FINAL EXAM Flashcards
What is the United States Constitution?
The Supreme Law of the Land
Federal Law
Applies to all 50 states
State Law
Applies to state only. Cannot have less than the federal law but can have more.
Administrative Law
Laws created by agencies established by legislative bodies
Common Law
Decide court decisions based on previous court decisions
Criminal Cases
-Prove beyond reasonable doubt
-99% Sure
-12/12 jurors must agree
-Plaintiff must prove defendant guilty, defendant doesn’t have to prove anything
Civil Cases
-Burden of proof is on the plaintiff to prove defendant is at fault
-51% sure
-9/12 jurors must agree
Ethics
Generally, businesses need to practice good business ethics as much as possible
Abandoned Property
Property that has been thrown away. Belongs to the finder.
Lost Property
Property that has been involuntarily parted with. Belongs to the finder against the whole world, except the true owner.
Mislaid Property
Property that was intentionally placed but then forgotten about. Belongs to the owner of the land, except the true owner.
Treasure
Property that is deemed antiques. Belongs to the finder except the true owner.
Intentional Tort
-Defendant meant hard to plaintiff
-Classified through assault, battery, defamation, false imprisonment, outrage, fraud, conversion, trespass to real property.
Negligence
-Defendant accidentally caused plaintiff’s harm
Four Elements of Negligence
- Defendant owed duty of care
- Defendant breached duty of care
- Defendants act caused plaintiff harm
- Plaintiff was injured
Negligence Defenses
- Assumption of Risk (waiver)
- Contributory Negligence
- Comparative Negligence
- Modified Compartive Negligence (Arkansas)
Criminal Statutes
-Theft
-Battery
-Burglary
-Robbery
-Aggravated Robbery
Criminal Justice Process
Arrest->Bail->Filing of criminal charges->Arraignment (plea)->Motions->Plea Bargain->Trial
State Court Systems
District Court->Circuit Court->AR Supreme Court
Federal Court Systems
District Court->Circuit Court->US Supreme Court
Civil Court Process
Complaint->Service of Process->Answer-> Discovery->Trial
What is a Sole Proprietorship?
Owned by 1 owner and business is under their name
What is a Partnership?
Owned by 2 or more people and is split between each other.
What is a Corporation?
Legal business entity owned by shareholders
What is a LLC?
Limited Liability Company that is like a corporation but has to follow different guidelines.
Divorce
Either contested or uncontested and its between two parties.
Presumption of Custody
It is assumed that each parent will share custody of the child/children
Employment Law
-Most employees are at-will except when it comes to Title VII
Title VII
Cannot discriminate on accounts of Race, Color, National Origin, Religion, and Sex.
Will
Written documents that shows who gets what. Must state each child but does not have to give them anything.
Dying without a will?
If there is a spouse all goes to them except if they have kids then it is split. Not married? Goes to the parents.
Estate Tax
40%
