business/personal law quiz 1 Flashcards
Enforceable rules of conduct in society
Laws
A group of laws in an organized form
Code
Stages in the Growth of Law
Revenge, substitutes an award, courts, prevent and punish
Based on current standards or customs of people;usually formed from rules by judges
Common law
Laws set down by a sovereign to prevent disputes and wrongs occuring in the first place
Positive law
Powerful leader
Sovereign
Achieves UNIFORMITY while maintaining an ability to adapt to chainges in society
English common law
Brought by French explorers
Only one state uses this type of law
Roman civil law
The power to decide a case
Jurisdiction
Using prior cases as a guide for deciding similar new cases
Precedent
Fairness
Equity
Court order for a person to do or not to do something
Injunction
Laws in the country are created at all 3 levels of government
Federal,state, and local
Constitution,statues,case law, administrative regulations
The 4 sources of law
Sets forth the framework of a government and its relationship to people it governs
Constitution
Laws enacted at federal and state legislatures
Statues
Stated by judges, made from court decisions in actual cases
Case law
Laws created by administrative agencies (government bodies)
Administrative regulations
Supreme law of the land (superior to any state constitution)
Federal constitution
The final interpreter of the federal constitution
US Supreme court
Trade between two different states (federal)
Interstate
Trade within a state (state)
Intrastate
Branches of government
Executive,legislative, and judicial
Laws enacted by legislative branches of state and federal level (congress)
Statues
Law created by a town or city council
Ordinance
Laws enacted by the JUDICIAL branch of government. (usually made after a trial ended and one of the parties appealed to a higher court)
Case law
Doctrine that requires lower courts to follow and establish case law in deciding similar cases (not in supreme court)
Stare Decisis “Let the decision stand”
Government bodies formed to carry out particular laws. create ??? laws (rules and regulations)
Administrative Regulations
Controlled by the Executive branch
Administrative Regultions
Judicial branch
Case law
Higher court’s decision prevails over a lower court’s decision.
Law is void if conflicts with federal constitution (unconstitutional).
Laws must not exceed the scope of powers delegated by legislature
When laws conflict
A wrong against an individual person
Tort
Police do not take action
Seek remedy for wrongs done
if defendant loses a ??? case, they are liable (must pay)
Civil law
Offense against society
Crime
Government investigations/prosecutes
Conviction results in fines, imprisonment, execution
Robbery, murder, assault, reckless driving
Criminal law
Deals with meathods of ENFORCING legal right and duties
Laws that specify how and when police can make arrests and methods used in a trial
will the case go to trial
Judge will decide procedural issues because they are questions of law
Failure to follow procedure can cause an otherwise winning case to be lost
Procedural law
Defines rights and duties
Concerned with all the rules of conduct except those involved in enforcement
The law against takking anothers life is part of this law
-Murder, theft, vehicular homicide, breach of contract and negligence
Substantive law
Rules that apply to business transactions
Mainly concerned with civil law…especially contracts(breach)
Criminal law would punish a firm that conspires with competitors to fix prices
Uniform Commercial Code (UCC)
UCC regulates business transactions and maintains uniformity
Business law
Right or wrong (affects you or others)
Reasoned (not emotional)
Impartial (applies to everyone)
Ethic decisions
Based on consequences as a result of action
Consequence-based
Judged to be right or wrong; “would the result be irrational, illogical, or demeanoring?”
Rule-based
Insurance policy the pays the employer money in the case of theft by employees
Fidelity bond
Capacity to do what is right in the face of temptation or pressure to do otherwise
Integrity
Open, peaceful violation of law to protest injustice (makes the legal system more just)
Civil obedience
Written law is in conflict with ethical reasoning
no effective political methods to change law
nonviolent
Doesn’t advance immediate person’s self-interest
Is public and one willing accepts punishment for violating the law
Civil disobedience is legal when
