Fourth Quarter Final Exam
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Difference between civil and criminal law
• Civil Law: Laws concerning private rights between individuals • Criminal Law: Laws concerning offenses against society as a whole
Law
rule of civil conduct commanding to do what is right and prohibiting what is wrong
Equity
relief sought in lieu of money damages which would be awarded by a law court. Ex: suit in equity for a restraining order
Administrative Agency Law
• Commissions created by legislature • Enact rules to regulate business and industry (ex. FTC, OSHA ADA)
Defendant
person being sued
Summons
served upon defendant
Subpoena
served on a witness
Offer and Acceptance
offeror proposes terms to an offeree Only the offeree can accept the offer
Acceptance
assent to an offer indicating an agreement to accept it’s term
Mailbox Rule
contract/agreement/paperwork must be postmarked by a certain time
Business Law
laws regarding the performance of business and commercial transactions
Common Law
• History and source of American Laws • a custom which has become recognized by the courts as binding on the community. Still referred to today in some cases. • Laws the Pilgrims brought from England.
Case Law
• Appellate court decisions • stare decisis (stand by the decision)
Civil Law
laws concerning private rights between individuals
Jurisdiction
• subject matter • court must have authority to hear a particular case; • personal (over the parties)
Venue
location where a case is heard (ie: state, county, city)
Classification of the State Court System
a)Trial court – court of original jurisdiction. Known by many names depending on the state and location b) Appellate Courts 1. Court of Appeals 2. Supreme Court of the state
Are contracts with a minor valid?
Yes, voidable (the minor’s option) except for necessities
Are contracts from incompetent people valid?
• Adjudicated Incompetent people= void • Nonadjudicated Incompetent people= voidable like a minor until person is adjudicated
Stare Decisis
the legal principle of determining points in litigation according to precedent. - to stand by things decided
Requirements of a valid contract
mutual agreement competent parties consideration legality
Bailment
Transfer of possession, but not title, to personal property from the owner to another for a particular purpose, such as protect, fix, use, store, or sell
Bailor
Owner of personal property
Bailee
The person to whom property is transferred