Business & Funeral Law 1

Precedent

Previous court rulings on similar cases.

Case law

Appellate court decisions based on custom and usage and prior decisions.

Reception statutes

All U.S. states, except Louisiana, have enacted what?

Alternative dispute resolution (ADR)

Informal means for resolving disputes.

Mediation, arbitration

Give two examples of ADR.

Federal system, state and local system

The American legal system is divided into two systems.

The Constitution

The basis of all law.

Bill of Rights

The first ten amendments are referred to as what?

Common law

What is a historical foundation of United States jurisprudence?

Plaintiff

The party who initiates a civil action.

Summons

A notice given to a defendant, attaching the complaint and stating a time frame in which to respond.

Execution

The carrying out or completion of some task.

Discovery

The formal and informal exchange of information between sides in a lawsuit.

Answer

Official document responding to the plaintiff’s complaint.

Statute

A law enacted by a legislative body.

Regulations

Standards and rules adopted by administrative agencies that govern how laws will be enforced.

Tort

A private or civil wrong against a person or their property, other than by breach of contract, for which there may be action for damages.

Product liability

Involves a legal action against a company by a consumer for a defective product that caused loss or harm to the customer.

Product warranty

Details the promises of the nature of the product sold to customers.

Express warranty

The actual and definite statement of a seller, either verbally or in writing, at the time of the sale.

Federal Trade Commission (FTC)

An agency of federal government to promote free and fair competition by prevention of trade restraints, price fixing, false advertising and other unfair methods of competition.

Felony

Serious criminal offense punishable by imprisonment for more than one year or death.

Warranties

Guarantees made by a seller that an article, good or service will conform to a certain standard or will operate in a certain manner.

Implied warranties

Protections imposed by law, arising automatically because the sale has been made.

Negligence

Failure to exercise reasonable care.

Strict liability

Imposition of liability without a finding of fault.

Restatement of Torts

Basic elements of the tort action for liability for accidental personal injury and property damage, as well as liability for emotional harm.

Contract

A legally enforceable agreement.

Sales contract

Involve the sale of goods and include price terms, quantity and cost, how the terms of the contract will be performed, and method of delivery.

Law

Those rules of conduct commanding what is right and prohibiting what is wrong.

Labor law

This law includes worker protection and safety laws.

Antitrust law

Laws which seek to promote competition among businesses.

Mens rea

The criminal, or guilty, or wrongful mind.

Actus reas

The criminal, or guilty, or wrongful act.

The information

The first pleading filed by the prosecutor is called what?

The arraignment

Where the defendant appears in court so that the court can determine or confirm his or her identity, inform the defendant of the charge the prosecutor has filed against him or her, and hear the defendant’s plea.

Civil law

The body of law concerned with private or personal rights.

Criminal law

Laws dealing with crimes and the punishment of wrongdoers.

Crime

An offense which is injurious to society as a whole.

Defendant

The part against whom legal action is brought.

Prosecution

An attorney, or group of attorneys, hired by the government to present a case against the accused.

Fine

Payment of money to the state.

Incarceration

The state of being confined in jail/prison.

Malpractice

Professional negligence is often called what?

Judgment

A decision of a court.

Complaint

The document which initiates a civil lawsuit.

Common law

The body of law derived from judicial decisions, rather than from statutes or constitutions.

Business law

Rules of conduct for the performance of business transactions.

Funeral service law

A branch of law that deals with matters concerned with the disposal of the dead, regulation of funeral directors and embalmers, and funeral establishments.

Constitution

A fundamental law that establishes the government, limits what the government can and cannot do, and states the underlying principles to which the government will conform.

Statutory law

Legislation is also known as what?

Police power

The inherent power of a government to make reasonable laws to protect the safety, health, morals, and general welfare of its citizens.

Ordinance

Law enacted by a local unit of government.