Exam 1 Study Guide Flashcards by Eef Doe

Define Law

Law is a rule of civil conduct, commanding what is right and what is wrong

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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)

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What are our roots of our legal system?

England (and France and Spain)

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What are the sources of law?

Constitutional interpretation
Statutory law
Judicial decisions
Administrative Agency Orders

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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

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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

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Tort Law

Negligence tort
Strict Liability

*Not sure on what this one is asking for tbh

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Define ethics

Principles that determine the mortality of conduct, its motives, and its duties

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Development of ethics

Philosophy
Religion
Secular
Values
Code of ethics

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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)

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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

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Distinguish between ethics vs law

Laws dictate minimum standards of behavior that society will tolerate

Ethics represents the ideal standards expected by the profession

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Absolutism versus Relativism

Absolutism: Right or wrong (higher authority)

Relativism: There i no one correct moral standard for all times and all people

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Ethics in funeral service

Remember the examples Moreno has given
This one is kind of easy you got this!

Confidentiality
Professional procedures
Factual representation

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Whistleblowing

To see wrong and not expose it, becoming a silent partner to its continuance

*BOOK SAYS: person who exposes wrongdoing in an organization

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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

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Pre-need and post-need ethics

*Honestly IDK, if anyone knows let me know

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Functions of the court

To interpret the law
To apply the law

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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

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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

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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

1. It must be definite 2. It must appear to be seriously intended 3. 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

1. Performing or promising to perform what one is already obligated to do 2. Refraining or promising to refrain from what one has no right to do 3. 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