction on what criminal charges would be applied or if any would be filed.

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20
Q

Classifications of Criminal Law

A
  • Felonies
  • Misdemeanors
  • Violations
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21
Q

What is a Felony

A

Serious heavy crimes like murdering, rape, kidnapping…

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22
Q

What is a Misdemeanor?

A

Minor crimes like the use of weed.

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23
Q

What is a Violation?

A

Speeding tickets

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24
Q

What is Civil Law?

A

All laws that address legal rights and duties between persons or between government and citizens.

Individual vs Individual

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25
What is the Burden of proof in Civil Law?
The plaintiff has to prove that the defendant is liable by preponderance of evidence, 51%.
26
Jury in Civil Law
Jury must be 9 out of 12 to reach a verdict.
27
Examples of Civil Law
Divorces, Breach of Contract, Negligence
28
Types of Found Property
- Abandoned Property - Lost Property - Mislaid Property - Treasure Trove
29
What is an Abandoned Property
Property that has been intentionally thrown away. Belongs to the finder.
30
What is Lost Property?
Property that has been involuntarily parted with, by accident. Belongs to the finder against the whole world except the original owner.
31
What is Mislaid Property?
Property was intentionally placed in a certain spot and then forgotten. Belongs to the landowner against the whole world except the owner.
32
What is a Treasure Trove?
Gold, silver, jewels, or anything antique. Belongs to the finder against the whole world except the true owner.
33
What is Torts?
Specific area of the law designed to compensate those who have suffered a loss or injury caused by anyone’s wrongful act. A person can bring a civil lawsuit to seek compensation for a wrong done to their property.
34
Types of Damages in Tort Cases:
- Compensatory Damages - Punitive Damages
35
What are Compensatory Damages?
They compensate for actual losses like Medical Bills, lost wages, pain & suffering
36
What are Punitive Damages?
To punish the defendant.
37
Areas of Torts
- Intentional - Negligence - Strict Liability
38
Intentional Torts
- Assault - Battery - False Imprisonment - Defamation - Invasion of right to privacy - Intentional infliction of emotional distress - Fraud - Trespass to land - Trespass to personal property
39
What is Assault?
Act by the defendant creating apprehension by Plaintiff of immediate harmful or offensive contact. Fear of harmful contact. If you think you’re going to be touched or hit.
40
What is battery?
Harmful or offensive contact with another person. Can have both civil and criminal consequences.
41
What is False Imprisonment?
Intentional confinement or restraint of a person without justification.
42
What is Defamation?
A false statement made by one person about another and heard by a third party.
43
Types of Defamation
- Slander - Libel - Opinion (?)
44
Three defenses for defamation
- The truth - Absolute privilege - Qualified privilege
45
What is absolute privilege?
Statement made in court
46
What is Qualified privilege?
Evaluating an employee
47
What is Invasions of privacy?
Subjecting a person to undesired publicity.
48
Types of Invasion of Privacy
- Intruding into a person’s affair - Placing a person in a false light - Appropriation of identity - Public Disclosure of private facts
49
What is Intentional Infliction of emotional distress?
Causing outrage. Acts that cannot be tolerated by society.
50
What is Fraud?
Misrepresentation of a material fact by the defendant, knowing it was false, with the intent to make plaintiff believe, and plaintiff reasonably believes. Lying to people
51
What is trespass to land?
Interfering with owner’s right to exclusive possession of land.
52
What is trespass personal property?
Conversion. When someone else steals personal property.
53
What is Negligence?
“Accidental Harm” Doing something that a reasonable person would not do, or not doing something that a reasonable person would do in similar circumstances
54
Elements that a plaintiff must prove in Negligence
- The defendant owed the plaintiff a duty of care. - The defendant breached their duty of care - The defendant’s act caused the plaintiff’s harm - The plaintiff suffered damages
55
What does that the defendant owes a duty of care mean?
- All owe a duty of care to act reasonably. - Special cases for landowners - Trespassers - 2 exceptions: No man traps Attractive nuisance doctrine -Licensees - Invitees
56
What is a licensee?
People on the property for their own purpose. The owner owes a duty not to willfully injure.
57
What is an Invitee?
People who have been invited on the property. The owner a high duty of care, to maintain premises in a safe condition and warn of hidden dangers.
58
What is Foreseeability?
Is it too far down the chain of events.
59
Defenses to a negligence claim
- Assumption of risk - Contributory negligence - Comparative fault - Modified comparative fault - Statute of Limitations
60
What is the Assumption of risk?
That the plaintiff knew of the harm and assumed it anyway.
61
What is Contributory Negligence?
If the Plaintiff is in any way at fault, plaintiff recovers nothing.
62
What is Comparative fault?
Plaintiff’s recovery is reduced by the percentage of Plaintiff’s fault. You might get money, but if you were till some degree at fault, you will get less money.
63
What is Modified comparative fault?
Plaintiff must be less than 50% at fault to recover and recovery is reduced by Plaintiff’s percentage of fault. Arkansas uses this.
64
What is the statute of limitations
Time within which a claim must be filed with the court or is barred forever.
65
Statute of limitations time
- Intentional torts: generally one year. - Medical malpractice: two years. - Negligence: three years.
66
Special Negligence Doctrines
- Good Samaritan Laws - Social Host Liability - Subsequent remedial measures - Respondeat superior - Crime
67
68
What are the Good Samaritan Laws?
You have no duty to get involved unless it’s family, employees or you are part of the accident. If you get involved, you have no liability for rendering aid as long as it’s done reasonably and in good faith.
69
What is Social Host Liability?
- Arkansas does not have this if providing alcohol to a person who can lawfully possess. Licensed vendors of alcohol are liable for: - Serving people who are under the age of 21 - Serving intoxicated persons.
70
What are subsequent remedial measures?
Plaintiff cannot use evidence of defendant’s fix as evidence f negligence by the defendant. If something has been repaired.
71
What is respondeat superior?
An employer is liable for the acts of its employees that occur within the scope of employment.
72
Excuses for respondeat superior
- Independent contractors are not employees - Frolic and detour - Coming and going rule
73
What is the special negligence doctrine for crimes?
- Landowners are not liable for unforeseen criminal acts of unknown third parties. Were any prior occurrences on the property substantially similar? Did the landowner have reasons to believe that the particular criminal acts was likely to occur.

Business Law (3 decks)

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