Law and Litigation: Criminal and Civil Justice

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

In legal terms, what distinguishes 'legal relief' from 'equitable relief' in a civil dispute?

  • Legal relief is temporary, while equitable relief is permanent.
  • Legal relief is decided by a judge, while equitable relief is determined by a jury.
  • Legal relief involves monetary compensation, while equitable relief involves specific actions or injunctions. (correct)
  • Legal relief applies only to criminal cases, while equitable relief applies only to civil cases.

The primary function of litigation is planning for future business ventures and ensuring their legal compliance.

False (B)

Explain how predictability in law contributes to the functioning of the economy.

Predictability in law allows businesses to operate with assurance, facilitating contracts, agreements, and regulatory compliance. This stability fosters economic flow and growth.

A ______ serves as a reflection of one's legal right to own property.

<p>deed</p> Signup and view all the answers

Match the following legal actions with their descriptions:

<p>Criminal Action = Case investigated/brought by the government for illegal conduct. Civil Action = Case brought by an aggrieved party seeking legal or equitable relief. Internal Investigation = Inquiry within an organization to examine potential misconduct. Agency Investigation = Examination by a government body into potential legal violations.</p> Signup and view all the answers

Which of the following is NOT a source of law?

<p>Philosophical treaties (A)</p> Signup and view all the answers

Choice of law clauses in contracts allow parties to predetermine which jurisdiction's laws will govern their agreement, reflecting a degree of autonomy in legal matters.

<p>True (A)</p> Signup and view all the answers

Explain the significance of contracts in the context of the global economy.

<p>Contracts form the backbone of the global economy by enabling reliable transactions and agreements between parties across different regions and legal systems, fostering trust and predictability.</p> Signup and view all the answers

Flashcards

Litigation

A dispute brought to court for resolution.

Law's Focus

Seeks to correct past wrongs through legal means.

Criminal Action

Legal action initiated by the government against an individual or entity for violating the law.

Civil Action

Legal action between private parties seeking resolution for a dispute.

Signup and view all the flashcards

Legal Relief

Monetary compensation awarded as a remedy in a legal case.

Signup and view all the flashcards

Equitable Relief

A court order requiring or prohibiting a party from performing a specific action.

Signup and view all the flashcards

Predictability in Law

The concept that legal agreements and rules enable consistent expectations and behaviors.

Signup and view all the flashcards

Deed

A legal document that signifies the right to ownership of a property.

Signup and view all the flashcards

Study Notes

  • Litigation is a dispute brought to court, often seen in personal injury cases or business conflicts.
  • Law involves redressing the past through internal, agency, criminal, or civil actions.

Justice in Cases of Illegal Conduct (Criminal)

  • Government or agency investigates or brings the case.
  • Examples include:
    • Federal: United States vs. Elizabeth Holmes (2021)
    • State: Commonwealth of Virginia vs. John Brown (1859)
    • Other Federal: United States v. Nixon (1974)

Justice Among Parties in a Private Dispute (Civil) and Internal Investigations

  • The aggrieved party initiates the case, seeking legal relief, or equitable relief such as requiring or forbidding specific actions.

Planning

  • Includes corporations, securities, wills, trusts, family law, all contracts, mergers, acquisitions, etc.
  • Law enables predictability in business through contracts, agreements and regulations.
  • Predictability is essential for the economy to function properly.

Source of Law

  • Declaration of Independence (1776).

  • Acts of government (federal and state).

  • Constitution.

  • Statutes and regulations from administrative agencies.

  • Local rules, court decisions (common law).

  • Most laws originated from England.

  • All law comes from human sources.

  • Choice of law involves conflicts of laws and choice of law clauses.

  • Predictability is essential in law and comes from contracts.

  • A deed is the reflection of the right to own a property.

Contracts

  • Serve as a foundation for the global economy.
  • Amazon is a big bundle of contracts.
  • Basic terms make a contract enforceable.
  • Contracts allow strangers to rely on each other.
  • Global economy runs on contracts, as does everyday life and civilization itself.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

Privilege -Criminal
40 questions

Privilege -Criminal

ExpansiveAwe634 avatar
ExpansiveAwe634
Civil vs. Criminal Law Overview
16 questions

Civil vs. Criminal Law Overview

ExtraordinaryBanjo4446 avatar
ExtraordinaryBanjo4446
Criminal Case Litigation Procedures Test
10 questions
Use Quizgecko on...
Browser
Browser