Uniform Commercial Code - Nationwide code that seeks standardize commercial transactions into
a single, cohesive unit
Contract elements - agreement, consideration, capacity, legality
Liquidated Damages - An amount, stipulated in the contract, that the parties to a contract believe
to be a reaso...
GBL 385 Exam 1
Intentional Torts - o Torts in which the defendant possessed the intent or purpose to inflict the
resultant injury
Jurisdiction - o A court's jurisdiction is set by law and limited by territory and type of case
o Is the authority of a court to hear and decide cases
o Courts settle disputes
A private party v. government
State v. United States Government
Individual v. individual
Civil Law - o Anything that is not criminal in nature
o Proof needed: preponderance of the evidence
o Government v. private prosecutions
o The law of contracts, property, torts, employment, divorce, inheritance, tax and many other things
Criminal Law - o Civil infractions or Felony and misdemeanors
o Statutory in nature
o Proof needed: beyond reasonable doubt
Common Law - o Law made and applied, leading to precedents (stare decisis) by courts
o We adopted the common law from England
o Courts make law in the way that they interpret law (case law)
Precedent - o A similar case in the past that can be related to the current case
Equitable Powers of Courts - o If one is dissatisfied with the courts, you can appeal
, Burden of Proof - o The standard or test we apply in a trial
o Changes depending on if civil or criminal. Civil would be if 50% of evidence points to something
Burden of Persuasion - o The issue regarding who must prove their version of the case.
Criminal case: government
Civil case: Plaintiff must prove their case
o Right to remain silent, right to confront witnesses, right to an attorney
Federal Supremacy - o Occurs when there is a literal conflict between state and federal measures,
so that it is impossible to follow both simultaneously and
o The federal regulation is pervasive and
o The state regulation is an obstacle to fulfilling the purposes of the federal law
This establishes that federal law takes precedent over all state and local law
Establishes that state laws must not conflict with federal laws
Role of the Jury - We use the jury to determine facts
The 'police power' reserved by the states/ 10th amendment - o The 10th amendment states
powers not delegated to the US by the constitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people
o Police powers - the capacity of the states to regulate behavior and enforce order within a certain time
frame
Contracts
Property
Business associates
Liquor liability
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