Introduction to the Legal System

Contracts

Legally binding agreements between two or more parties that outline the rights and obligations of each party involved.

Real Estate

The buying, selling, and ownership of property, including land and buildings.

Mergers, Acquisitions

The combining of two or more companies through various financial transactions, such as buying or selling of assets or shares.

Criminal Defenses (Liabilities)

Legal representation and defense for individuals or businesses facing criminal charges or liabilities.

Labor Laws

Laws that regulate the relationship between employers and employees, including matters such as wages, working conditions, and employee rights.

Intellectual Property, Copyright

Legal protection for original creations of the mind, such as inventions, artistic works, and symbols, to prevent unauthorized use or reproduction.

Legal Structures

The different legal entities that businesses can adopt, such as sole proprietorship, partnership, corporation, or limited liability company (LLC).

Worker Compensation

Insurance or benefits provided to employees who are injured or become ill in the course of their employment.

Law

Enforceable rules that govern how a society acts, with the purpose of maintaining peace, moral standards, and providing a basis for compromise.

Jurisprudence

The science of studying schools of legal thought, analyzing legal theories, and interpreting the law.

Legal Precedent

The historical reasoning behind modern-day laws, formed by ideas, customs, logic, and history, which serves as a basis for future legal decisions.

Natural Law

Laws based on religious, moral, and ethical principles inherent in human nature, such as laws against murder, stealing, etc.

Positive Law

Laws that are created by humans and are within written legal codes, such as speed limits and regulations.

Legal Positivism

The idea that law and moral values are separate, and there is no such thing as natural law, as all rules are dictated by the government.

Landmark Case

A legal precedent-setting case that changes the interpretation of the law and/or establishes a new legal definition.

Common Law

Unwritten laws or precedents established by courts through their decisions and interpretations of legal principles.

Stare Decisis

The principle of following legal precedents to establish consistency

Gibbens v. Ogden

federal authority over interstate waters

Granholm v. Heald

economic discrimination - example of Commerce Clause

Heart of Atlanta Motel v. US

commerce clause includes local regulation which might hurt commerce on interstate/federal territory

Civil law

private relations within a community brought to court

• disputes

• claimant / plaintiff vs defendant

• remedy

• judgement

• probability

• private

Criminal law

concerned with crimes (breaking of laws)

• wrongs

• prosecutor vs defendant

• verdict

• conviction

• acquittal

• sentence

• punishment

• burden of proof

• public

Burden of proof

proof beyond all doubt must be provided for a defendant to be conidered guilty (such a ruling would cause a loss of civil liberties, so extra caution must be taken)

Prong 1 (establishment clause)

entanglement of government with religion violates the first amendment

Prong 2 (establishment clause)

prohibition of religious practice violates the first amendment

Prong 3 (establishment clause)

a law must have a secular legislative purpose to not violate the first amendment

Nominal damages

symbolic award for wrongings without real damages

Assumption of risk

if a potentially damaging scenario is actively entered, there is no ground to sue

Contributory negligence

plaintiff’s negligence contributes to injury, so plaintiff cannot collect

Comparative negligence

plaintiff and defense is assigned damage based on the degree of fault

Time is of the essense

in a contract, what is lost if a contract is breached must be specified in order to collect funds if either party takes too much time to fulfill their end of the contract