MGMT 311 Exam 1 - FLASHCARDS - Chapter 1_ Law and legal reasoning
What is a law?
Law consists of enforceable rules governing relationships among individuals and between individuals and their society.
What are the four sources of law?
Constitutions
Statutes (acts)
Administrative rules/regulations
Common law *case law *judge-made law
What are constitutions?
Establishes organization, powers, and limits of governments.
What are characteristics of the U.S. constitution?
Supreme law of the land:
Creates national government.
10th Amendment reserves all powers not granted to federal government to states.
What is the supreme law of the land?
U.S. constitution
What creates national government?
U.S. constitution
What is the 10th amendment?
10th Amendment reserves all powers not granted to federal government to states.
What constitutions create state governments?
State constitutions
What is the highest form of law within borders of a certain state?
State constitutions
What are characteristics of state constitutions?
Create state governments.
Highest form of law within borders of that state.
Subject to U.S. Constitution
What is statutory law created by?
Created by Congress and state legislatures.
What are federal statutes?
Acts of congress. Applies across all 50 states
What are state statutes?
Only apply within jurasidiction of a state.
Found in federal and state code of laws. Divided into family code, penal code, probate code.
What is Municipal/County Government?
organized local governments authorized in state constitutions and statutes, established to provide general government for a defined area, generally corresponding to a population center rather than one of a set of areas into which a county is divided
What does municipal/county government enact?
Enact ordinances, which govern matters not covered by state or federal law. Ordinances cannot violate U.S. or state constitutions
What are uniform laws?
Attempt to create uniformity in subject areas of a law. If adopted, the law becomes part of state statutory law.
What is the UCC?
Uniform commercial code.
What is the most accepted uniform law?
Uniform commercial code
What is the purpose of the UCC?
Set of laws that govern commercial transactions in the United States. Its purpose is to make business transactions more efficient and predictable by creating consistent laws across states. The UCC allows businesses to enter into contracts with confidence that the courts in every state will enforce the terms in the same way.
What agencies does administrative law cover?
Can have local, state or federal agencies
What are the functions of administrative law agencies?
Rulemaking
Investigation and enforcement
Power to judge violations of rules - adjudication
What are federal agencies?
Executive agencies and independent regulatory agencies
What are executive agencies?
Executive branch of the government. Executive cabinet department.
What are independent regulatory agencies?
EPA, SEC, FDA - created when congress passes a statute, which needs an agency to help oversee details. President’s power is less in these independent regulatory agencies