Chapter 1 Flashcards
What is Law
Enforceable rules
What are the four primary sources of Law in the US
Constitutional Law, Statutory Law, Administrative Law, Case and Common Law
What is Constitutional Law
Laws derived from US Constitution
What is Statutory Law
Laws created by federal, state and local legislatures
What is Administrative Law
Rules of federal or state government administration
What is common law
Law that has been ruled on by English and US courts
What is a Remedy
The relief given to an innocent party to enforce a right or compensate for the violation of a right
Examples of remedies of equity
Specific Performance Injunction Recission
What is a specific performance of remedy of equity
Ordering a party to perform an agreement as promised
What is an Injunction
An order to a party to cease engaging in a specific activity or to undo some wrong or injury
What is Recission
The cancellation of a contractual obligation
What is Stare Decisis
A doctrine under which judges are obligated to follow precedent established in prior decisions
How does Stare Decisis help the courts
To be more efficient and also makes the law more stable and predictable
Who can overrule a precedent? Example?
Supreme Court Brown vs BOE Topeka
What are the two aspects of stare decisis
- There must be a strong reason to overturn precedent 2. These decisions by precedent are binding in lower courts
What is legal reasoning
Process where judge uses prior cases to base his opinion
What are the steps to legal reasoning
Issue, Rule, Application, Conclusion
What are the four schools of legal thought
Natural Law, Legal Positivism, Historical School, Legal Realism
What is Natural Law
A higher or universal law that exists and applies to all humans
What is legal positivism
No higher law than a nation’s positive law. Believe there are no natural rights and human rights exist solely because of laws
What is historical school
Stresses the evolutionary nature of law and looks to doctrines for guidance
What is legal realism
Advocates a less abstract and more realistic approach
What are the classifications of law
Substantive Law, Procedural Law, Civil Law, Criminal Law
What is substantive law
All laws that define, described, regulate, and create legal rights and obligations
What is procedural law
All laws that establish the methods of enforcing the rights established by substantive law
What is civil law
Private party sues another private party, or individual and their government
What is criminal law
Defines and punishes wrongful actions committed against the public as a whole
What is Jurisprudence
Concept of schools of legal thought
What is the difference between binding and persuasive authority
Binding authority are published decisions and persuasive authority is non-published decisions
What are secondary sources of law
Textbook, Treaties, Articles
What is an original jurisdiction
Where a claim is first heard
What is an appellate decision
An appeals court (procedural law)
Classifications of appellate decision
No trial in court of appeal, appellee is the winning, appellate is losing.
What are the options in the appellate decision option
Affirm the decision, remand the case
What is writ of certiorari
Where you ask the supreme court to take your case, asking for permission to come to Supreme Court
What is federal diversity jurisdiction
Arises when you have complete diversity from the parties and $75000 is minimum for supreme court to hear case
What is judicial review
Authority of judicial branch to review the actions of the legislative and executive branches to determine if they are institutional
What is jurisdiction
The power to speak the law
What are the three types of jurisdiction
Inpersonam, In Rem, Subject matter
What is Inpersonam
Over the person- Be able to bring the defendant to court to respond to the allegations
What is In Rem
Over the thing- Jurisdiction over the land
What is subject matter
You’re in the right kind of court
What is Venue
Location
What is standing
You must have a sufficient state in the matter to justify to see through the court system
What are the three constitutional requirements to prove standing
Harm-Plaintiff must have suffered injury Causation-Injury must be connected to defendants conduct Remedy-A favorable court decision must be likely to redress the injury
What are pleadings
Statements by the plaintiff and the defendant that detail the facts, charges, and defenses in a case
What is a complaint summons
How a civil claim is started
What is an Answer
A defendants response to a plaintiff’s complaint (Admit, deny or no info)
What is a counterclaim
A claim made by a defendant in a civil lawsuit against the plaintiff (defendant is suing plaintiff)
What is a crossclaim
Claim between 2 defendants
What is discovery
Gathering information in a civil litigation
What are the three types of discovery
Interrogations, Requests, Depositions
What are interrogations
Written questions and the other side is to answer those questions under oath
What are requests
Request a party to produce documents for you to inspect
What are depositions
Taking testimony outside a courtroom, can be in lieu of a trial, educates other side about evidence
What are the two type of motions
Pre-trial and Post-trial
What is a pre-trial motion
motion to dismiss or summary motion judgement. Used to get relief to solve case without a trial
What is a post-trial
If a party loses they can file a motion for a new trial
What is alternative dispute resolution (ADR)
Courts encourage this to expedite resolutions without a trial
What are the types of ADP
Negotiation, Mediation, Arbitration
What is negotiation
Parties and their attorneys try to get case resolved
What is mediation
A neutral party and a resolution is goal
What is arbitration
A decision is entered
What is business ethics
Looks at the decision’s businesses make and whether ;those decisions are right or wrong
What are the three aspects of business ethics
Focus on rightness or wrongness study of what constitutes just behaviors Application of moral and ethical principles to the workplace
What are the three aspects of duty
legal ethical moral minimum
What are the reasons to avoid ethical problems
possibility of getting sued, crossing the line from civil to criminal, long-term viability of the business, people would be hurt by unethical decisions
What are the causes of ethical problems
Greed
What is the need for ethical leadership
Top management has to establish standards. Management must have ethical leadership for others to follow
What are the ethical decision making approaches
Duty based, Outcome based, corporate social responsibility
What is duty based decision making
Looks at the nature of the action you’ll be taking. Focuses on the obligations of the corporation
What are the three areas of duty based decision making
Religious ethical principles philosophical reasoning (Kantian ethics) principles of right
What are religious ethical principles
Religious beliefs can guide a person’s decision making
What is philosophical reasoning
Categorical imperative-Evaluate the actions in light of the consequences to follow if everyone in society acted the same way Ex-School cheating scandal where 38 people got in trouble
What is the principle of rights in ethical decision making
Which rights are the greatest? Ex-Pollution job scenario (pollute water or shut down the plant)
What is outcome based decision making
Focuses on the consequences of an action, not on the nature of the action itself or on any set or pre-established moral values or religious beliefs (For the affected group-Does the action produce the greatest amount of good for the greatest number
What is corporate social responsibility
Combines a commitment to good citizenship with a commitment to making ethical decisions, improving society and minimizing environmental impact -Look at the effects of the group of people -Be a good citizen -provide ethical training
What are the six factors for making an ethical business decision
-Law-If you’re in an illegal business, then you’re unethical -Internal Rules & Procedure-Must be followed by everyone -Values-Policies, Rules & procedures -Conscience-What is it telling you -Promises-Good business organization’s have established a trusting relationship with clientele -Heroes-Someone you trust
What is the Foreign Corrupt Practices Act
Prohibits US business people to bribe foreign officials to ensure business contracts
What are two examples of the Foreign Corrupt Practices Act
Dept of Justice Security Exchange Constitution
