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Law

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by

Angelino Simbulan

on 19 December 2013

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Transcript of Law

Law
The Law of Ethics
Torts
Family Law
Estates and Probate
Property
The Law of Contracts
The Law of Business
By: Angelino Simbulan
THE FOLLOWING CONCEPTS ARE SPECIFIED AREAS OF LAW WITHIN THE THREE TYPES OF LAW; EACH AREA IS DESIGNATED BY A SYMBOL* TO CATEGORIZE EACH AREA WITHIN THEIR TYPE:
Clients + Legal Professionals
RELATIONSHIP
Fiduciary
ETHICAL CANNONS/RESPONSIBILITIES
1. Client Confidentiality
2. Competence
3. Conflict of Interest
NEGLECTED ETHICAL CANNONS/RESPONSIBILITIES = ETHICAL VIOLATIONS
Results of Ethical Violations
(1) REPRIMAND
(2) SUSPENSION
(3) REVOCATION OF LICENSURE
(4) CIVIL LIABILITY
HOW LAW AND ETHICS INTERRELATE:
UNITED STATES LAW
Civil Law
Criminal Law
Constitutional Law
THREE TYPES OF LAW
What is a Tort?
"AN INJURY TO AN INDIVIDUAL OR PROPERTY (NOT RELATED TO A BREACH OF CONTRACT) THAT MAY OR MAY NOT ENCOMPASS COMMENSURATE CRIMINAL ACTS" (WHALSTON-DUNHAM 225).
THREE TYPES OF TORTS
(1) Negligence
(2) Intentional Torts
(3) Strict Liability
Terminology in Torts:
NEGLIGENCE: DUTY - STANDARD OF CARE = INJURY/DAMAGE.
REASONABLE CONDUCT: ACTOR + CAREFUL ACTIONS.
PROXIMATE CAUSE: CAUSE = RESULT
INTENTIONAL TORT: ACTOR + SUBSTANTIAL KNOWLEDGE OF ACTION = HARM
STRICT LIABILITY: LIABILITY WITHOUT FAULT
PRODUCT LIABILITY: TORT ACTION / PRODUCT PLACED IN COMMERCE.
Development of Torts
LEGAL CASES & TORTS
Employment and Torts
TORT CASES FOR LEGAL PROFESSIONALS.
Medical Malpractice &
Effects of Electronic Communications
on Modern Tort Law (i.e: hacking/cyberstalking)
TORT DEFENSES:
(1) Contributory
Negligence
(2) Comparative
Negligence
(3) Assumption of Risk
(4) Last Clear Chance
DAMAGES IN TORT ACTIONS:
(1) Compensatory
(2) Special
(3) General
(4) Punitive
(3) Nominal
Marriage
ENDING THE MARITAL RELATIONSHIP
Annulment
Dissolution of Marriage
Legal Separation
OUTCOMES OF ENDING THE MARITAL RELATIONSHIP.
Temporary Court Orders: (DURING)
(1) Temporary Restraining Order
(2) Preliminary Injunction
(3) Permanent Injunction
"MAINTENANCE/
ALIMONY"
"PROPERTY AND DEBT DIVISION"
DUTY OF CARE FOR CHILD
OTHER FORMS
Non-Traditional
Marital Relationships
RESULTS OF ENDING A MARITAL RELATIONSHIP
PROPERTY SETTLEMENT
SPOUSAL SUPPORT
"CUSTODY"
Annulment
MAY BE AFFECTED BY
MAY BE AFFECTED BY
Reproductive Laws
AFFECTS PARENT WITHOUT CUSTODY OF CHILD.
Child Support & Visitation Rights
POSSIBLE
REASON TO
END MARITAL
RELATIONSHIP
Domestic Violence
What is Probate and Estate Law?
("PROCESS OF PAYING CREDTORS AND DISTRIBUTING THE ESTATE OF ONE WHO IS DECEASED" (354).)
FUNCTION OF PROBATE COURTS TO ESTATE AND PROBATE LAW
INCAPACITATED ADULT'S WELFARE TRANSFER TO ABLE PERSON.
Guardianship
Administrator to Deceased's Estate
WITH A WILL
WITHOUT A WILL
Testate Succession
Intestate Succession
DIVISION OF ESTATE
Per Capita
Distribution
Per Stripes
Distribution
PROBATES OF ESTATES/DECEASED'S ESTATE DISTRIBUTION
SPOUSE'S RIGHT TO % OF DECEASED'S ESTATE; AFTER PAYMENT TO CREDITORS.
Forced (Elected) Share
TYPES OF PROPERTY
Real Property
Personal Property
Intellectual Property
PERSONAL PROPERTY AFFIXED TO REAL PROPERTY.
Fixture
ABSOLUTE OWNERSHIP
Fee Simple
INTEREST + CERTAIN RIGHTS OF OWNERSHIP
Freehold Estate
Nonfreehold Simple
RIGHT FOR POSSESION +
LIMITED TIME
RIGHT TO POSSES & USE + LIFETIME
Life Estate
OWNERSHIP BETWEEN MULTIPLE PARTIES
1. Tenancy in Common

