Exam 1 Study Guide Flashcards
Define Law
Law is a rule of civil conduct, commanding what is right and what is wrong
Define law objectives
- Establish enforceable rules of conduct (among individuals and between individuals & society)
- Governing relationships (peacefully resolve disputes and establish frameworks for societal operations)
What are our roots of our legal system?
England (and France and Spain)
What are the sources of law?
- Constitutional interpretation
- Statutory law
- Judicial decisions
- Administrative Agency Orders
Civil versus criminal law
Civil law - Concerned with private or purely personal rights
*** TEST QUESTION: Frederic Goldman vs James Simpson
Criminal law - Laws dealing with crimes and the punishment of wrong doers
Distinguish among crimes, torts, and ethics
Crime - Offense against society
Tort - Private or civil wrong or injury, other than by breach of contract, for which there may be an action for damages (negligence, strict liability)
Ethics - Principles that determine the mortality of conduct, its motives and its duties
Tort Law
Negligence tort
Strict Liability
*Not sure on what this one is asking for tbh
Define ethics
Principles that determine the mortality of conduct, its motives, and its duties
Development of ethics
Philosophy
Religion
Secular
Values
Code of ethics
Types of ethics
Normative ethics - Formulating moral standards of conduct (treat all bodies with respect)
Meta Ethics - the study and evaluation of standards of conduct (why treat all bodies with respect)
Theory of Moral Development (Lawrence Kohlberg)
Pre Conventional Level - to avoid punishment and accomplish a reward
Conventional Level - do it because you want people to be proud of you
Post Conventional Level - do it because you believe in it
Distinguish between ethics vs law
Laws dictate minimum standards of behavior that society will tolerate
Ethics represents the ideal standards expected by the profession
Absolutism versus Relativism
Absolutism: Right or wrong (higher authority)
Relativism: There i no one correct moral standard for all times and all people
Ethics in funeral service
Remember the examples Moreno has given
This one is kind of easy you got this!
Confidentiality
Professional procedures
Factual representation
Whistleblowing
To see wrong and not expose it, becoming a silent partner to its continuance
*BOOK SAYS: person who exposes wrongdoing in an organization
Texas Administrative Code – Rule 209.1
- Licensees should strive to attain the highest degree of ethical and professional conduct using honesty, candor, and respect
- Avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission
- A licensee shall not violate any statute, ordinance, or regulation affecting the handling, custody, care, or transportation of a decedent
- A licensee shall not knowingly furnish inaccurate, deceitful, or misleading information to the Commission or a consumer as a licensee
- There policies are intended to set forth ethical percepts to which individuals licensed by the Commission should aspire to achieve
- Competency. The licensee shall be knowledgeable of and to the laws, rules… and all procedures established by the Commission for lincensees
Pre-need and post-need ethics
*Honestly IDK, if anyone knows let me know
Functions of the court
To interpret the law
To apply the law
Types of courts
Trial court - Court that conducts original trial of a case
Appellate court - Court that reviews the decision of another court
Special federal court - Federal trial with limited jurisdiction
Federal district court - Trial court of federal court system
Federal court of appeals - Court that hears appeals in federal court system
Inferior court - Trial court that hears only cases involving minor offenses and disputes
Court of original general jurisdiction - Court of record in which case is first tried
Court of record - Court in which an official record of the proceedings is kept
State court of appeals - Intermediate appellate court
Probate court - court that handles estates
Juvenile court - Court that handles delinquent, dependent, and neglected children
Domestic relations court - Court that handles divorce and related cases
Procedure for filing a lawsuit
Complaint - document which initiates a civil laws case
Summons - Notice given to defendant
Answer - Official document responding to the plaintiff’s complaint
Discovery - The informal and formal exchange of information between sides in a lawsuit
Trial - Structured process where the facts of a case are presented
Judgement - A decision of the court in a lawsuit
Execution - Carrying out or completion of some task
Procedure for a jury trial
Jury is selected and sworn in
Opening statements
Plaintiffs evidence
Defendant’s evidence
Summary of evidence
Judge’s ruling / Jury’s verdict
Explain intentional and negligent tort liability
Intentional torts - assault, battery, trespass, false imprisonment, do something with an intent to harm
Negligence - Failure to exercise ordinary care (didn’t comply with bare minimum)
Explain business torts
Tort caused by or involving a business
Define crimes
Offense against society
Computer crimes
Crime that is committed with the aid of computers or because computers are involved
Explain why government regulates business
In order to eliminate abuse and to control conduct considered to be unreasonable
Define and explain administrative agencies
Government boards or commissions with the authority to regulate or implement laws
Define and explain antitrust laws
Statute that seeks to promote competition among businesses
Requirements for a contract
Mutual agreement (meeting of the minds)
Competent parties
Consideration
Lawful purpose (is it legal)
Proper form
Contracts versus agreements
Contract must be an agreement
Agreement doesn’t have to be a contract
Only when legal obligations are present does a contract come into existence
Types of contracts
Expressed - oral or written; very detailed
Implied - Assumptions / expectations based on common sense; mutual agreement
Quasi - (casi) almost; looks like a contract, not real estate or personal property
Formal - in writing
Simple - very loose confirmation, mostly implied
Requirements of a valid offer
- It must be definite
- It must appear to be seriously intended
- It must be communicated to the offeree
Offer vs. Invitation
Offer: proposal to make a contract
Invitation: doesn’t qualify; things such as advertisements, bids, price lists / quotations, estimates
Duration of an offer
Must have a time frame
Manner of acceptance
Must be communicated to offeror but no particular procedure is required
Traditionally you sign
Define counteroffer
Offeree’s response that rejects offer by varying its terms
Identify who has capacity to contract
All parties must have the legal and mental capacity to contract
Define disaffirmance
Repudiation of a voidable contract
Explain contract with minors and ratification
Can contract with minors for necessaries such as items required for living at a reasonable standard
Use of a cosigner
A minor is liable for torts as fully as an adult is
Ratification - Indication by adult that a contract made while a minor is binding
Reasons which may impair a person’s ability to contract
Minor
Mentally incompetent (including insanity, senile dementia)
Intoxicated
Convict
Explain consideration
Whatever the promisor demands and receives as the price for a promise
Payment and consideration
Money is most used consideration
Partial payment of a past debt due cannot be used as consideration
Insufficient or invalid consideration
- Performing or promising to perform what one is already obligated to do
- Refraining or promising to refrain from what one has no right to do
- Past performance
Exceptions to requirement of consideration
Voluntary subscriptions
Debts of record
Promissory estoppel
Modification of sales contracts
Reasons for written contracts
Witnesses
In case one becomes incapacitated (for things such as real estate)
Can’t deny the contract exists
Clear and unambiguous language
Statute of frauds
Law requiring certain contracts to be in writing
Selling land or anything to do with land
If it’ll take longer than 1 year
Debt or default of another
Pay off debts of estate or personal funds
Marriage
Agreement to sell goods for over $100
Prenuptial
Debt versus default
Debt - obligation to pay money
Default - breach of contractual obligation
Methods by which contracts are terminated
Time of performance
Tender of performance
Tender of payment
Satisfactory performance
Substantial performance
Circumstances that discharge a contract by operation of law
Bankruptcy
Statute of Limitations
Alteration of Written Contracts
Remedies for breach of contract
Nominal damages
Compensatory damages
Punitive damages
Liquidated damages
