GBL 385- exam 1 Prep 2024/2025 (Answered)
157 Questions and Correct Answers. Latest Update.
Objectives of law
law exists to influence behavior
Hammurabi--in one of the oldest law codes known to man opined that "law exists to protect the weak
from the strong"
As a society we criminalize behavior that we wish not to tolerate and in that way we seek to deter or
influence certain behavior; we do the same with civil law.
statutory law
Our legal representatives pass laws (both civil and criminal) in the form of statutes and codes
common law
Court's make law in the way that they interpret law - we call this case law. We adopted the common law
from England and we have added to it over the past 230+ years. Many of the "rights" that we hold dear
to us come from the common law (case law) - 'right to privacy'
precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar
circumstances.
(stare decisis)
criminal law
statutory in nature.
Civil Infractions
Not Considered Crimes (limited to fines)
Two basic types of crimes:
Felonies: imprisonment of more than one year; death penalty
Misdemeanors: imprisonment of one year of less
civil law
Anything that is not criminal in nature.
The idea behind civil law is that civil law allows for people to live together, work together, and rely upon
each other in a more orderly and civilized manner.
,Whether we embrace the idea or not, we all rely upon each other in one fashion or another- we place
our safety and safety of our families in each others hands on a daily basis. Civil law is the law of
contracts, and property, and torts, and employment, and divorce, and inheritance, and tax - AND SO
MANY OTHERS
Burden of proof
A requirement that more
then 50% of
the evidence points to
something
For example: At the end of
civil case A v. B, 51% of
the evidence favors A. Thus,
A has a preponderance of
the evidence, A has met their
burden of proof, and A will
win the case
burden of persuasion
right to remain silent, right to confront witnesses, right to an attorney
is allocated to the party who needs to convince the fact finder in order to win on a particular claim or
defense
Federal courts
Federal courts interpret and apply federal statutes and regulations and consider the constitutionality of
both state and federal legislation and regulations
Federal courts can also apply state law in disputes involving parties from different states
State Courts
State courts interpret and apply the laws of their state only - their rulings have no legal application
outside the boundaries of their state
State courts can also interpret and apply most federal statutes and regulations when they otherwise
have jurisdiction (patent and copyright are a major exception)
State courts can also consider the constitutionality of both state and federal legislation
Arbitration
is a contractual agreement NOT to litigate a dispute using the government sponsored court system, but
to resolve a dispute outside of the courts through a binding process known in which an arbitrator issues
a binding and final decision. No juries and limited appeals.
, Jurisdiction
A court's jurisdiction is set by law and limited by territory and type of case. Jurisdiction is the authority of
a court to hear and decide cases. Courts settle disputes between individuals or parties (a private party v.
the government, or a state v. the United States government, or an individual v. another individual, etc.).
Each side presents its position. The court (or jury) applies the law and decides in favor of one or the
other.
Enumerated powers
the United States government of limited authority - it has limited powers
Commerce clause
Primarily the powers granted the federal government are found in Article I, Section 8 - specifically the
authority to regulate commerce amongst the several states - the so-called "commerce clause"
TORT
YOU AND I - WE HAVE A CONTRACT TO SOCIETY- WHEN YOU PERFORM AGAINST THE LAW - IT IS
CONSIDERED A BREECH OF CONTRACT
Every person who you come in contact with that you may cause harm to- you have an obligation to them
to conduct yourself to minimize that behavior
If you see someone acting in an unlawful manner—don't automatically have the right to sue them; it
must affect/harm you to the party that is bringing the case (STANDING)
assault
Occurs when one person intentionally puts another in reasonable fear of an imminent offensive or
harmful bodily contact/touching.
Does one need to know whether they have been a victim of assault?
YES
Need to know that you are assaulted!
Assault is the knowledge that you know something bad is going to happen to you
Battery
Harmful or offensive touching - includes pushing, punching, spitting, or shooting.
Someone has intentionally grabbed, touched in an inappropriate way
Does one need to know whether they have been a victim of battery?
NO
Think about the Nasser case- maybe did not have the capacity to understand what they have gone
through
False Imprisonment
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