JLA Midterm Studying

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7 Terms

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Civil Case

A legal dispute between two or more parties where one party seeks compensation or specific performance rather than criminal sanctions. Civil cases typically involve issues such as contracts, property, and family law. In a civil case, the party bringing the suit is usually seeking monetary damages or an injunction to resolve a dispute. These cases are decided based on the preponderance of evidence. >50%.

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Criminal Case

A legal proceeding in which an individual is charged with committing a crime, and the government prosecutes the case to impose penalties such as fines or imprisonment. Only the District Attorney can pursue criminal cases. In these cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt.

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What is law?

Law is a set of rules governing individuals in a society that is enforced by a government authority.

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What is the function of law?

stability (done by enforcement), predictability, and continuity.

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Why do we have law?

Because citizens need to know what is lawful and unlawful behavior.

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What is commercial law?

Comes from the word commerce, it is laws governing the transactions between buying and selling that happens in the marketplace. Commercial law encompasses regulations affecting trade, including contracts, sales, and business practices.

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What is the difference between laws and morals?

Laws are formal rules promulgated and enforced by the state while morals are societal norms and personal principles regarding right and wrong. Laws can compel behavior, whereas morals influence personal conduct.