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What are the 3 Local Government?
- County
- City
- Special District
The power is given by enabling legislation
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The Federal Gets Power from the State and the People?
True
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What are the 5 levels of government?
- Federal
- Reserve
- County
- City
- Special Districts
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What is an Ordinance?
Laws Passed by Citys
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What is a Statute?
Laws Passed by State
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What is Article I Section 8?
- Powers to declare war
- Power to delegate money
- Power to navigate water
- Power to regulate interstate commerce
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What are the 3 Articles?
- I. Empowered Congress (Legislative) House and Senate
- II. Executive (President)
- III. Judicial ----> Courts
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Government can pass any law they want?
True
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The State and the People Delegate to the Federal?
True
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The People Delegate to the State?
True
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FEHA
fair Employment and Housing Act
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What are the 3 types of Legal Liability
- Criminal
- Disciplinary
- Civil
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Criminal
- Must have violated a statue or ordnance.
- Prosecuted by Federal, State, Local, County, City, Special District
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Disciplinary
- Is a Regulatory (Regulation)
- Disciplines people that practice something tat is not there profession
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Civil Liablity
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
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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.
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Contract
- 1. Express (language)
- 2. Implied inf fact
- 3. Impelled in law
- 4. Promissory Estoppel
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Federal Law
1. Automatic Stay
protect the person from creditors coming after them.
2. discharge people from dept
Bankruptcy
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EP
Equal Protection
- - Discrimination Clause
- - 3rd clause in 15 amendment
- - negate discrimination
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Intervenor
Insurance : right to all clients claim
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Subrogation
Step into the shoes of
What insurance does to protect the person (party) that purchases the insurance
Subrogie - giver
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Indemnify
- Promise to :
- 1. defend
- 2. hold harmless
against the claim that arises with the scope of idemnify
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Cause of Action
Specific claim made in complaint or cross complaint
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Privaty of Contract
The people who are Party to a contract
you can only sue someone when you are in privaty
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Laws
Substantive : go to jail right or wrong
Procedural : a how to list procedure
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Executive
- 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
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Judicial
Interprets the law
1. Federal : Trial - District - appellate circut- supreme court
2. State : Trial - Small claims - appellate - district - State Supreme Court
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Contracts (4 contract theories)
- - Express (language)
- - Implied fact
- - Implied in law
- - Promissory Estoppel
- Pramesary promise to stop
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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
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14 Amendment
Citizenship clause protects the people from state
- DP - due process
- PI - Privilege & immunity
- EP - equal protection
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Due Process Clause
- - found in the 14 amendment
- -protects people from states
the greater the taking the bigger the process
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Legislative
- 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.
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Constitution
- 1: Delegation of power to federal government
- 2: To reserved power to the state and people (Limit the power of federal Gov.)
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Congress
House of representatives and senate
Article I section 8 delegates the power to congress
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Federal Government
Articles
- I. legislative branch (congress)
- II. executive (presidents)
- III. Judicial courts.
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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
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Judicial Decission
- Judgement
- -reversal
- -demurrer, summary judgement direct verdict, new trial
- -final decision
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Privileged Immunity Clause
- -2nd clause in amendment 14
- -privileged granted by one state must be recognize in other states
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California Civil Procedure
- 1. pleading
- 2. Discovery
- 3. Trial
- 4. Post trial
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Pleading
Plantiff--->files--->complaint--->court issues summary--->gets serve to defendant--->(Answer--->defensive, Cross complaint------------> offensive)
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Disovery
- 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
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Trial
- Green-->Judge trial
- Jury trial-->bold + nonbold
- 1. Jury selection
- 2. Opening statement
- 3. Evidence
- 5. Jury Argument
- 6. Jury Instruction law & delivery fact
- 7. Verdict
- 8. Judgment
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Post Trial
- Motions
- Appeal
- Bankruptcy
- Enforcement of Judgment
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Motions
- Demurrer--->Pleeading
- Summary Judgement --->Discovery
- Direct Veredict--->Trial
- New Trial ---->Post Trial
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Appeals
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
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Civil
- 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
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Punitive Damage
Compensation and awarded to punish defendant torts
- 1. intestinal --->(culpability
- 2. reckless----->faults)
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Criminal
Purpose: Punish, deterrence, retribution
- who brings it: stat/government
- burden of proof: beyond reasonable doubt
- jury: 12 jurors-->unanimous
- results: guilty/not guilty
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Vicarious
- Partner spouse liable for what they do.
- If crash into a bus then can go after you.
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Respondent Superior
An employer is liable for the action of the employee that are on the (course and scope of employment)
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Statutory Entity
- Limited Partnership
- Corporation
- Limited Liability Company (LLC)
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