Business Law Exam 1 set 2

What is civil law?

Law involving private duties between private parties or between private parties and the government. The goal is generally to determine whether someone is liable.

What is criminal law?

Law involving duties owed to society. The government/prosecutor brings the case to determine whether the defendant is guilty.

What is substantive law?

Law that establishes rights and duties.

What is procedural law?

Law that explains how substantive law is enforced.

What is the standard of proof in civil cases?

Preponderance of the evidence — the claim is more probably true than not true. More than 50%

What is the standard of proof in criminal cases?

Beyond a reasonable doubt — the evidence leaves the factfinder firmly convinced of the defendant's guilt.

Personal trainer example: A client gets angry and shoves the trainer. Who brings a civil case?

The personal trainer can bring a civil case seeking liability.

Who brings a criminal case?

The prosecutor/government.

What is the civil standard?

Preponderance of the evidence.

What is the criminal standard?

Beyond a reasonable doubt.

Sources of Law (know the order)

• Federal Constitution

• Federal Statute

• Federal Regulation

• State Constitution

• Treaties

• State Statute

• State Regulation

• Local Ordinances

• Judicial Review

What is civil Law?

Law involving disputes between private parties.

What is criminal law?

Law involving offenses against society.

What is substantive law?

Law that establishes rights and duties.

What is procedural law?

Law that establishes how legal rights and duties are enforced.

What is the preponderance of the evidence standard?

More likely than not; generally used in civil cases.

What is the beyond a reasonable doubt standard?

A very high level of certainty; used in criminal cases.

What is federalism?

The division of power between the federal and state governments.

What is the Supremacy Clause?

Federal law takes priority over conflicting state law.