final Flashcards
4 main sources of contemporary law
Common law
The constitution
Statutes
Administrative
common law
comes from England
stare decis- let the decision stand
the constitution
establishes 3 branches of government, checks and balances, fundamental rights
bill of rights
first 10 amendments of the constitution
checks and balances
each branch can check the power of the other branches
criminal law burden of proof
beyond reasonable doubt
civil law burden of proof
preponderance of the evidence
what gives the federal government the right to pass laws regulating state commerce?
Commerce Clause
dormant commerce clause
prevents states from passing laws not letting out of state companies do business in the state
what happens when a state law conflicts a federal law?
the Supremacy Clause says Federal law trumps State law
tort of defamation
- defamatory statement
- falsity
- communicated to a third party
- injury
harder for defamation against press to happen
compensatory damages
designed to compensate individuals who are injured
punitive damages
punishes people that cause injury
Must be on bad faith, fraud, gross negligence
There can be no punitive damages for mere negligence
business torts
tortious interference with contracts (one company suing another)
elements of business torts
Contract between plaintiff and third party
Defendant knew of contract
The defendant improperly induced the 3rd party to breach the contract
There was injury to plaintiff
negligence claims must prove
duty
breach
causation
damages
causation- must prove 2 types
factual
proximate
proximate causation
foreseeability
cannot be too remote
there can be more than one
duty
one for “reasonable care”
components of a contract
offer
acceptance
consideration
legality
capacity
consent
writing
quasi contract
the plaintiff gave some benefit to the defendant
the plaintiff reasonably expected to be paid
unjust enrichment
ways to terminate an offer
revocation
rejection
counter offer
expiration
party who made the offer becomes incapacitated
the subject matter is destroyed
there is no consideration if…
the promise if illusory (if I want to…)
there is a pre-existing duty
past consideration (completed act)
article 1
legislative branch