3. Classification of the Law

Affirmative Defense

A defense whereby the defendant offers new evidence to avoid judgment.

Defense

A fact of legal argument that would relieve the defendant of liability in a civil care or guilt in a criminal case

Cause of Action

A claim based on the law and facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complain the court will dismiss it.

Double Jeopardy

A constitutional protection against being tried twice for the same crime

Personal Property

All property that is not real property

Contract

An offer that is accepted that is also supported by consideration. If there's no consideration, it's just a gift

Injunction

Court order requiring a party to perform a specific act or cease doing a specific act

Criminal Law

Deals with harm against society classified as State/US/Commonwealth Vs. Somebody

4 Prerequisites for Negligence

Duty, Breach, Causation, & Harm

Real Property

Land & Objects permanently attached to land

Property Law

Law dealing with ownership

Substantive Law

Law that creates rights & duties

Tort Law

Law that deals with harm to a person or a person's property AKA Private Wrong

Procedural Law

Law that regulates how the legal system operates

Strict Liability

Liability without a showing of fault

Prosecution must prove (Prima Facie)

Mens Rea: bad intent Actus Rea: bad act

Damages

Monetary compensation including compensatory, punitive, & normal damages

Punitive Damages

Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant & serve as a warning to others

Compensatory Damages

Money awarded to a plaintiff in payment for his or her actual losses

Doctrine of Implied Powers

Powers not stated in the Constitution but are necessary for Congress to carry out other, expressly granted powers

Civil Law

Private actions brought by individuals to address perceived wrongs.

Felony (1st Type of Crime)

Serious crime, usually carrying a prison sentence of one or more years

Consideration

Something of value exchanged to form the basis of a contract

Mr. Whipple Case

State Civil Negligence Case: Store owner, warned of spilled juice 20 min prior to someone slipping in it & breaking their leg

Sovereign Immunity

The prohibition against suing the government without the government's consent

Preponderance of the Evidence

The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not that the defendant created the wrongful doing

Beyond Reasonable Doubt

The standard of proof used in criminal trials. The evidence presented must be so conclusive & complete that there are no reasonable doubts regarding the guilt of the accused

Clear & Convincing

The standard proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt

Negligence

Type of tort law: The failure to act reasonably under the circumstances

Assumption of the risk

Voluntarily & knowingly subjecting oneself to danger

State Laws

any laws a states makes that they deem appropriate for health, wealth , welfare, safety, and moral for their citizens as long as those laws are not prohibited by the US Constitution

Comparing Civil V. Criminal Law

1. Type of Harm (Individual v Society) 2. Names of Parties (Plaintiff/Defendant v State/Defendant) 3. Prosecutor of the Claim (Indiv/Government v Government) 4. Standard of Proof (Preponderance of evidence v Beyond a reasonable doubt) 5. Judgment (Liable/Not Liable v Guilty/Not Guilty) 6.Sanctions/Remedies (Damages/Injunctions v Imprisonment/fines/death) 7. Source of Law (Common Law/Statutes v Statutes)

3 Ways to Classify the Law

1. state, federal, or local 2. civil (harm against an individual [ie broken contract]) vs. criminal (harm against society as a whole [ie violence]) 3. substantive (defines our legal rights/duties) vs. procedural (rules that govern how the legal system operates)

Standard of Proof (burden)

1: Beyond A Reasonable Doubt (no doubt in facts) 2: Preponderance of Evidence (facts are more likely to be true than not) 3: Clear & Convincing (minor doubt)

State Law Applies When

1: Laws relate to individuals/ citizen wellness 2: Laws don't violate US constitution 3: State's own laws

Federal Law Applies when

1: US Constitutional Issues 2: Federal Statutes 3: Regulations of Federal Agencies

Categories of Crimes

1: against persons ex: battery 2: against property ex: theft 3: against public health/ decency ex: gambling 4: against government ex: treason

3 types of Cival Damages

1: compensatory 2: punitive 3: nominal

Areas of Civil Law

1: contracts 2: property law 3: torts

Criminal Defense

1: justify act 2: negate intent

Civil Defense

1: negate plaintiffs case 2: allege affirmative defense 3: immunity

Misdemeanor (2nd Type of Crime)

A minor crime not amounting to a felony, usually punishable by a fine or jail sentence less than a year

Plaintiff

A person who initiates the lawsuit

Nominal Damages

A token sum awarded when liability has been found but monetary damages cannot be shown

Intentional Tort

A tort committed by one who intends to do the act that creates the harm Ex: Battery (intentional/harmful/offensive physical contact by one person to another)

Contributory Negligence

Negligence by the plaintiff that contributed to his or her injury. Normally any finding of this acts as a complete bar to a plaintiff's recovery

Constructive

Not factually true but accepted by the courts as being legally true AKA Legal Fiction

Statute of Limitations

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost

Defendant

The person who is sued or being charged with a crime

Preemption

The power of the federal government to prevent the states from passing conflicting laws & sometimes even to prohibit states from passing ay laws on a particular subject

Prima facie case

What the prosecution or plaintiff must be able to prove in order for the case to go to the jury (the elements of the prosecution's case or plaintiffs cause of action)

Legal Fiction

When courts need to make an assumption that is not based on facts in order to resolve a dispute. Saying something is real that is not real Ex. courts saying a corporation is a person for the purpose of being able to sue and be sued