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ConE 380 Quiz 1

Definitions for Quiz 1 of ConE 380

QuestionAnswer
Law -Rules set up by a government to regulate how people and other entities act and interact ―A system that promotes social order and justice by establishing rules of moral conduct Engineering Law (“the law”)
Maxims ―Underlying principles on which case law is based ―Basis of public policy ―Reflect society’s attitude ―Can be codified as law or policy but also unstated ―Liability follows responsibility ―Rule must have reason
Jurisprudence -The philosophy of law; the science concerned with ascertaining the principles upon which legal rules are based to classify rules and establish relationships
U.S. Social Values ―Life, liberty and the pursuit of happiness ―Protection of individual rights ―Capitalist economy ―Described in Bill of Rights
Restitution: restore party; equitable remedy
Maxims ―The law ultimately controls, not the contract ―The law never requires impossibilities
Maxims ―Parties must come to court with clean hands ―Low abhors waste ―Every wrong has a remedy ―The one who takes the benefit must bear the burden
Common Law System ―Laws based upon codes, statutes & cases (judges decisions become law for future similar cases) ―Kudge-made Law ―U.S. Federal Law & 49 States
Civil Law System ―Laws based upon codes & statues (no judge-made case law) ―Law is heavily codified; extensive regulations to dictate behavior; strict interpretation ―State of Louisiana
Criminal Law / Criminal Justice System Prevent and punish certain acts against the public welfare that society has deemed unacceptable Protect society as a whole rather than individuals Prosecution brought only by government Proof beyond a reasonable doubt Higher level of proof than
Tort Law (injury law) Implicit duties involuntary duties imposed by law that people have with one another regardless of existence of contractual relationship (negligence)
Contract Law ―Supports and uphold voluntary duties between parties; promise for performance and payment ―Parties must honor its agreed upon obligations ―Parties are presumed to know content of contracts ―Law may or may not uphold contract
Sovereign Immunity no party can sue the government without the government’s permission
Types of Law Constitutional Law Statutory Law Judge-made Law (case law, common law) Administrative Regulations
Constitutional Law Established by the constitution of state or U.S.
Statutory Law Laws created by legislatures (state, county, local)
Judge-made Law (case law, common law) Made by appellate and supreme court judges Established by precedence (what happened in similar cases in the past)
Administrative Regulations ―Regulations are laws enacted by admin. agencies ―Regulations have the “force of law”
Remand Direction of a superior court to a lower court to review a case (to remand is to send back)
Bench Trial Trial without a jury; judge in this case renders all legal and factual issues
Statue of Limitations ―How long after an event can a lawsuit can be filed ―Time window starts when the event occurs
Statue of Repose ―How long can a contractor or designer be sued for construction defects ―Time window begins at substantial completion of the project
Summary judgment (motion to dismiss) Judge reviews law and evidence to determine if the matter meets requirements for trial (are there issues of fact or law to decide)
Drennan Rule (Majority Rule) subcontractor cannot rescind a bid (in other words it is irrevocable) for a reasonable time after the award of the prime contract, if a contractor has relied upon in preparing its bid for the owner; this rule premised upon promissory estoppel
Promissory Estoppel Responsibility which arises when there is a promise which promisor (receives) should reasonably expect to induce action or forbearance of a definite and substantial character on the part of promisee (gives), … , and such promise is binding if injustice ca
James Baird Rule (Minority Rule) subcontractor can rescind a bid any time prior to its acceptance by the contractor; consistent with general contract law/contract formation.
California Rule subcontractor can rescind a bid any time prior to acceptance unless the general has stated in writing that it will accept the subcontractor’s bid if awarded the prime contract; sub and GC mutually obligated
Categories of Dispute Resolution ― Avoidance ― Intimidation ― Negotiation ― Mediation ― Arbitration ― Litigation
Avoidance Ignore dispute or conflict; one or both people make no attempt to interact to resolve issue
Intimidation Use of threats or violence to obtain agreement
Negotiation Affirmative communication between parties in a dispute in attempt to resolve it without formal procedures
Arbitration Process of private dispute resolution in which a neutral third party (arbitrator) or panel renders a decision after hearing the sides of the disputing parties
Mediation The use of an independent, trained third party (mediator) to help the disputing parties come to some resolution; private
Ethics System or code of behavior adopted by a particular profession or group and is a characteristic of that particular group
Morality System or code of behavior adopted by a particular person and is a characteristic of that individual
Values Personal judgments of good or bad relating to the worth or importance of any particular behavior or action
Spearin doctrine Liability for the performance of a design is the owner’s risk/responsibility; contractor is not responsible for synthesis /coordination of of plans and specifications
Created by: andreweurope