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Assignment 1

Professor: Hiram A. Paz

Business Law

Bethania Cruz

Florida National University

November 04, 2019

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1- Common law is based in decided cases; usually it goes in contrast to civil laws.

In some cases, common law are used because we live in a huge world and it changes so

fast, and things that before were wrong now is perfectly fine, day after day we have a

different vision of what is fair and unfair.

Common laws help to maintain the good will of the justice, fair decisions based in

nowadays and how the community has been leaving as a society; it does not mean that civil

laws are not important; I like to think that even if they are opposite they complete each

other and help to make the system more effective. When one cannot handle and bring the

best decision, we have the possibility to analyze other prospect and real life to achieve the

best solution.

2- A Statute is a written law passed by a legislative body and it applies for specific

situations. The judiciary can accept or not the deliberation, based on constitutional laws, but

the judiciary cannot make a Statute.

It can be created when members of the legislative decide, based in real cases, that

they must create laws about some specific topic of conflict, so it would become laws and

help, in the future, similar situations.

3- Felony is so much more serious crime than misdemeanor and it cares so many

more consequences and penalties. The example that we can give of felony is murder and a

misdemeanor would be the fact of having some amount of marijuana.

Based on those two example we can visualize already the difference between them

and as well see that one will have higher consequences than the other one, we just have to
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use the common sense and analyze the fact of having marijuana and committing a murder.

The majority of the felony crimes has more than one year in prison, in another hand for

misdemeanor is less than one year and sometimes even it can be changed for community

service or just to pay a ticket.

4- A tort is an act or omission that can cause to another person injury or harm, an

action or omission that a person has that it will go against the rights that the other

individual must have. Injury is considered as an invasion of any legal right and harm is a

loss that an individual suffers of his or her goods.

Torts fall into three general categories: international torts, negligent torts and strict

liability torts.

5- Negligent torts are facts or omissions that a person can make, are obligations that

a person has facing some situations. Situations when a person has to have some action and

he/she has had the opposite or even has not done anything to prevent that situation of

happening.

Be negligent is to be irrational, it means do not do the right thing when it had been

expected from us, a situation that requires a position and intervention.

Four elements are required to establish a prima facie case of negligence: the

existence of a legal duty that the defendant owed to the plaintiff, defendant's breach of that

duty, plaintiff's sufferance of an injury and proof that defendant's breach caused the injury.
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6- Strict liability is a legal term referring to the holding of an individual or entity

liable for damages or losses, without having to prove carelessness or mistake. The majority

of the strict cases that happen are about defected problems.

One example that we can visualize better is: a person who works in a company, and

actually, the work done is too risk, one day that person gets hurt and this probably will be a

Strict Liability case. The labor already had in mind that he or she was being part of

something that was dangerous and anytime could happen something, so, the company

might not prove negligence or carelessness.

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REFERENCES

Ashcroft, J. D., Ashcroft, K. M., & Patterson, M. A. (2017). Law for business. Australia: Cengage

Learning.

Team, C. (2016, March 13). Strict Liability - Definition, Examples, Cases. Retrieved from

https://legaldictionary.net/strict-liability/.