Chapter 1 Legl

Front 1

What is the definition of law?

Back 1

Law defined as: rules laid down by the state and backed up by enforcement.

Front 2

What are the Three Concepts of Law?

Back 2

Law of Command, Law as a means of social control, Law as justice

Front 3

Law of Command

Back 3

You shall or shall not do something. Most significant of social forces because law can glue together diverse peoples of different backgrounds into very large, organized groups. Intended to tell society what they can or cannot do.

Front 4

Define: Law as a means of social control.

Back 4

a kind of social engineering. When social interests recognize a right in one person, legislature or courts create machinery to give the person the right to redress at law. Altering your behavior for a larger social good. Freedom of religion, speech; drugs/alcohol limits, gay marriage, gun control, prostitution,

Front 5

Law as a justice

Back 5

to achieve a fair, honest and righteous result. Written laws mean little unless they can be promptly and fairly enforced.

Front 6

What is the Rule of Law?

Back 6

The Rule of Law - laws that are made are generally and equally applicable (They apply to all or most members of society and they apply to various groups in the same way)

Front 7

What does property establish?

Back 7

Property establishes private exclusive rights in resources.
• The legal right to exclude or keep others from interfering with what you own, with your resources.
• “Legal right to exclude” = you can call the cops or courts to help you keep others from interfering with what you own.
o Public – public resources owned by the gov’t or state (roads, public buildings, and monuments)
o private – applies to resources that you own as an individual
o common – resources like land that more than one individual owns jointly.
• It is through the law of property that individuals and business organizations can possess, use, and transfer their private resources. Without laws in property in resources, there are no incentives to develop resources because they can be stolen.

Front 8

What are the four general classifications of law?

Back 8

1) Common law and civil (statutory) law
2) Public and Private law
3) Civil and Criminal law
4) Substantive and Procedural law

Front 9

What are the differences between Common and Civil (statutory law?)

Back 9

Common Law is court-made law, judicial opinions (derived from the English system)
• The common law legal system emphasizes the role of judges in determining the meaning of laws and how they apply.

Civil Law or Statutory Law is legislative enactments. Civil law relies more on legislation than judicial decisions for law. It does not pay much attention to precedent.

Front 10

What is precedent?

Back 10

rules of law settled in judicial decisions which should be followed.
• Supreme court makes a decision and all courts below that court are bound by that decision.

Front 11

What is Civil or Statutory law?

Back 11

Civil Law or Statutory Law is legislative enactments; courts must defer to these.
• Civil law relies more on legislation than judicial decisions for law. Civil law does not recognize judge-made law. It does not depend upon the importance of prior judicial decisions (precedents).

Front 12

What is Private and Public law?

Back 12

• Public law includes those matters that involve the regulation of society as opposed to individuals interacting. In each of these matters, a government official represents society, or “the people,” and the official is responsible for seeking justice to achieve the ends of society.

Private Law = legal problems and relationships that exist between individuals
• Private law covers those legal problems and issues that concern your private resource relationships with other people. Private law includes property and contract law.
• Property law involves the recognition of exclusive right in both tangible (physically touchable) and intangible resources. Special areas of property law concern land, goods, copyrights, trademarks, patents, and trade secrets.

Front 13

Give three examples of Public Law issues? CCA

Back 13

Constitutional law, administrative law, criminal law
o Constitutional law – involves the interpretation and application of either the federal or state constitutions
o Administrative law – covers the legal principles that apply to government agencies, bureaus, boards, or commissions,
o Criminal law – specifies various offenses against the proper order of the state.

Front 14

Give two examples of Private law? CTP

Back 14

Contracts = agreements between two parties (sale of goods, commercial paper, etc.) Enables an owner to exchange resources.
• Contract law covers the rules of how owners transfer resources by exchanging them. Contracts often involve enforceable promises to exchange resources in the future.

Torts = other kinds of injury such as assault & battery, defamation, interference with contract, conversion, negligence, product liability. Compensates owners whose resources are wrongfully harmed by the actions of others.
• Establishes rules for compensation when an owner’s legal boundaries are wrongfully crossed by another. Tort law often but not always requires actual injury to the owner’s resources.

Property Law = ownership and protection of real & personal property

Front 15

What is Civil and Criminal Law?

Back 15

Civil Law is everything that is not criminal. Not to be confused with Statutory (civil) law which is law relying on legislation more than judicial decisions.

Criminal law involves a representative of government attempting to prove the wrong committed against society and seeking to have the wrongdoer punished by the court system

Front 16

Give an example where Civil Law would apply.

Back 16

- includes cases for breach of contract, torts, personal injuries
- typically involve a request for damages or other appropriate relief that does not involve punishment of the wrongdoer.
- Get monetary damage but not jail.

Front 17

Define substantive law and procedural law?

Back 17

Substantive Law defines the legal relationship of people with other people or between individuals and the state. Substantive law gives you the right to sue. It determines the law that gives a person the right to go to court.

