Bus Law Exam 1 Notes Flashcards by Shun Shun

Rules of civil conduct commanding what is right and prohibiting what is wrong.

What is Law?

“Blackstone’s definition”

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It is a governmental rule prescribing conduct and carrying a penalty for violation

What is Law?

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Laws dealing with crimes and the punishment of wrong doers. IE: Laws dealing with offenses against society

Criminal law:

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Is a criminal offense which is injurious to society as a whole. IE: Punishable offense against society

CRIME

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-criminal offense punishable by confinement in prison or by death ie: murder, bank robbery

Felony:

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Criminal offense which is neither treason nor a felony ie: speeding ticket, running a stop sign

Misdemeanor:

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Legal proceedings concerned with the rights of public citizens. IE: Laws dealing with the enforcement or protection of private rights

Civil law

Types:
Tort law
Contract law

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Private or civil wrong, either intentional or caused by negligence, for which there may be action for damages. IE Private wrong for which damages might be recovered.

Tort Law

Basis for Tort Liability
Intentional
Negligence
Strict Liability

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Deliberate and intentional action to cause harm

INTENTIONAL

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Failure to exercise ordinary care:

-Act of omission
-Act of commission

NEGLIGENCE

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Failing to do something which a reasonable prudent person would do under ordinary circumstance……Is negligence

Act of Omission:

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Doing something which a reasonable and prudent person would not do under ordinary circumstances…..Is negligence

Act of Commission:

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Liability for injury regardless of negligence or intent

Strict Liability:

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which seller is liable for any and all defective or hazardous products which threaten a consumer’s personal safety

Product liability

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Improper or negligent professional act by a professional person

Poor embalming
Doctor leaving an instrument in ABD cavity during or after surgery

Tort Example

MALPRACTICE

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Laws dealing with making contracts

Contract Law

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Rules of conduct prescribed by a government and its agencies, in regulating business transactions. IE. Rules of conduct for the performance of business transactions

Business Law

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Rules of conduct prescribed by a government and its agencies, in regulating transactions related to real and personal property

Property Law

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Land and objects permanently attached to land

A.K.A….Real Estate: Land, buildings, fences, trees, etc

Real Property:

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All property which is not real property

IE: car, furniture, jewelry, insurance, stocks, bonds, etc

Personal Property:

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Sources of U.S. Law
"The Pyramid of Law"
Stare Decisis
Case Law
Ordinances
Administrative Law
Police Power
Statutory Law
Constitutional Law
Common Law

Sources of U.S. Law
"The Pyramid of Law"
Stare Decisis
Case Law
Ordinances
Administrative Law
Police Power
Statutory Law
Constitutional Law
Common Law

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Customs which have become recognized by the courts as binding on the community.
Forms the historical foundation of the United States Law
Based on human experience and the “Common good” of all members of society
Rooted in English and early colonial law…“If it makes sense, it must be good law”

Common Law

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Written document containing fundamental principles of a government

It determines the powers and duties of a government
Guarantees certain rights to the people
“Law of the land”
Examples:
–Federal Constitution of the U.S. of America
–Individual state constitutions

Constitutional Law

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Laws enacted by legislative bodies.
AKA Statutes
Legislative bodies include federal, state, and local governments

Federal statutes: U.S. Congress
State statutes: Individual state legislatures

Statutory Law

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Inherent power of every government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens. Mortuary law: licensure, health standards, business operations

Police power

Body of law created by federal and state administrative agencies to implement their powers and duties in the form of rules, regulations, orders, and decisions

Administrative Law

Appointed governmental body charged with implementing particular legislation Occupational Safety and Health Act (OSHA) Federal Trade Commission (FTC) Texas Funeral Service Commission (TFSC)

Administrative Agency

Laws enacted by local municipalities - Village, town, or city - --Parking ordinances, No smoking in public buildings, levels of music

Ordinances

Court decisions that establish precedented principles Laws based on a court's interpretation of federal, state, and local laws Determines "constitutionality" of a law

Case Laws

Principle that decisions of a court should serve as a guide or precedent and control the decision of a similar case in the future Reliance on authority of established law "Like Cases Are Decided In Like Manner" Applicable to mortuary law and court cases

Stare Decisis Latin for "decision stand"

Jurisdiction: authority of a court to hear a case Related to the subject matter and person(s) involved in a court case Function of Courts: to interpret and apply law to a given situation Federal Courts: Have exclusive jurisdiction over ---bankruptcy, claims against U.S., Patent & copyright cases District Courts: Federal (circuit) courts of appeal U.S. Supreme court Special courts

The Judicial Process

authority of a court to hear a case | Related to the subject matter and person(s) involved in a court case

Jurisdiction:

to interpret and apply law to a given situation

Function of Courts:

