Bus Law - Final

doctrine of Stare Decisis

doctrine that requires lower courts to follow existing case law in deciding similar cases

due process of law

constitutional requirement for fundamental fairness in legal/court systems; must be provided adequate notice and a proper hearing

legal rights

benefit you’re entitled to by the law; a claim recognized and delimited by law for the purpose of securing it

legal duties

an obligation arising out of contract or law

specific performance

remedy for breach of contract the orders the breaching party to do exactly what was required under the contract

civil law

group of laws used to provide remedy for wrongs against individuals

criminal law

group of laws that defines and sets punishments for offenses against society

civil case

plaintiff, seek money, preponderance of evidence, not always a jury, majority rule, liable/non liable

criminal case

prosecutor, seek punishment, burden of proof, availability of a jury always, unanimous vote, guilty/not guilty

arbitration

listen to both parties sides then make legally-binding decision/solution

mediation

try to keep both sides talking to come up with solutions/agreements

elements of a tort

1. duty

2. breach of duty

3. injury

4. causation

negligence

doing something or not doing something that a reasonable prudent would or would not do under similar circumstances

contributory negligence

if the plaintiff is even 1% at fault, they get nothing

comparative negligence

the award is reduced by the percent of the plaintiff’s fault

50/50 rule

if the plaintiff is more than 50% at fault they get nothing

vicarious liability

responsibility of someone else’s torts

lottery

1. pay to play

2. win by chance/luck

3. prize awarded

capacity

the ability to understand consequences of a contract

offer

a proposed statement

requirements:

1. intent

2. complete and clear

3. communicated to the offeree

acceptance

in effect once posted/sent

consideration

promise, performance, or forbearance bargained by a promisor in exchange for their promise; consideration is the main element of a contract, without consideration by both parties, a contract cannot be enforceable

revocation

in effect once received/seen

duress

occurs when one party uses an improper threat or act to obtain an expression of agreement

undue influence

occurs when one party to a contract is in a position of trust and wrongfully dominates the other party

ratification

approve or enact a legally binding act that would not otherwise be binding in the absence of such approval

disaffirmance

the right for one party to renounce a contract; refusal to be bound by a previous legal agreement

injunction

court order to do or not to do something

FINAL CASE

negligence!!

comparative negligence

50/50 rule

reasonable person test (RPT)

foreseeable action

assumption of risk