Chapter 1 Risk Management and Sources of Law Risk Management Risk Management – is the process of identifying‚ evaluating and responding to the possibility of harmful events. Risk Avoidance – A risks that should be avoided altogether. (Ex. Ford Pinto and exploding on impact) Risk Reduction – Risk that can be reduced to an acceptable level through precautions. (Ex. Banks loans and collateral) Risk Shifting – Risk that can be put on a different party. (Ex. hiring an independent contractor) Risk
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midterm. CIVIL LITIGATION CHAPTER 1 True/False 1. Most aspects of civil litigation occur in the courtroom. 2. The rules of civil procedure differ substantially from the rules of criminal procedure. 3. Rules and procedures of civil litigation are consistent from state to state. 4. In some states the initial pleading in a lawsuit is called a petition. 5. The most common method of resolving civil disputes is settlement. 6. Arbitration is a form of settlement. 7. Case law has little
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Laws requiring registration and community notification for convicted sex offenders are not constitutional. Megan’s Law deals with child molesters and sex offenders by requiring a public registration when they are released from incarceration. The concern with registering sex offenders has progressed to a nationalized level‚ with the government requiring every state to have some form of law that deals with Megan ’s Law (Menendez‚ 251). However‚ is this law constitutional? In this position paper the
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Common law 1 Common law Common law‚ also known as case law or precedent‚ is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law‚[1] on the principle that it is unfair to treat similar facts differently on different occasions.[2] The body of precedent is called "common law" and it binds future decisions. In cases
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Learning Outcomes By the time you have completed this topic you should be able to: Identify the “appellate”‚ “superior”‚ “subordinate” and “special” courts of countries in the USP region; Identify the relevant provisions of Constitutions and other laws which establish or
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LAW OF EVIDENCE The Evidence Law deals with deciding which Evidence should be and which shouldn’t be used in arriving at a decision by the Court and‚ sometimes‚ the weight that may be given to that evidence. The law of evidence is also concerned with the quantum (amount)‚ quality‚ and type of proof needed to prevail in litigation. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. This includes such concepts as hearsay
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Phoenix 2008 The Role of Law Law is a system or collection of “principles and regulations established in a community by some authority and applicable to its people.” (Dictionary.com) In the past‚ people viewed law as an unchanging factor that was a part of the natural order of life. Today‚ most lawmakers view law as a flexible instrument that can be used to accomplish a chosen purpose. “One strength of this instrumentalist attitude is its willingness to adapt the law to further the social good
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University of Macau BBEL 230 –Business Law I Macau‚ 28 March 2010 MID-TERM EXAM (Part I) |Write your full identification‚ Western name and section. | |Only the legislation‚ without any forbidden notes‚ can be used. | |Dictionaries are allowed.
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which
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The fairness of the law It is very important for a legal system to ensure that there is fairness across the board for those involved in the legal system‚ whether defendants‚ plaintiffs‚ or others. There are two ways in which the legal system ensures fairness. On one hand‚ there are the general presumptions and procedures to ensure a fair trial or court hearing. On the other‚ there is the system of law which is intended to ensure fairness in society; this is known as the Law of Equity. Justice
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