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70 Cards in this Set
- Front
- Back
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basic definition of law
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system of principles and processes by which people in a society deal with their disputes and problems, seeking to solve or settle them without resort to force
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private/civil law
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law that governs relationships between private parties
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2 types of private/civil law
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tort
contract |
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contract action/law
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claim by one party that another party has breached an agreement by failing to fulfill an obligation. get money or performance of the obligation
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tort action/law
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one party asserts that the wrongful conduct of another has caused harm and the injured party seeks compensation for the harm suffered
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examples of tort action (4)
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assault and battery
damage caused by negligence defamation of character false imprisonment |
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Public law deals with relationships between:
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private parties and govt
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criminal law involves
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cases of public wrongs; crimes committed contrary to society's law (murder, theft). Even though the crime may have been committed against and individual it is considered a crime against society. Therefore, the prosecuting attornety represents people of the state
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Sources of law (4)
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Common/uncodifed/case law
statutory law administrative law federal and state constitutions |
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precedents are involved in what kind of law
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common/case law; it is when a new legal principle is established and then used from then on
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stare decisis
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"let the decision stand" in common/case law; anything following a precedent must be settled in the same manner; done vertically, not horizontally
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statutory law is created by
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US Congress, state General Assemblys and city councils (federal and state legislatures)
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statutes are collected into
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volumes/"coded" which are groupings of laws by subject
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administrative law is created when
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legislatures on federal and state level lack the time and resources to administer all the programs by themselves so they have administrative agencies do it
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examples of administrative law
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CMS, HCFA
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Federal Regulations can be found in
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the Federal Register; Medicare and Medicaid regulations are found here also
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what is the supreme law of the land?
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the Constitution of the United States
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Constitution establishes:
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organization of the federal govt., grants certain powers to the federal govt., places limits on what the federal and state govts may do.
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What does the 14th Amendment do?
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due process law, limits state powers, any person shall not be denied without due process of the law ...
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2 part of due process
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rules being applied must be reasonable
fair procedures must be followed in enforcing the rules |
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equal protection means
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people are treated alike
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3 level of US Govt
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Federal
State Local |
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3 branches of US Govt
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legislative
executive judicial |
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legislative branch consists of:
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Senate
House of Reps (together are called US Congress) |
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what does the legislative branch do?
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make laws
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what does the executive branch do?
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enforce laws
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who is the federal and state heads of the executive branch of US Government?
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president is head of federal
governor is head of state |
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what does the judicial branch do?
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interpret law (settle disputes)
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adjudication means
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settle disputes in court
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arbitration is a dispute settled
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out of court
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to have jurisdiction means
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the court has the power to reach judgement in a case, can be several courts in adjoining areas
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venue refers to
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the location/city of a court case. There may be several jurisdictions but only one venue
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2 kinds of courts
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trial
appelate |
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trial court
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initially hears a case and passes judgement
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appellate court
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hears appeals for parties not satisfied with the original decison of the trial court
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duties of an appellate court
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determine if proper law was applied
examine trial record and determine if facts are relevant reverse, modify or affirm the verdict and judgement rendered in the trial court write an opinion explaining the reasoning behind the decision |
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3 sources of judicial power
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federal court system
state court system administrative agencies |
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federal courts have jurisdiction over 4 main areas
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cases involving ?s of federal law
treaties maritime matters cases involving 2 or more states |
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the trial court of the Federal Court System is:
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US District Court
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US District Court have jurisdiction over
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crimes against federal law
Cases arising under patent or copyright laws cases involving postal and banking laws bankruptcy proceedings |
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appelate courts for the federal court system
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US Court of Appeals
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3 main levels of a state court system
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traffic/small claims = lowest
trial courts = middle (no jury)ex. Circuit Court, Superior Court, County Court state supreme court = highest |
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checks and balances
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make sure that no one branch of govt is dominant over the other two; each has the right to veto others' decisions
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3 categories of torts
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negligence
intentional torts product liability |
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2 differences between intentional and negligent wrongs (tort)
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intent -
willful act - may not be present in negligence |
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5 types of negligence (tort)
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malfeasance
misfeasance nonfeasance malpractice criminal negligence |
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malfeasance negligence (tort)
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execution of an unlawful or improper act
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misfeasance negligence (tort)
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improper performance of an act resulting in injury to another
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nonfeasance (tort)
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failure to act when there is a duty to act
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malpractice (tort)
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negligence or carelessness of a professional person
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criminal negligence (tort)
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reckless disregard for the safety of another (car accident)
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2 degrees of negligence (tort)
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ordinary
gross (worst) |
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6 kinds of intentional torts
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assault & battery
false imprisonment defamation of character fraud invasion of privacy willful infliction of mental stress |
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assault & battery (tort)
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assault - deliberate threat
battery - unconsented touching of another person ex. unconscious person having surgery |
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false imprisonment (tort)
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unlawful restrainment of an individual ex. not allowing a patient to leave until they pay copay
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defamation of character (tort)
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libel - written
slander - verbal ruins a person's reputation and must be communicated to a third person |
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fraud (tort)
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lying, ex. billing for services not done
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3 theories of products liability (tort)
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negligence
breach of warranty strict liability |
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negligence of products liability (tort)
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injury from not following standard of care
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describes the two kinds of breach of warranty of products liability (tort)
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express - specific promises made
implied - vague |
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strict liability of products tort
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show how you suffered using the product the correct way
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3 defenses against products liability tort case
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contributory negligence
intervening cause disclaimer |
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test question What is the difference between plaintiff and defendant
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Plaintiff sues.
Defendant gets sued. |
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test question The improper performance of an act, resulting in injury to another is
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misfeasance
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test questions What does CFR stand for?
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Code of Federal Regulations
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test question bankruptcy; patents/copywrites; banking and postal; crimes against Federal Law are examples of:
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jursidiction of the trial court of the Federal system has (US District Court)
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test question On the federal level: each state has how many
Representatives? |
at least one depending on population of state
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test question Another name for private law is?
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civil law
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test question On the State level: there are how many Senators?
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two
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test question A decision in a case that sets forth a new legal principle establishes a?
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precedent
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