According toMiller R. & Meinzinger M. (2013), a law is a set ofregulations provided and implemented by the government. It containscommonality in aspects of violation, penalty, rule, enforcementurgency or statutes. Primary sources of American laws areprecedents from delivered judgments common laws, United StatesConstitution, various states laws, Senate enactments and those byother administrative agencies.
Common lawsarise from the English colonization of America. They are lawsthat are passed in consistency with the decision of cases by judges.The Common law operates on a doctrine referred to as stare decisisbased on things priory decided. One aspect of the common law is abinding authority which Miller R. & Meinzinger M. (2013) defineas any source of law which a court must follow in deliveringjudgments. Another aspect is persuasive precedents encompassingdecisions set as laws in previous similar cases from otherjurisdictions.
The federalform of government is a form of systemic exercise of authoritywhere power is divided between the national and state government andthe two have connections. Branches of government are thelegislature, executive and, judiciary. The Executive has lawimplementation powers. Over the Legislature, it has veto power, ableto call vital Congress proceedings, veto power and, can recommendlegislation. The president also appoints Supreme Court and federaljudges. The judiciary poses powers of law interpretation. Judges areappointed for life hence free from the executive. The judiciary alsodecides if acts of the legislature are unconstitutional.
Bill of Rightsis a list of fundamental rights and freedoms contained in a stateconstitution. It provides constitutional rights, privileges andfundamental freedom to individuals and business. The fourteenthamendment expounds that states shall not abridge some nationalrights, immunities and, privileges. It also gives conditions toreadmit recently defeated states which held slave as well as givingthe power to implement Amendment by the federal government (Lash K.,2014).
Anadministrative agency is an official government body having theauthority to direct the implementation of given legislative acts.
Bindingauthority is any source of law evaluated by a judge in deciding acase. In business, it is an agreement sought between a managing agentand a cover holder.
Civil lawis the system of state laws dealing with ordinary private casesdifferent from those covering criminal, military or politicalmatters.
Criminal lawdefines acts of crime and states enforcement procedures.
Cyber lawis a set of technological rules governing the internet, cyberspace.
Commerceclause is provided in the United States Constitution, giving theCongress powers to regulate commercial relationship with foreigncountries or states.
Due processclause is enshrined in the Fifth and the Fourteenth Amendment tothe United States Constitution stipulating that no person is deprivedof his life, property, or liberty without following due process oflaw.
Equalprotection clause stipulates the states not to deny any personfound within its jurisdiction equality of protection of its laws.
Before hearing a case, the court must have jurisdiction over the complainant and the defendant or the property involved in the lawsuit. The court must also have jurisdiction over the matter brought before it (Cross B. & Miller R., 2014).
In the standing, the plaintiff must mention injury in a given way inthe past or expected. They must also explain the causations showingconnections between the injury and the defendant’s actions orplanned actions, and show addressability in that the court can handlethe matter in some way.
Alternative dispute resolution is the procedure for dispute settlement outside the court. It can take the form of mediation guided by a neutral third party, reconciliation, and arbitration.
Tort law provides relief to the injured person for any damages as contained in in the injury law. It serves to give individuals the rights to monetary award as fair compensation for the damages suffered. Personal privacy, dignity, reputation, and family relations are interests commonly protected by tort laws (Miller R & Cross B., 2014).
Negligent torts are conducts that fall below legally acceptable standards of caring to protect others from harm while intentional torts are conducts to cause injury with malice or deliberately. For example, when a boss assaults a junior worker over job differences, it becomes an intentional tort. Similarly, when a media house publishes a defamatory piece on another media entity’s operation, it becomes a libel.
Diversity of citizenship exists when the complainant and defendant in a lawsuit come from different states or foreign country.
Question of fact is an issue considered as a fact, never of law, tried on the basis of the strength of evidence before a jury.
Question of law is a point of law answerable through the application of legal principles.
Litigation is an action brought before the court, prompting its action to prosecute or defend.
Damage is a loss caused either through negligence or intentional by a person on another causing direct injury or property or image.
Defenses are evidence, reasoning or facts offered in a lawsuit by the defendant to deter the plaintiff from recovering what he seeks.
Fraudulent misinterpretation is a provision in contract law enabling the plaintiff to recover against a defendant of representation that was known to be false.
Duty of care is contained in tort laws requiring individuals to be careful in actions towards others or public not to cause injury through negligence.
Miller R. & Meinzinger M. (2013), Paralegal Today: TheEssentials, Cengage Learning,
Lash K. (2014), The Fourteenth Amendment and the Privileges andImmunities of American Citizenship, Cambridge University Press,Apr 7, 2014 – Law – 326 pages
Miller, R. L. R., & Cross, F. B. (2013). The legalenvironment today: Business in its ethical, regulatory, e-commerce,and global setting. Mason, Ohio: South-Western Cengage Learning.