Understanding Civil and Criminal Law: Definitions, Types, and Contracts, Quizzes of Civil Engineering

Download Understanding Civil and Criminal Law: Definitions, Types, and Contracts and more Quizzes Civil Engineering in PDF only on Docsity! TERM 1 1. Criminal vs. Civil Law: Define Civil Law DEFINITION 1 inappropriate behavior that may cause harm to an individual and how that individual may be compensated from the wrongdoer TERM 2 1. Criminal vs. Civil Law: Define Criminal Law DEFINITION 2 types of crimes against society and also provides for how the government may prosecute and punish individuals who commit crimes. TERM 3 1. Criminal vs. Civil Law: Who is the Plaintiff in each case? DEFINITION 3 Civil Law: Individual PartyCriminal Law: The Government TERM 4 1. Criminal vs. Civil Law: What does each protect? DEFINITION 4 Civil Law: Protection of an individual party and his or her propertyCriminal Law: Protection of society TERM 5 1. Criminal vs. Civil Law: Who is the offense against? DEFINITION 5 Civil law: Another partyCriminal law: Against Public Interest TERM 6 1. Criminal vs. Civil Law: What is needed for a conviction? DEFINITION 6 Civil Law: preponderance of evidenceCriminal Law: beyond a reasonable doubt TERM 7 1. Criminal vs. Civil Law: Forms of Punishment? DEFINITION 7 Civil: Fines, Equity (protective orders)Criminal: Prison, fines, equity, death penalty TERM 8 2. Define Statue Law DEFINITION 8 Any law that is created, recorded, and adopted by legislative or administrative entities TERM 9 2. Define Common Law DEFINITION 9 The law of the courts. Judicial branch establishes and enforces a set of rules thats derived from the plurality of the community (What the majority of the people say is the right thing to do in this situation). Body of past court decisions now serves as the authority or precedent for governing future decisions. TERM 10 2. Define Equity DEFINITION 10 Literal definition fairness and equality in dealings. Created to provide a legal remedy to fix a legally unbalanced situation between two parties and that remedy may not necessarily money or return of property. TERM 21 5. International Law DEFINITION 21 - Regulates relations among countries , normally expressed in treaties and it also describes the obligations between nations and the conduct of a nations citizens towards other nations and their citizens.. TERM 22 5. Commercial Law DEFINITION 22 - Governs commercial transactions worldwide between business entities and this includes advertising, marketing, collections, banking, contracts, and any kind of trade TERM 23 5. Maritime Law DEFINITION 23 - The jurisdiction of all transactions and proceedings related to commerce or navigation or any kind of damages that are sustained upon navigable waters. TERM 24 6. Types of delivery methods Design Bid Build DEFINITION 24 - Traditional method - Offers competitive bidding for contractors - Design (engineers work) must be completed before bidding - Multiple contracts may be required - (negative) potential for design/construction disputes since there is no contract between the designer and the contractor. - Design changes during construction lead to increased costs TERM 25 6. Types of delivery methods Design Build DEFINITION 25 - Starting to become the new standard - design build contactor that it doesnt mean a single firm, could be a consortium of different contractors - single contract for owner - should eliminate design/construction disputes - allows for fast track or phased construction - total project costs can be established early - important that owner chooses appropriate design builder TERM 26 6. Types of delivery methods Construction Management DEFINITION 26 - owner only manages CM contract but holds all contractual relationships - CM represents the owner in all construction activities and manages all of the players in the contract - CM coordinates all of the activates from concept through facility acceptance TERM 27 8. Mirror Rule DEFINITION 27 - If offeree makes material changes to original offer, it is considered a counteroffer and not full acceptance, so contract is not formed - If offeree requests more information is not a rejection - If offeree conditionally accepts something that is not laid out in contract, but is implied or stated by the governing laws, that is considered full acceptance and a contract is formed. TERM 28 9. Types of Payment Lump Sum DEFINITION 28 Owner: - less risk because the cost of the entire project is known upfront - minimum supervision of the actual quantities + schedule - if there are a lot of change orders, can blow the budget Contractor: - not necessarily paid for actual work - completed under budget, you get more profit, but can risk a huge loss if youre over budget TERM 29 9. Types of Payment Unit Price DEFINITION 29 -UNIT PRICE- Owner: - security of a complete design prior to bidding, but the total cost is not known until project completion - increase in volume of work = increase in total cost Contractor: - requires for actual volume of work - requires detailed record keeping to ensure correct payment TERM 30 9. Types of Payment Guaranteed Max with Sharing DEFINITION 30 considered the most equitable compensation (50/50 - can be minimal risk on either side if the contractor is experienced TERM 31 9. Types of Payment Cost Plus Percentage of Cost DEFINITION 31 Owner: - majority of risk: no incentive for contractor to be efficient or economical - rework is profitable for contractor Contractor: - higher cost = larger profit - EXTENSIVE tracking of everything, direct costs and indirect costs TERM 32 9. Types of Payment Change Orders DEFINITION 32 contractual mechanism that officially amends the project cost and possibly the scope of work - more common that not Some common reasons for Change Orders - Subsurface conditions are different from borings - Change in site requirements from when contract was awarded - Unanticipated obstacles TERM 33 10. Statue of Frauds DEFINITION 33 - MY LEGS, Marriage, contracts for more than one Year, land ownership, executorships (estate), goods over a certain dollar amount (over 500 dollars in the state of Virginia), Sales TERM 34 10. Statue of Frauds Conditions DEFINITION 34 - Clauses included in a contract to suspend, rescind, or modify the principal obligation under given circumstances. TERM 35 10. Statue of Frauds Failure of Condition DEFINITION 35 - if a condition fails, it excuses the other party from fulfilling their obligation but they have not right to monetary damages. - *failure of condition is not failure of contract* TERM 46 14. Consideration Forbearance DEFINITION 46 - Holding back from exercising a legal right if asked to do so is consideration The smoking nephew and uncle case, who sued for the money. Forbearance is giving up something TERM 47 14. Consideration Adequacy DEFINITION 47 - Court doesnt regard if consideration was the real value of what was due as long as there is a legal contract. - *but if there is a huge discrepancy, it can contribute to proof of undue influence, meaning they signed the contract under some influence TERM 48 14. Consideration Performance of Existing Duty DEFINITION 48 - You cant accept consideration for something you would normally do as a part of existing job. (ex. If there is a reward for a missing child, a police offer cannot collect the amount) TERM 49 14. Consideration Past Consideration DEFINITION 49 - A promise that has been given or executed before + independently of the other promise cannot support an agreement. (ex a car ride offer, the driver was already offering a ride, then the rider says thanks Ill help with gas, and doesnt pay. There is no case) TERM 50 14. Consideration Moral Consideration DEFINITION 50 - Cant enforce a promise based on anything moral or not of objective value (such as gratitude, love, etc) - Cant be legally indebted to someone, just because its the right thing to do Ex. (cant sue someone because they broke your heart) TERM 51 15. Contract Assignment DEFINITION 51 - Party A transfers the rights only (money) one way and assigns them to a third party TERM 52 15. Contract Delegation DEFINITION 52 - Party A transfers duties and (usually) the rights to a third party but not liability (responsibility). - Party A is still responsible for the work (example. Subcontracting) TERM 53 15. Contract Novation DEFINITION 53 - Complete substitution of obligated party in all respects. Rights, duties and liabilities. - Or substitutes new obligation for a existing one - No matter what, there is a new contract. TERM 54 16. Remedies For Breach Compensatory DEFINITION 54 - Money already spent is compensated (nothing more) TERM 55 16. Remedies For Breach Incidental DEFINITION 55 - Money that is going to cover additional expenses directly resulting from the breach - Ex: new materials, time + labor spent looking for new materials TERM 56 16. Remedies For Breach Liquidated Damages DEFINITION 56 - Agreed-upon costs meant to represent lost income TERM 57 16. Remedies For Breach Punitive DEFINITION 57 - Additional money intended to punish TERM 58 16. Remedies for Breach Restitution DEFINITION 58 - Both parties return any money, goods, or value of goods that were delivered before the breach on both sides.