Packet #1 Flashcards
the study and science of the law
jurisprudence
our judicial system operates through two parallel, independent, multi-tiered systems: _______ & ________.
State and Federal
T/F Most law suits are filed in a state trial court
True
if either party is sufficiently dissatisfied, the decision may be appealed to the __________ court and then (usually only if the court grants permission) to the ___________ court.
Intermediate, States highest
______ dictate what you must do
laws
______ dictate what you should do
ethics
Our court system has both a ______ and ______ jurisdiction
Civil & criminal
T/F Only federal courts handle both civil and criminal cases
FALSE, both state and federal courts handle both
T/F Courts have different sets of rules for civil and criminal matters
True
_________ law represents crimes against society
Criminal
Criminal or Civil law?
- Prosecuted in the public interest
- Burden of proof is “beyond a reasonable doubt” (over 50%)
- penalties are usually fines, imprisonment and capital punishment
Criminal
________ law represents wrongs against an individual
Civil
Criminal or Civil law?
- usually brought by one individual against another
- prosecuted in the private interest
- burden of proof is “preponderance of evidence” (only 50%)
- Penalties are usually monetary or equitable remedies
Civil
T/F Civil cases are more about money and property
True
What category do simple malpractice cases fall into?
Civil
What category do personal injury cases fall into?
Civil
What category does worker’s compensation fall into?
Civil
T/F The accused wrongdoer in a civil case has less at stake than a criminal defendant
True
A form of civil law, not just an agreement.
Contract Law
a _______ is any agreement between two or more parties that a court will enforce because the agreement creates legally binding obligations between/among parties
Contract
T/F Contracts need to be in writing in order to be legally binding
FALSE
What are the contract types?
- Bilateral
- Unilateral
- Formal
- Informal
- Expressed
- Implied/Quasi
- Valid
- Void
Parties must be ________ to enter into a contract and have mutual assent/meeting of the minds
competent
__________ is something of legal value given by each party. Promise can be of legal value.
Consideration
__________ of one party makes the promise of other party enforceable.
Consideration
____________: consideration may also be a sacrifice, giving something up or refraining from doing something.
Legal Detriment
T/F Patient may rely on doctor’s promise to his or her detriment
True
T/F Adequacy of consideration is usually not considered by the courts unless unfair (unconscionable)
True
T/F Consideration may be nominal ($1)
True
___________ parties legally and mentally capable of entering into a contract
Competent parties
Key is understanding of the legal obligation created by the ________.
Contract
______________ legal right of incompetent party to set aside agreement
Disaffirmation
3 types of disaffirmation?
minors, under the influence, mental illness
