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Chapter 1 Vocabulary. Basics. Laws – collection of rules imposed by authorities Crime – punishable offense against society. Categories of Law. Civil law – wrong against individuals; preponderance of evidence (50%); no jail, only $; (negligence)
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Basics • Laws – collection of rules imposed by authorities • Crime – punishable offense against society
Categories of Law • Civil law – wrong against individuals; preponderance of evidence (50%); no jail, only $; (negligence) • Torts – private wrongs (civil) in business (negligence) • Contracts – violations (breach) of contractual agreement that is legally enforceable • Criminal Law – crimes against society; prosecution is government; reasonable doubt (98%); jail, fines, or execution; presumed innocent (murder, rape, theft, etc) • Felony • Misdemeanor
Types of Law • Constitutional law – law that is dictated by the government framework • Unconstitutional – law is invalid because it conflicts with the constitution • Common law – law based on the customs of a group • Business law – Group of laws that governs business situations and transactions • Positive law – law dictated from above (magistrate)
Agencies • Administrative agency - Government body that controls & supervises a particular activity (DMV) • Administrative Law - laws made by a governing body (FDA, FCC, OSHA, FAA) • Code – laws grouped in to an organized form • Ordinances – legislative enactments by a city
Legal Rights • Procedural law – group of laws defining the methods for enforcing legal rights and decisions • Substantive law – group of laws that define rights and duties
Laws Made Today • Case law – made after a trial has ended; precedent • Statues – laws enacted by legislatures
Decisions • Equity – basic fairness; preventable • Jurisdiction – power of a court to decide a case • Stare decisis – doctrine requiring lower courts to adhere to existing case law in making decisions