HA 3347 TEST WITH COMPLETE SOLUTIONS
Public Law - ANSWER the law of relationships between individuals and the government.
Private Law - ANSWER law that involves suits between private individuals or groups
Common Law - ANSWER established by following earlier judicial decisions
Statutory Law - ANSWER Written laws
Precedent - ANSWER A judicial decision that may be used as a standard in subsequent
similar cases
Res Judicata - ANSWER Means the thing is decided
- refers to that which has been previously acted on or decided by the courts
Stare Decisis - ANSWER - Common law principle meaning let the decision stand
-Based on similar cases and fact patterns
precedence
administrative law - ANSWER Extensive body of public law issued by administrative
agencies to direct the enacted laws of the federal and state governments
3 levels of federal court - ANSWER District Court, Court of Appeals (circuit), Supreme
Court
Tort - ANSWER A civil wrong, committed against a person or property (real or
personal)for which a court provides a remedy in the form of anaction for damages.
why do we have tort law? - ANSWER Preservation: To preserve peace between
individuals
Culpability: To find fault for wrongdoing
Deterrence: To discourage the wrongdoer (tort-feasor) from committing future wrongful
acts Compensation: To indemnify injured person(s)
Contract - ANSWER A contract is a special kind of voluntary agreement, either written
or oral, that involves legally binding obligations between two or more parties.
Competency - ANSWER persons involved in agreement have full capacity and authority
to enter into a contract
breach of contract - ANSWER Occurs when there is a violation of one or more of the
terms of the contract
, Elements necessary to establish a breach:
- A valid contract was executed.
- The plaintiff performed as specified in the contract.
- The defendant failed to perform as specified in the contract.
- The plaintiff suffered an economic loss as a result of the defendant's breach of
contract.
When you breach a contract ; remedies will occur to make the person whole
Elements of a Contract - ANSWER offer, acceptance, consideration
have to have consideration but don't need it for the actual contract
Categories of torts - ANSWER intentional, negligent, strict liability
negligence - ANSWER a tort that is careless "unintentional" neglect, often resulting in
injury
elements of negligence - ANSWER duty, breach of duty, causation, damages
duty to care - ANSWER A legal obligation of care, performance, or observance imposed
on one to conform to a recognized standard of care to safeguard the rights of others
standard of care - ANSWER The standard of care describes the conduct expected of an
individual in a given situation.
The general standard of care that must be exercised describes what a "reasonably
prudent person" would or would not do under the "same or similar circumstances
Intentional torts - ANSWER Assault and battery
False imprisonment
Defamation of character
Fraud Invasion of privacy
Intentional infliction of mental distress
Products liability
Assault - ANSWER Deliberate threat, coupled with apparent ability to do physical harm
to another. Actual contact is not necessary.
Battery - ANSWER Intentional touching of another's person in a socially impermissible
manner without person's consent
Product liability - ANSWER Liability of a manufacturer, seller, or supplier of chattels to a
Public Law - ANSWER the law of relationships between individuals and the government.
Private Law - ANSWER law that involves suits between private individuals or groups
Common Law - ANSWER established by following earlier judicial decisions
Statutory Law - ANSWER Written laws
Precedent - ANSWER A judicial decision that may be used as a standard in subsequent
similar cases
Res Judicata - ANSWER Means the thing is decided
- refers to that which has been previously acted on or decided by the courts
Stare Decisis - ANSWER - Common law principle meaning let the decision stand
-Based on similar cases and fact patterns
precedence
administrative law - ANSWER Extensive body of public law issued by administrative
agencies to direct the enacted laws of the federal and state governments
3 levels of federal court - ANSWER District Court, Court of Appeals (circuit), Supreme
Court
Tort - ANSWER A civil wrong, committed against a person or property (real or
personal)for which a court provides a remedy in the form of anaction for damages.
why do we have tort law? - ANSWER Preservation: To preserve peace between
individuals
Culpability: To find fault for wrongdoing
Deterrence: To discourage the wrongdoer (tort-feasor) from committing future wrongful
acts Compensation: To indemnify injured person(s)
Contract - ANSWER A contract is a special kind of voluntary agreement, either written
or oral, that involves legally binding obligations between two or more parties.
Competency - ANSWER persons involved in agreement have full capacity and authority
to enter into a contract
breach of contract - ANSWER Occurs when there is a violation of one or more of the
terms of the contract
, Elements necessary to establish a breach:
- A valid contract was executed.
- The plaintiff performed as specified in the contract.
- The defendant failed to perform as specified in the contract.
- The plaintiff suffered an economic loss as a result of the defendant's breach of
contract.
When you breach a contract ; remedies will occur to make the person whole
Elements of a Contract - ANSWER offer, acceptance, consideration
have to have consideration but don't need it for the actual contract
Categories of torts - ANSWER intentional, negligent, strict liability
negligence - ANSWER a tort that is careless "unintentional" neglect, often resulting in
injury
elements of negligence - ANSWER duty, breach of duty, causation, damages
duty to care - ANSWER A legal obligation of care, performance, or observance imposed
on one to conform to a recognized standard of care to safeguard the rights of others
standard of care - ANSWER The standard of care describes the conduct expected of an
individual in a given situation.
The general standard of care that must be exercised describes what a "reasonably
prudent person" would or would not do under the "same or similar circumstances
Intentional torts - ANSWER Assault and battery
False imprisonment
Defamation of character
Fraud Invasion of privacy
Intentional infliction of mental distress
Products liability
Assault - ANSWER Deliberate threat, coupled with apparent ability to do physical harm
to another. Actual contact is not necessary.
Battery - ANSWER Intentional touching of another's person in a socially impermissible
manner without person's consent
Product liability - ANSWER Liability of a manufacturer, seller, or supplier of chattels to a
