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“Blackstone’s definition.” Rules of civil conduct commanding what is right and prohibiting what is wrong. A governmental rule prescribing conduct / caring out a penalty for violation.
law
bodies of law
Criminal Law / Civil Law
Related to crimes and punishment of wrong doers.Laws dealing with offenses against society
criminal law
legal proceedings concerned with the rights of public citizens.Laws dealing with the enforcement or protection of private rights..Examples: Tort Law Contract Law
civil law
Criminal offense punishable by confinement in prison or by death. Example: Murder Bank Robbery
felony
Criminal offense which is neither treason nor a felony. Example: Speeding ticket Running a stop sign.
misdemeanor
bending or breaking the law
tort law
a private or civil wrong, either intentional or caused by negligence, for which there may be action for damages / private wrong for which damages might be recovered
tort
basis for tort liability
Intentional / Negligence/ Strict Liability)
“Failure to exercise ordinary care.”
negligence
failing to do something which a reasonable and prudent person would do under ordinary circumstance.
act of omission
doing something which a reasonable and prudent person would not do under ordinary circumstance.
act of commision
liability for injury regardless of negligence or intent.
strict liability
when seller is liable for any and all defective or hazardous products which threaten a consumer’s personal safety.
product liablility
Improper or negligent professional act by a professional person. Example: poor embalming. or the doctor leaves instrument in abdominal cavity during or after surgery.
malpractice
Related to making and executing contracts.Laws dealing with making contacts.
contract law
Rules of conduct prescribed by a government and its agencies to regulate business transactionsRules of conduct for the performance of business transactions
business law
Rules of conduct prescribed by a government and its agencies, in regulating transactions related to Real and Personal property.
property law
Land and objects permanently attached to land. Real Estate.Land, Building, Fences, Trees, etc.
real property
All property which is not real property.Cars, Furniture, Jewelry, Insurance, Stocks, Bonds, etc.
personal property
sources of US law
o Common Law o Constitutional Lawo Statuary Lawo Police Powero Administrative Lawo Ordinanceso Case Lawo Stare Decisis
The Pyramid of Law
Stare DecisisCase LawOrdinancesAdministrative LawPolice PowerStatutory LawConstitutional LawCommon Law
- customs which have become recognized by the courts as binding on the community. 2. Forms the historical foundation of U.S. Law. 3. Based on human experience. “Common good” of all people(Members of Society). 4. Rooted in English and early colonial law. “If it makes sense,it must be good law.”Constitutional Law - written document containing fundamental principles of government. Power and duties of a government. Guarantees Rights of the people - first 10 amendments of the constitution. “Law of the land.” Example: Federal and individual state constitutions
common law
enacted by legislative bodies.
statutory law