Government: 15.2 Civil Law

Front 1

Introduction

Back 1

Civil law concerns disputes among two or more individuals or between individuals and the government

Front 2

Types of Civil Law

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About 90 percent of the cases hard in state courts, concern civil laws

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Contracts

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A contract is a set of voluntary promises, enforceable by the law, between parties who agree to do or not do something.
In an expressed contract the terms are specifically stated by the parties, usually in writing.
An implied contract is one in which the terms are not expressly stated but can be inferred from the actions of the people involved and the circumstances.
An offer is a promise that something will or will not happen.
If you agree with an offer in writing orally, it constitutes the acceptance.
A consideration is the giving, exchanging, performing, or promising something of value in a contract.

Front 4

Property Law

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Real property has been defined by the courts to be land and whatever is attached to or growing on it, such as houses and trees.
Personal Property: includes movable things like clothes or jewelry as well as intangible items like stocks, bonds, copyrights, or patents.

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Property Law

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Buying property usually involves a mortgage ( from bank)- a loan to pay for the house as well as a deed, title, and insurance.
For example, the Federal Fair Housing Act aims to protect people against discrimination on the basis of race, religion, color, national origin, or gender when they try to buy the house they want or obtain a loan.

Front 6

What are the characteristics of a valid contact?

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A valid contract must have both parties be mentally competent and in most cases must be legal age adults.
The contact cannot involve doing or selling anything illegal.
The contract's elements must include an offer, acceptance, and in most cases a consideration.

Front 7

How does the Fair Housing Act expand home ownership?

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The Federal Fair Housing Act aims to protect people against discrimination on the basis of race, religion, color, national origin, or gender when they try to buy the home they want or obtain a loan.

Front 8

What are Torts?

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nounLAW
1.
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

Front 9

What are the five steps in a civil lawsuit?

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The five steps in a Civil Law suit are hiring a lawyer, filing the complaint, pretrial discovery, resolution without trial, trial and the award.

Front 10

How can there be a resolution to a lawsuit without a trial?

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A resolution of a lawsuit can be resolved without a trial, through mediation and allowing parties to decide on the result.

Front 11

What is the purpose of small claims court?

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Small Claims Courts hears civil cases commonly dealing with collecting small debts, property damage, landlord- tenant disputes, small business problems, and the like.