Ch 1 Flashcards
Why is law important to you?
Because it is created to serve the public and you are the public
What is law?
A body of enforceable rules governing relationships Amon individuals and between individuals and their society
Why does the United States’ laws consist of?
Written laws, court decisions created by modern legislative and judicial systems
What feature is common for all laws?
They establish rights, duties, and privileges that are consistent with the values and beliefs of a society it its ruling group
What is a breach?
A failure to perform a legal obligation
What are the functional fields of business?
Corporate management Production and transportation Marketing Research and development Accounting and finance Human resource management
What are some examples of areas of law that ,I gut affect business decision making?
Contracts Sales Negotiable instruments Creditors rights Intellectual property E-commerce Product liability Torts Agency Business organizations Professional liability Courts and courts procedures
What is a primary source of law?
A document that establishes a law on a particular issue, such as a constitution, a statute, an administrative rule, or a court decision
What are some primary sources of law in he United States?
US constitution Statues or laws passed by congress and by state legislative Regulations created by administrative agencies (ex FDA) Case law (court decisions)
What is secondary course of law?
A publication that summarizes or interprets the law
What are some examples of secondary sources of law?
Legal encyclopedia
Legal treatise
Article in a law review
What are secondary sources of law used for?
Used by courts for guidance in interpreting and applying primary sources
What is constitutional law?
The body of law derived from the U.S. Constitution and the constitutions of he various states
What does the constitution do?
They set forth general organization, powers, and limits of their respective governments
What is he basis for law in the US?
The constitution
What is statutory law?
Body of law enacted by legislative bodies
Opposed to constitutional, administrative, or case law
What is an ordinance?
Regulation enacted by a city or country legislative body that becomes part of that states statuary law
What is a statue?
Laws, rules, or orders
What are uniform laws?
A model law developed by the national conference of commissions on uniform state laws for the states to consider enacting into statue
What problem did differences in state laws cause?
Created difficulties for businessperson conducting over state borders.
Formed national conference of commissioners on United States laws to draft uniform laws to counter this
How does a uniform law become part of the state’s law.
By choosing to adopt it becomes a part of the statutory laws for that state
What is uniform commercial code?
Created by NCCUSL and American law institute
Adopted by all 50 states DC and begin islands
Uniform yet flexible set of rules governing commercial transactions
What is administrative law?
Rules, orders, and decisions of administrative agencies
What is an administrative agency?
Federal, state, local govt agency established to preform a specific function
What is case law?
Rules of law announced in a court decision. Interpret statues, regulations, constitutional provisions, and other case law
What is American law based on?
English legal system
What is curiae regis?
British common law court, Kings court
What is common law?
The body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislative
Started in great Britain
What is legal precedent?
Court decision that furnishes an example or authority for deciding subsequent cases involving similar or identical fact
What were the year books?
Useful re fences with results from all big cases
Used for precedent
What is stare decisis?
To stand on decided cases
Decide new cases based on previous precedents
What are the two aspects of stare decisis?
Decisions made by a higher court are bidding to lower courts
A court could not overturn its own precedent unless there is strong reason to do so
What is a binding authority?
Controlling precedents
Any source of law that a court must follow when deciding a case
When are old Supreme Court cases no longer relevant?
Until overruled by subsequent Supreme Court decidings, constructional amendment, congressional legislation
What is one of the most famous precedent over rulings?
Brown V. The board of education
What are cases with issues that have never arose before called?
Cases of first impression
What are persuasive authorities?
And legal authority or source of law that a court may look to for guidance but need not follow when making its decision
What is a remedy?
The relief given to an innocent party to enforce a right or compensate for the violation of a right
What were the courts of law?
Early king’s court could either award money or property
Remedies were called remedies at law
What is equity?
Branch of law founded on the notion of justice and fair dealing
Used when no adequate remedy was available
Petitioned king for relief and referred to chancellor (called remedies in equity)
Are courts of equity still used?
No, courts of law and equity have become merged but principles of equity still apply, and courts will only grant equitable remedies if remedy at law is inadequate
What are equitable principles and maxims?
General propositions or principles of law that have to do with fairness
Who does the initiation of a lawsuit?
Action at law
Filing a complaint
Action in equity
Filing a petition
Who makes the decision?
Action at law
Jury or judge
Action in equity
By judge
What are the results?
Action at law
Judgment
Action in equity
Decree
What are the remedies?
Action at law
Monetary damages
Action in equity
Injunction, specific performance, or rescission
What is jurisprudence?
The science of philosophy of law
What is the natural law school?
Oldest school of legal thought, based on belief that the legal system should reflect universal moral and ethical principles that are inherent in human nature.
Applies universally to all human kind
God and shit
All laws apply to everyone
Aka foreign workers are protected by our working laws
What are some of the most significant equitable principles and maxims?
Anyone who wishes to be treated fairly must treat others fairly
The law will determine the outcome of a controversy in which the merits of both sides are equal
Plaintiffs must act fairly and honestly
Equitable relief will be awarded when there is a right to relief and there is no adequate remedy at law
Equity is mostly concerned with firmness and justness than legal technicalities
Equity will not help those who neglect their rights for an unreasonable period in time
What is the equitable doctrine of laches?
Most bring forth lawsuits while hey are fresh
What is statues of limitations?
Statues set the maximum time period during which a certain action can be brought
What is legal positivism?
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy
Applies to only citizens of a nation
Humans rights exist solely because of laws
What is legal realism?
A school of legal thought that holds that the law is only one factor to be considered when deciding cases and that social and economic circumstances should also be taken into account
Look beyond law and take into account social and economic realities
Judges are different and therefore have different rulings
What is the historical school?
A school of legal thought that looks to the past to determine what the principles of contemporary law should be
Based on standards previously set that have proved to be workable
What is substantive law?
Law that defines, describes, regulates, and creates legal rights and obligations
Law stating employee can get benefits from work injuries
What are procedural laws?
Law that establishes the methods of enforcing the rights established by substantive laws
Law stating how an employee must notify employer or work injuries
What are federal, state, and private laws?
Dealing with relationships among people
What is public law?
Addressing the relationship between persons and their government
What is cyber Law?
An informal term that refers goal law governing electronic communications and transactions, particularly those conducted via the Internet
What is civil law?
Law dealing win the definition and enforcement of all private and public rights, as opposed to criminal matters
What is a civil law system?
Systems of laws derived from roman law that is based on codified laws versus precedents
What are criminal laws?
Law that defines and punishes wrongful acts committed against the public
Prosecuted by public officials
Goal is to punish the wrong doer
What is national law?
Law that pertains to a particular nation
What is international law?
Law that governs relationships among nations
