Chapter 5 - Law and Society Quiz

Civil Law

Civil (or private) law is defined as a system of legal codes that regulate relationships between individuals. It focuses on governing areas such as family, property, contracts, and harms (torts), and is concerned with protecting and enforcing private rights rather than addressing crimes against the state.

Obligation

Defined as a binding legal duty between individuals under the law (referred to as vinculum iuris), which is necessary for people to live together in a voluntary society. In other words, it is the idea that individuals are legally bound to act or refrain from acting in certain ways toward one another, forming the foundation of social relationships and legal agreements.

Contracts

Agreements between two or more parties that create legally binding obligations. They emerge as a solution to increasing population and social complexity, allowing individuals—who may not know each other personally—to form reliable, enforceable relationships for exchanging goods, services, or responsibilities.

Contractus litteris

Contracts that were constituted by agreement in writing rather mere words; and.

Contractus verbis

Contracts that were constituted by voluntary verbal agreement of two or more parties;

Error

A bona fide mistake, meaning a belief that is contrary to the truth, held by one or both parties when entering into a contract.

Torts

Harms (or wrongs) against the private interests of individuals that do not rise to the level of criminal acts and require redress rather than punishment.

Unjust enrichment

A situation in which a person obtains something of value from another person that is later determined to be unjust.

Property

That sole and despotic domain which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. This definition is primarily used by William Blackstone.

Bundle of rights

Property is not a single absolute right, but a collection of different rights - such as the rights of to use, transfer, enjoy, and control property- along with related obligations, depending on the type of property.

Jus abutendi

The right of spoiling or destroying one’s property.

Testator

A person who makes a will or last testament, leaving instructions regarding the disposition of their property or other wishes after their death.

Seventh Amendment

Guarantees the right to a trial by jury in civil cases as long as the amount of legal remedy sought is greater than $20. It primarily applies to federal civil cases and is intended to preserve the role of juries in resolving disputes, though in practice most civil cases are decided by judges or settled out of court.