Business Law

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daniel

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rangel

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Civil LAW

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responsibilities that private parties, organizations, or the governments owe to one another.

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statute

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law enacted by elected representatives of the legislative branch of government

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Substantive law

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law that creates or defines rights, duties, obligations, and causes of action that can be enforced by law

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procedural law

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provides methods for government agents, such as courts, in creating and enforcing substantive laws

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Public law

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between government & individuals

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burden of proof

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prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the prosecution, who must demonstrate that the defendant is guilty

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Robery

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taking something by force

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burglary

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things stolen. No force involved.

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Larceny

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the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use.

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Arson

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the malicious burning of another's house or property, or in some statutes, the burning of one's own house or property, as to collect insurance.

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man slaughter

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killing as a result of action by the dead person. Person who was killed provoked the killer to kill.

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self deffense

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actions have to be like. Gun to gun. Bat to bat

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3 basic functions; criminal

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Deterrence, Retribution,Rehabilitation

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deterrence

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Deterrence is a strategy by which governments threaten an immense retaliation if attacked, such that aggressors are deterred if they do not wish to suffer great damage as a result of an aggressive action.

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retribution

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you did something bad, now you get it.

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embezzlement

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wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one

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battery

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the tort of intentionally (or, in Australia, negligently) and voluntarily bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (e.g. a hat, a purse). Unlike assault, battery involves an actual contact.

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Intentional infliction of emotional

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is a tort claim of recent origin for intentional conduct that results in extreme emotional distress

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negligent infliction of emotional distress

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The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual

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False imprisonment

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is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.

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assualt

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putting someone in a state of apprehension

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Extortion

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the act of obtaining something or compelling some action by illegal means.

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defamation

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is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image

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Negligence tort

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Violation of a duty as a result there is an injury. Person of due care is responsible.

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Contributory negligence

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is a common law defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered.

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Comparative negligence,

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is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury

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express contract

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written or verbal

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implied contract

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created by conduct

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Excecutory contract-

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yet to be performed.

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Unconscionable contracts-

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grossly unfair to one part. Only one benefits. No court will accept.

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Adhesion contract-

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my way or the highway type of contract

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Damages in contracts-

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put the non breaching party in the position he would be in if contract not breaching

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Offers

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1.is a manifestation of contractual intent
2. terms and conditions have to be clear; specific and direct
3.Offerer to offeree

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Contract to one word

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Expectations

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Revocation-

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It is the reversal of an act, the recalling of a grant, or the making void of some deed

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Voidable-

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A voidable contract, unlike a void contract, is a valid contract. At most, one party to the contract is bound. The unbound party may repudiate the contract, at which time the contract is void

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Promissory estoppels-

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you make a promise and you know it is not enforceable

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contract

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is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law.

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punitive damages

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A Exemplary damages (better known as punitive damages) may be awarded to a plaintiff over and above what is needed to compensate him or her for the harm caused by the defendant

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Consequential damages

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that may be awarded to plaintiff in a civil action who claims that terms of an agreement were not honored

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Nominal Damages

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• On the other hand, nominal damages are very small damages awarded to show that the loss or harm suffered was technical rather than actual.

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Promise

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the manifestation of an intention to act or refrain from a specified manner, in such a way that another is justified in believing that a commitment has been made.

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Legal detriment-

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the relinquishment of some legal right that a promisee would otherwise have been entitled to exercise. Something your not required to do.

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Past consideration

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an act done or a promise given by a promisee before making a promise sought to be enforced.

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Consideration

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is the glue that holds contracts.

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Reformation

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an equitable remedy by which a court will modify a written agreement to reflect the actual intent of the parties. To correct mutual intent

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Restitution-

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returning the value you receiving. Return or restoration of some specific thing or condition. Compensation for a loss caused to another.

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Rescission-

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In contract law, rescission (to rescind or set aside a contract) has been defined as the unmaking of a contract between the parties.[1] Rescission is the unwinding of a transaction.

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Grumbling acceptance-

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saying yes but would prefer

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Illusionary contract

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illusory promise is one that courts will not enforce

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An incidental beneficiary

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is a party who stands to benefit from the execution of the contract, although that was not the intent of either contracting party. For example, if party A, Andrew, hires party B, Bethany, to renovate his (Andrew's) house, and insists that Bethany use a particular house painter—party C, Charlie—because that house painter has an excellent reputation, then the house painter is an incidental beneficiary

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Intended beneficiary

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The distinction that creates an intended beneficiary is that one party - called the promisee - makes an agreement to provide some consideration to a second party - called the promisor - in exchange for the promisor's agreement to provide some product, service, or support to the third party beneficiary named in the contract.