Procedural law (think procedures): Procedural Law deals with the method & means by which substantive law is made and administered

• The time allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural rules laws.

• Substantive define rights and duties, while procedural provide the machinery for enforcing those rights and duties.

Front 18

Name the four basic sources of law.

Back 18

1) Constitutions (of Federal and State Governments)
2) Legislation or Codes enacted by Federal, State, and Local governments
3) Administrative Laws
4) Judicial Decisions or Court Opinions

Front 19

Define Statutes, Ordinances, and Codes.

Back 19

“Statutes” and “Acts” are laws enacted by federal, state legislatures
“Ordinances” legislation passed by local governments
“Codes” are compilations of legislation at all levels of government

Front 20

Name the 2 Ways to achieve uniformity in legislation:

Back 20

1) Federal Law - law enacted by Congress that overrides state law.

2) State legislature can adopt a single uniform law for a certain area.

Front 21

FDA, SEC, IRS, and EPA are all examples of what source of law?

Back 21

Administrative Law - rules, regulations, and decisions of administrative agencies.

Front 22

Two advantages of the source of law : Judicial decisions and court opinions are:

Back 22

1) Following precedent allows for a certain degree of predictability and certainty. (stare decisis - "let the decision stand")

2) Expedient.

Front 23

5 Disadvantages of using Judicial decisions and Court Opinions.

NERD-C

Back 23

1) Expensive - time consuming and expensive. (searching through a ton of court cases to find precedent)
2) No Precedent - no precedent on point. May be two conflicting precedents.
3) Dicta - difficult to determine dicta from precedent.
4) Reject Precedent - courts may reject precedent.
5) Conflict of laws - which state laws apply?

Front 24

Name 4 Categories of Legal Sanctions.

BC-TV

Back 24

1) Criminal Conduct
2) Breach of Contract
3) Torts
4) Violations of Statutes and Regulations

Front 25

Define Criminal Conduct

b C t v

Back 25

Criminal conduct or a crime is considered a wrong against society.

Punishments include:

a. Death,
b. imprisonment,
c. fine and/or community service,
d. removal from office,
e. disqualification from holding office and from voting

Front 26

Define a Breach of Contract

B c t v

Back 26

When one party fails to perform under the terms of contract.

Front 27

Define compensatory damages (deal with a breach of contract)

Back 27

Compensatory damages are awarded to make the party whole again in economic terms. Objective is that the party be in as good a position as he or she would have been in had the contract been performed

Front 28

Define consequential damages (deal with a breach of contract)

Back 28

Consequential damages are awarded if the breaching party knew or had reason to know about special circumstances that would cause the other party to suffer additional losses if the contract were breached

Consequential damages are the amount of money awarded in a breach-of-contract case to the nonbreahing party to pay for the special damages that exceed the normal compensatory damages. Lost opportunities may create consequential damages if the breaching party was aware of the special nature of the contract.

Front 29

Define a tort.

b c T v

Back 29

A civil wrong other than a breach of contract.

wrongs other than contract against a person or property. Civil wrong other than a breach of contract. Involve improper crossings of property boundaries, usually causing injury to our person or other things we own. (boundaries are physical and behavioral)

Front 30

Name and define the 3 basic types of torts.

SIN

Back 30

1) Strict Liability - for defective products. Require the plaintiff to prove only that the defendant has injured something proper to the plaintiff. Injury caused by an ultrahazardous activity like basting is an example.

2) Intentional - intentionally injure a person or property. Assault, Battery, Trespass, or Conversion.

3) Negligence - is the failure to exercise the degree of care the law requires under the circumstances. Requires the plaintiff to show that the defendant injured what was proper to the plaintiff through unreasonable behavior. Need to prove that someone used unreasonable care.

Front 31

Define Assault.

Back 31

• Assault – you put someone in the apprehension for their safety. Feeling of threatened is considered assault. Very subjective.

Front 32

Define Battery.

Back 32

• Battery – actual contact that is made. Sexual harassment or unwanted touching = battery.

Front 33

Define Conversion.

Back 33

• Conversion – stealing. If it was given to you, once permission is withdrawn, then it is considered conversion.

Front 34

Define Trespass.

Back 34

• Trespass – physically being on the land. If you’ve exceeded you’re stay (asked to leave but you don’t) = trespass.

Front 35

Define Punitive Damages.

Back 35

Monetary damages in excess of a compensatory award, usually granted only in intentional tort cases where defendant's conduct involved some element deserving punishment. Also called exemplary damages.

Front 36

Consequences for Violating of Statutes and Regulations

b c t V

Back 36

Wide variety of punishment. Often similar to those imposed for criminal conduct, breach of contract, or tortious conduct. Impose fines for violations, and authorize damages to injured parties. Many statutes require a defendant to pay for a plaintiff's attorneys fees.

Important for property-based legal system. Set boundaries for proper business.