Contracts and Spec.
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What are the 3 Local Government?
- Special District
The power is given by enabling legislation
The Federal Gets Power from the State and the People?
What are the 5 levels of government?
- Special Districts
What is an Ordinance?
Laws Passed by Citys
What is a Statute?
Laws Passed by State
What is Article I Section 8?
- Powers to declare war
- Power to delegate money
- Power to navigate water
- Power to regulate interstate commerce
What are the 3 Articles?
- I. Empowered Congress (Legislative) House and Senate
- II. Executive (President)
- III. Judicial ----> Courts
Government can pass any law they want?
The State and the People Delegate to the Federal?
The People Delegate to the State?
fair Employment and Housing Act
What are the 3 types of Legal Liability
- Must have violated a statue or ordnance.
- Prosecuted by Federal, State, Local, County, City, Special District
- Is a Regulatory (Regulation)
- Disciplines people that practice something tat is not there profession
Deals with Case Law and Judicial Decisions.
The purpose is to recover money it cant be Criminal or Disciplinary. (No harm no civil liability)
- 2 Categories
- Tort : a civil wrong which is not a breach of contract.
- Contract :
You can be sue for both because they are both civil liability
Tort (6 types)
is a civil wrong which is not a breech of contract.
- 1. Intentional
- assault - fear
- battery - intentional harmful touching
- 2. Recklessness - concious disregard of the right of safety of other.
- 3. Negligence - careless - most common tort
- 4. Strict Liability - Liability without fault
- 5. Nuisance - unreasonable use of your property which makes somebody else property less usable and less valuable
- 6. Statutory - Created by statutes.
- 1. Express (language)
- 2. Implied inf fact
- 3. Impelled in law
- 4. Promissory Estoppel
1. Automatic Stay
protect the person from creditors coming after them.
2. discharge people from dept
- - Discrimination Clause
- - 3rd clause in 15 amendment
- - negate discrimination
Insurance : right to all clients claim
Step into the shoes of
What insurance does to protect the person (party) that purchases the insurance
Subrogie - giver
- Promise to :
- 1. defend
- 2. hold harmless
against the claim that arises with the scope of idemnify
Cause of Action
Specific claim made in complaint or cross complaint
Privaty of Contract
The people who are Party to a contract
you can only sue someone when you are in privaty
Substantive : go to jail right or wrong
Procedural : a how to list procedure
- Enforces the laws:
- 1. (E) Federal-president-cabinet-executive order-regulation
- 2. (E) State Governor-cabinet-regulations
- 3. (H) County manager/Admistrator Czar - Policies Procedures
- 4. (E & A) City Major
- 5. (H) Spc. Dist
Interprets the law
1. Federal : Trial - District - appellate circut- supreme court
2. State : Trial - Small claims - appellate - district - State Supreme Court
Contracts (4 contract theories)
- - Express (language)
- - Implied fact
- - Implied in law
- - Promissory Estoppel
- Pramesary promise to stop
Legal Liability (3 types)
1. Criminal : violation of statute or ordinance to be convicted of a crime
2. Disciplinary : Regulation - violation people with licence disciplinary case which might lose licence.
- 3. Civil
- - Tort: purpose to recover money
- - Contracts: if there is no harm no civil liability
- Judicial Decision
Citizenship clause protects the people from state
- DP - due process
- PI - Privilege & immunity
- EP - equal protection
Due Process Clause
- - found in the 14 amendment
- -protects people from states
the greater the taking the bigger the process
- Federal Congress: Senate, House, Create Statutes.
- State: legislature, S, Assembly, Statues
- County: board of supervisors ordinances
- City: City Concil ordinance
- Special Dist: Board of director or trusties ordinance.
- 1: Delegation of power to federal government
- 2: To reserved power to the state and people (Limit the power of federal Gov.)
House of representatives and senate
Article I section 8 delegates the power to congress
- I. legislative branch (congress)
- II. executive (presidents)
- III. Judicial courts.
10 Amendments (Bill of Rights)
- 1. Free speech, press, relegion and petition
- 2. Keep and bear arms
4 - 6. Crimnal safe wards
- 9. the constitution should not deny rights retain by the people
- 10. Power not delegated and power is reserved to the people and state
- -demurrer, summary judgement direct verdict, new trial
- -final decision
Privileged Immunity Clause
- -2nd clause in amendment 14
- -privileged granted by one state must be recognize in other states
California Civil Procedure
- 1. pleading
- 2. Discovery
- 3. Trial
- 4. Post trial
Plantiff--->files--->complaint--->court issues summary--->gets serve to defendant--->(Answer--->defensive, Cross complaint------------> offensive)
- Witness-->subpoena to witness-->order to testify
- 1. Deposition
- 2. Inteirogatories
- 3. Requests of production of documents or things
- 4.Request for admission
- 5. IME - independent medical evaluaiton
- Green-->Judge trial
- Jury trial-->bold + nonbold
- 1. Jury selection
- 2. Opening statement
- 3. Evidence
- 5. Jury Argument6. Jury Instruction law & delivery fact7. Verdict
- 8. Judgment
- Enforcement of Judgment
- Summary Judgement --->Discovery
- Direct Veredict--->Trial
- New Trial ---->Post Trial
Decide on a matter of law
- Options--> No Jury only judges
- 1. Affirm: agrees with trial judge
- 2. Revers: wrong judgement of trial judge
- 3. Reverse Remand: wrong judgment, new trials, Mistakes--->new evidence
- Final : after all appeals
- Purpose: compensation for victim
- Who brings it: injured party (plant-tiff)
- burden of proof: preponderance of the evidence (51%)
- Remedy Sought: damages paid to plaintiff
- Jury: majority vote
- Results liable or not liable
Compensation and awarded to punish defendant torts
- 1. intestinal --->(culpability
- 2. reckless----->faults)
Purpose: Punish, deterrence, retribution
- who brings it: stat/government
- burden of proof: beyond reasonable doubt
- jury: 12 jurors-->unanimous
- results: guilty/not guilty
- Partner spouse liable for what they do.
- If crash into a bus then can go after you.
An employer is liable for the action of the employee that are on the (course and scope of employment)
- Limited Partnership
- Limited Liability Company (LLC)
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