Have exclusive jurisdiction over | ---bankruptcy, claims against U.S., Patent & copyright cases

Federal Courts: District Courts: Federal (circuit) courts of appeal U.S. Supreme court Special courts

Trial courts of the federal court system - Largest class of federal courts - Deal only with with criminal cases involving violation of federal law - Or civil suits that meet specified criteria: - --Cases brought by the U.S. Government - --Cases arising under the: U.S. Constitution, Federal Laws, Treaties

District Courts

Courts that hear appeals in the federal court system - 12 federal judicial districts - Hear appeals from cases originating in federal district courts - Or federal administrative agencies and departments within its circuit - Decisions have precedence over lower courts

Federal (Circuit) Courts of Appeal

Highest court in the United States - Court of original jurisdiction in cases involving ambassadors, public ministers, consuls, and cases in which a state is a party - As well as cases appealed from federal courts of appeal - Supreme decision over all lower courts

U.S Supreme Court

Order to produce the record of a case | Only such cases will be heard by the U.S. Supreme Court

Writ of Certiorari

Federal trial courts with limited jurisdiction - Limited by laws of Congress creating them - --Bankruptcy court, Tax court, Court of International Trade, U.S. Court of Federal Claims

Special Courts

``` The Judicial Process State courts: Inferior courts Courts of original general jurisdiction Appellate courts Special courts ```

Trial courts that hear only cases involving minor criminal offenses and disputes between citizens AKA: District, Magistrate, County, Municipal, Small Claims, Justice, Tax Courts

Inferior Courts

Court in which a case is first heard Maintain an official record of all proceedings Broad jurisdiction over disputes between two or more parties Criminal offenses against the state Hear witnesses Receive evidence Try a case AKA: Trial Court, Court of Record, Circuit Court, District Court, Superior Court

Courts of Original General Jurisdiction

Courts hearing cases appealed from lower state courts | AKA: Courts of Appeal, State Supreme Court

Appellate Courts

Courts with limited jurisdiction | AKA: Probate courts, Juvenile courts, Domestic relations courts

Special Courts

Court Procedures Civil Suit Procedural Law: Laws specifying how actions are filed and what trial procedure to follow Attorney/Lawyer: person licensed to represent others in court Complaint (Petition): written request initiating a civil suit

``` Court Procedures Civil Suit Procedural Law: Attorney/Lawyer: Complaint (Petition): Summons (Process): Answer (Motion): Judgement: Execution: ``` Plaintiff vs. Defendant Plaintiff: individual who initiates a civil action Defendant: person against whom legal action is brought

Court Procedures Summons (Process): notice of complaint given to a defendant defining the complaint and a time frame in which a response, or answer, must be filed Serves the purpose of conferring personal jurisdiction over the defendant Answer (Motion): response of the defendant to a complaint Judgement: decision of a court Execution: carrying out of completion of some task

Contract: agreement between two or more competent persons (parties) which is enforceable by law

``` Classification of Contracts Based on: Formation Performance Enforceability ```

Formation Express vs Implied Formal vs Simple

Parties express their intentions, either orally or in writing at the time of the agreement AkA: Oral Contracts, Written Contracts

Express Contracts

Terms of the contract are implied by acts or conduct of the parties AkA: Contract Implied in Fact IE: a "first call" when the family makes the first call requesting the services of the funeral home staff

Implied Contracts

Those with a special form or produced in a certain way Contract "under seal" Today most contracts are "formal contracts" AkA: Real Estate Contracts, Negotiable Instruments

Formal Contract

Any contract which is not a formal contract

Simple Contract

Classification of Contracts Performance Unilateral vs Bilateral Executory vs Executed (by stages)

Calls for an act in consideration for a promise One promise is given in exchange for an act You find my lost dog; i pay you $100

Unilateral Contract

Mutual exchange of promises Exchange a promise for a promise You agree to buy my car for $5000 Car is yours when you give me the money

Bilateral Contracts

Terms of the contract have not been completely executed or fulfilled by the parties

Executory Contract

Those contracts in which the terms have been fulfilled by the parties -fully performed contracts

Executed Contract

Enforceability | Valid, void, voidable, unenforceable

A contract which will be enforceable by the court | -contract enforceable by law

Valid Contract

Agreement with no legal effect Contract to rob a bank Sometimes referred to as a Void Contract

Void Agreement

Contract which would be an enforceable agreement, but due to circumstances, may be set aside by one of the parties Party to a contract is declared "mentally incompetent" Adult contracts with a minor Minor contracts with another minor

Voidable Contract

Agreement which is not in the form required by law, but can be made so by the parties -a contract that is not currently binding Simple contract made into a formal contract

Unenforceable Contract

Bus Law Exam 1 Notes Flashcards

(62 cards)