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What is common law?
- Body of law based on tradition, custom, usage and decisions of the judicial courts in a particular country, society, or culture
- Developed by judicial decisions as opposed to legislative ones(statutory)
- Subject to changes in society and judiciary views
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What are the 7 classifications of law?
- 1. Substantive
- 2. Procedural
- 3. Common
- 4. Statutory
- 5. Administrative
- 6. Criminal
- 7. Civil
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Describe substantive law
- Deals with issues by establishing principles, defining duties and obligations and creating and defining the limitations of rights within a society
- Est. by legislative and goverment agencies and constitutions
- Torts(duty of care provided to others), contracts(offers and the acceptance of offers)
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Describe Procedural Law?
- Defines judiciary rules or mechanisms used to enforce substantive laws
- Est. by legislative actions and constitutions
- Where to file a case, what may be filed, when filings may occur, how the case will be handled
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Describe Common Law?
- Body of law based on tradition, custom, usage and decisions of judicial courts in a particular country society or culture;much has become statutory through adoption by legislatures
- Developed by judicial decisions as opposed legislative ones(statutory law)
- Subject to changes in society and judiciary views
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Describe statutory law
- Pertains to laws enacted by legislative bodies of govt.
- Federal-created USFA, OSHA, EPA, EEOC, IRS
- State-created tax codes, marriage laws,MV laws, hunting regs etc.
- Local- created ordinances, speed limits on loccal streets, business licesences
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Describe Admistrative laws
- Laws created by government agencies and used to enforce and implement statutory law
- Defines extent of powers held by govt. agencies in performing responsibilities; IRS, OSHA
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Describe criminal law
- Means by which society protects itself; rights and responsibilities of individual to society
- Est by legislative action at all levels of govt. and are in the tradition of common and civil laws; usually administered by state
- Penalties are monetary and or loss of freedom
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Describe civil law
- Means by which individuals seek redress, usually by monetary means
- Est by legislative actions
- Property rights, contracts, taxation, privacy reg by civil law
- Standard of proof-balance of probabilities or preponderance of evidence
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Liability
- criminal
- civil-need unresolved issue and someone to hold accountable; sue
- TORT-civil wrong or injury; main purpose to seek money for property, injuries, lost income; most common against FD, plaintiff must have suffered damages as a result
- Negligence-breach of legal duty, performance below a reasonable standard of care,
- misfeasance-improper performance
- nonfeasance-failure to act
- Personal-individual responsibility for causing harm or injury
- Fireman's rule- property owners not liable for FF injuries during duty unless result of crime, gross negligence, or willful and wanton disregard
- Government-immunity
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Elements of TORT action
- Defendant must owe legal duty to plaintiff
- Must be a breach of duty
- Breach must be proximate cause for accident
- Plaintiff must have suffered damage
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Code of federal regulation
- Contain US federal adminstrative laws
- Divided into 50 titles; updated once per calender year and issued quarterly
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EEOC protected worker classes
- Women
- Minorities
- Workers over 40 and under 70
- Those w/ disabilities
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4 Areas of Employment Discrimination
- Disparate treatment- based on race, gender, religon etc.
- Adverse impact-test or screening device that adversly effects members of a protected class
- Sexual Harrassment-quid pro quo; hostile work environment
- Reasonable accomodation-accomodate religious, gender-based differences, physical and mental impairments
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American's with Disabilities Act
- Provides for Reasonable accomodations for people w/ disabilities; Feds Indian tribes and private clubs are exempt
- Any public business must comply unless too expensive, disruptive or difficult AND reasonable efforts have been made
- Employment orgs/ with 15 or more fulltime employees; hire based on education exp. and ability regardless of disability
- Alcohol or drug abuse temporary disability not covered
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FLSA
- Orgs with 5 or more employees must pay 1.5 for hours over 40
- Police 43hrs, Fire 53hrs, Fire admin and executive exempt
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