27 terms

BLAW 1 Midterm 1 Part A

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Terms in this set (...)

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Types of Laws
1. Constitution
2. Statutes
3. Administrative Regulations
4. Common Law
5. Treaties
6. Ordinances
7 Executive Order
Priority Rules
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Parties
Criminal: GOV v private party

Civil: private party v private party
Outcome
Criminal: jail/prison, fine is paid to government

Civil: judgement to pay $ to the other party
Burden of Proof
Criminal: beyond a reasonable doubt

Civil: preponderance of the evidence (51%^)
Substantive Law
sets the rights & duties of people as they act in society
Procedural Law
controls the behavior of courts s they enforce the substantive law.
(always criminal) right to jury, right to a greedy trial.
How do judges decide cases?
Courts look to precedent, how other courts have decided similar cases
Types of State Courts
Courts of Limited Jurisdiction
Trial Courts
Appellate Courts
Types of Federal Courts
Bankruptcy Tax
Trial Courts
Appellate Courts
U.S. Supreme Court
Arbitration
trial by a private judge or attorney; much faster and less expensive that the court system
- no right of appeal
Mediation
voluntary procedure where the parties meet with a mediator to try to settle the case
Tort
a civil wrong that is not a branch of contract
4 Types of Wrongfulness
Intent - desire to cause certain consequences
Recklessness - conscious indifference to a known and substantial risk of harm
Negligence - failure to use reasonable care
Strict Liability - liability regardless of fault
Torts against People
1. Battery
2. Assault
3. Intentional Infliction of Emotional Distress
4. False Imprisonment
5. Defamation
6. Invasion of Privacy
7. Misuse of Legal Proceedings
8. Fraud
Battery
intentional and harmful or offensive torching of another, without consent
Intend
- intent to cause the harmful or offensive contact
- intent to cause apprehension that the contact is imminent
(contact is harmful when it causes bodily injury)
Transferred Intent
as long as you intend to harm one person, if you did injure someone it is battery
Assault
an intentional attempt or threat to cause a harmful/offensive contact with another person
- plaintiff must actually see or feel the potential contact

- threats of future battery do not constitute assault

- apprehension must be reasonable
Intentional Infliction of Emotional Distress
- wrongdoer's conduct has to be outrageous
- wrong doer's must act intentionally/recklessly
- emotional distress must be severe
- reasonable person test
- first amendment considerations
False Imprisonment
- intentional confinement f another person for an appreciable time, without his/her consent (a few minutes)
**for it to be confinement, there should be a means of escape, if there is a means then not false imprisonment
**person confined must be aware of it
Defamation
- an unprivileged, publication of, false and defamatory, statements concerning another person, their reputation
**statements of opinions are not defamatory because only facts can be false
Libel
a written defamation statement
Slander
a spoken defamation statement
Invasion of Privacy
- intrusion on solitude or seclusion
- public disclosure of private fact
- false light publicity
- commercial appropriation of name or likeness (Right of Publicity)
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