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