Legal Environment Flashcards
(39 cards)
Law derived from the U.S. or state constitutions
6 Types of Law
Constitutional Law
Law based on the U.S. Constitution or a state constitution
6 Types of Law
Constitutional Law
outlines the structure of government and protects individual rights
6 Types of Law
Constitutional Law
it establishes government powers and individual rights
6 Types of Law
Constitutional Law
Laws created by legislatures through statutes or codes; federal or state level
6 Types of Law
Statutory Law
Law written and enacted by legislative bodies (Congress or state legislatures
6 Types of Law
Statutory Law
Law governing the operation and procedures of government agencies
6 Types of Law
Administrative Law
Law that governs the structure and procedures of administrative agencies
6 Types of Law
Administrative Law
Rules created by agencies under the authority of statutes; they apply to individuals and businesses
6 Types of Law
Regulatory Law
Specific rules created by agencies that apply laws to industries, businesses, or individuals
6 Types of Law
Regulatory Law
Law established by court decisions; also called precedent
6 Types of Law
Case Law
Legal rules developed from judicial decisions and used as precedent
6 Types of Law
Case Law
Traditional law developed through court decisions over time, especially from English legal systems
6 Types of Law
Common Law
Judge-made law based on tradition and past decisions, not written statutes
6 Types of Law
Common Law
Purpose
Resolves disputes between individuals or entities
Civil Law vs. Criminal Law
Civil Law
Parties
Plaintiff vs. Defendant
Civil Law vs. Criminal Law
Civil Law
Burden of Proof
“Preponderance of the evidence” (more likely than not)
Civil Law vs. Criminal Law
Civil Law
Penalties
Usually monetary damages or court orders
Civil Law vs. Criminal Law
Civil Law
Examples (Accounting)
Breach of contract, negligence, shareholder lawsuits
Civil Law
Purpose
Punishes offenses against society/government
Civil Law vs. Criminal Law
Criminal Law
Parties
Government (Prosecution) vs. Defendant
Civil Law vs. Criminal Law
Criminal Law
Burden of Proof
“Beyond a reasonable doubt”
Civil Law vs. Criminal Law
Criminal Law
Penalties
Jail, fines, probation, community service
Civil Law vs. Criminal Law
Criminal Law
Examples (Accounting)
Fraud, embezzlement, insider trading
Civil Law vs. Criminal Law
Criminal Law