2. Joint Tenancy = 4 UNITIES + RIGHT
OF SURVIVORSHIP

3. Tenancy by Entirety
Criminal Law and Criminal Procedure
TWO TYPES
Unilateral
Bilateral
Elements of a Valid Contract:
(1) ...at least two parties.
(2) ...parties have legal, contractual, capacity.
(3) ...manifestation of assent.
(4) ...legal, enforceable, promise.

PROMISE + ENFORCEABLE DUTY TO PERFORM = SOMETHING OF VALUE
Contractual Agreement
THIRD PARTY INVOLVEMENT IN CONTRACTS
Third Party Beneficiary
Breach of Contract
Defenses to Allegation of Breach of Contract:
Remedies to Breach of Contract:
(1) Absence of one or more essential elements to create a contract.
(2) Unconscionable Contract
(3) Fraud
(4) Statute of Frauds
(5) Accord and Satisfaction
(6) Justifiable Breach
(7) Impossibility and Impracticability
(8) Frustration of purpose or terminated duty.
(1) Compensatory Damages
(2) Liquidated Damages
(3) Specific Performance
Business
TYPES OF BUSINESS ENTITIES
Sole Proprietorship
Partnerships
PERSON ENTRUSTED WITH ANOTHER'S BUSINESS
Agent
ACTS FOR PRINCIPAL
Agency
Corporation
DEFINES REASON FOR INCORPORATION
RULES AND GENERAL PROCEDURES OF CORPORATION
FIDUCIARY WHO RECRUITS INVESTORS FOR CORPORATION
Articles of
Incorporation
Bylaws
Promoter
PARTNERSHIP WITHOUT THE ABILITY OF PARTNER TO OPERATE BUSINESS
Limited Partnership
Negotiable
Instruments
PERSON OR ENTITY TO BE PAID BY, OR PAY, THE BUSINESS
(SUBSTANTIAL)
(PROCEDURAL)
Criminal Law
Criminal Procedures
DEFINITIONS AND CATEGORIES OF CRIME
Mens Rea + Actus Reus
Elements of
Serious Crime
(1) Felony
(2) Misdemeanor
(3)White-Collar Crime
PARTIES
TO
CRIME
1. PRINCIPAL IN THE FIRST DEGREE.
2. PRINCIPAL IN THE SECOND DEGREE.
3. ACCESSORY BEFORE THE FACT.
4. ACCESSORY AFTER THE FACT.
DEFENSES TO CRIME
PUNISHMENT FOR CRIME
Justifiable Conduct &
Excusable Conduct
1. IMPRISONMENT
2. MONETARY FINE
3. COMMUNITY SERVICE
4. RESTITUTION
5. DEATH
CRIMINAL PROCEDURE AND THE CONSTITUTION
"Various amendments to the U.S. Constitution affect criminal rights. The Bill of Rights was adopted, in part, to protect individuals from being unfairly or unnecessarily penalized by the justice system" (556).
STAGES OF CRIMINAL PROCEDURE
14TH AMENDMENT
Due Process & Selective Incporation
1. Pre-Arrest
2. Arrest and Interrogation
3. Preliminary Hearing and Arraignment
4. Trial, Appeal, and Sentencing
Grand Jury
Double Jeopardy
Critical Stage
Probable Cause
[14th, 4th, 5th, 6th, 8th.]
*
*
*
LEGAL ACTIONS
CONTRACT VIOLATION
Full transcript