Instructions: You will have 1 attempt to answer these questions correctly.
1.How to determine which jurisdiction’s laws ought to apply to a given case or controversy is known as the question of ______________.
test
How to determine which jurisdiction’s laws ought to apply to a given case or controversy is known as the question of “choice of law” or the subject “conflict of laws.”
2.“Rules of Evidence” does what?
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The Federal Rules of Evidence (which applies to proceedings in federal courts) govern the presentation of facts and testimony at trial. The evidence adduced at trial constitutes the case record, upon which the jury must render its decision. As noted previously, barring some egregious error, this record remains fixed and binding upon the appellate courts as well.
3.Barring a “clear error” in the proceedings of a trial court, the appeals courts judges will do what?
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Unless “clear error” can be shown, the appeals court judges will defer to the fact-finding and the factual record developed by the trial court. The appeals court judges will, however, review the trial court’s interpretation of the law “de novo” – meaning, without any deference whatsoever.
4.A party dissatisfied with the result of an appeal may seek to have the case re-heard _______________.
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A party dissatisfied with the result of an appeal may seek to have the case re-heard “en banc,” before all of the judges of the circuit court, and/or instead, may petition the Supreme Court for its review of the matter.
Private Law
Instructions: Select each drop down to learn more about examples of historic and useful canons of statutory instruction that are commonly applied to parse legislative language. Select the audio icon to learn more about that term.
Contracts
Governs the enforceability of promises.
Common features:
For a contract to exist, one would need to find a valid contractual offer, coupled with a valid acceptance of that offer.
Needs consideration behind the promise (quid-pro-quo).
“Expectation damages” is default rule.
Learn more by listening to the brief
Contract Law: Interpreting the Language
The objective in interpreting a contract is to give effect to parties’ intents.
Parole evidence rule: governs whether courts can go beyond the contract’s text in their assessment of the contract’s terms
Statute of frauds: Requires long-term and high-value contracts to be reduced to writing.
Futility and impossibility: In some cases, law relieves a party of contractual obligations in face of changed circumstances rendering performance futile or impossible.
Learn more by listening to the brief
Torts
Tort law addresses civil liability - redress from injury caused intentionally and by one’s own negligence.
Strict liability: damages from harms caused without intention or negligence.
Reasonable person standard: An obligation to apply a degree of care that a reasonable person would employ under similar circumstances. Failure to comply could constitute negligence.
Learn more by listening to the brief
Property
Property law addresses rights parties possess with respect to real property, and means by which rights can be transferred. Generally a matter of state law.
Also related is intellectual property, which governs rights and interests in patents, copyrights, and trademarks. Primarily governed by federal law in the U.S.
Learn more by listening to the brief
Family Law
Addresses domestic relations: the rights and duties of spouses, parents, and children.
Addresses how rights and duties can be created and severed.
Marriage laws cover who has capacity to marry.
Divorce Laws cover grounds for dissolving marriage.
Also addresses disposition of property following divorce, and alimony.
Learn more by listening to the brief
Commercial Law
Relates to commercial transactions, including:
Sale of leased goods
Secured transactions
Negotiable instruments
Bank deposits and collections
Letters of credit
Documents of title
Electronic fund transfers
Much of commercial law is regulated by the states.
States have adopted Uniform Commercial Code.
Learn more by listening to the brief
Business Enterprises
Covers law governing partnerships and corporations, including the rights and duties of the various parties to these enterprises.
Almost wholly state-based.
Each state has its own versions, but much of business organization law can be negotiated via contract.
Learn more by listening to the brief
Partnerships and Corporations
Partnerships
Partners are fiduciaries toward one another and toward the partnership.
Partners are exposed, jointly and severally, to unlimited liability for the partnership’s debts.
Corporations
Separation of ownership and control – shareholders do not typically control the corporation. Control is given to an elected board.
Limited liability – shareholders are not ordinarily liable for the debts of the corporation
Learn more by listening to the brief
Variations
Businesses can be structured as limited partnerships, or limited liability companies, which generally enjoy the same flexibility, informality, and tax advantages of the general partnership, while enjoying some of the limited liability protections of the corporation.
Close (closed) corporation: A small number of shareholders, who both own and operate the enterprise.
Learn more by listening to the brief
Check Your Understanding
Intructions: Match the description to the correct category of Private Law. You will have one attempt to match the items correctly, and will receive feedback only after selecting Submit! Good Luck!
Question
Your Response
Correct Answer
This area of law governs the enforceability of promises.
In a nutshell, Contract Law governs the enforceability of promises. It addresses the conditions under which a promise can be made legally binding, and the remedies available in the event of a breach of contract.
This field of law addresses civil liability typically arising from negligence or wrongdoing.
Aside from contract law, tort law is that field that addresses civil liability generally.
The standard instrument used to convey an interest in this area of law is a “deed.”
The standard instrument used to convey an interest in property law is the deed.
Marriage and divorce are critical areas of this area of law.
Family law addresses domestic relations: the rights and duties of spouses, parents, and children. It addresses how these rights and duties can be created, and how they can be severed.
Most of this area of law consists of default rules to govern situations that the parties haven’t addressed in their agreements or charters.
The law of business enterprises covers the law governing partnerships and corporations. It covers the rights and duties of the various parties to these enterprises.
This area of the law addresses subjects including the purchase and sale of goods and agreements between merchants.
Despite its interstate nature, much of commercial law in the United States is regulated by the states. There is some uniformity, however, due to the promulgation, and adoption, of the Uniform Commercial Code by all fifty states.
