Unit 1 Flashcards

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1
Q

What does the law provide?

A

Stability, predictability, and continuity

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2
Q

What is the law definition?

A

Enforceable rules governing relationships among individuals and between individuals and their society

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3
Q

What is the business making decisions?

A

Environmental law and sustainability, contracts, intellectual property, internet law, social media, and privacy, sales, product liability, and torts

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4
Q

Constitutional Law

A

Law expressed in constitutions (federal government and states have separate written constitutions)

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5
Q

Statutory Law

A

Laws enacted by legislative bodies at any level of government, such as statutes passed by congress or by state legislatives

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6
Q

Where does the law come from?

A
  • Constitution, society (driven), legislative (house, senate), congress
  • Federal law and state laws
  • Previous cases
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7
Q

What makes up the american law?

A

English common law and US Constitution

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8
Q

What makes up the constitution?

A

Legislative (statues), Executive (regulation), and judicial (court rulings)

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9
Q

Federal Law

A

Made, interpreted and enforced by US government

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10
Q

State Law

A

Made, interpreted and enforced by each state

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10
Q

Local Law

A

Made and enforced by each county, city or town

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11
Q

What makes up the federal law?

A

Constitution, Statutes (the US code), Regulations (federal agencies), Rulings by federal courts

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12
Q

What makes up state law?

A

State constitution, Statues (the indiana code), Regulations (state agencies), Rulings by state courts

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13
Q

What makes up local law?

A

Local ordinances and local administrative regulations

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14
Q

Plaintiff

A

Person who files a lawsuit (civil cases = person who is seeking damages from another party OR criminal = the people, represented by prosecutor)

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15
Q

Defendant

A

Person who is being sued (civil = person who allegedly injured the plaintiff OR criminal = the accused)

16
Q

Words for Criminal case

A

Indictment, charges filed, arrest, nail, out on bond, prosecutor, prosecution, innocent, guilty, jail, sentence, incarcerated, etc.

17
Q

Words for Civil Case

A

Lawsuit, filed suit, liability, failed duty, personal injury, emotional suffering, seeking money and damages, etc.

18
Q

Stare Decisis

A

“To stand on decided cases” - A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar principles in fact

19
Q

Case of First Impression

A

No stare decisis, therefore a decision must be made

20
Q

What do courts use?

A

The appropriate constitution, appropriate statutes, appropriate regulations, court decisions from similar cases (common law, stare decisis, case of first impression)

21
Q

General Priority Rules

A

Federal law over state law

22
Q

Criminal Law

A

Power of the government to charge/prosecute individuals for crimes

23
Q

What is insider trading considered?

A

Federal criminal law

24
Q

Civil Law

A

Right of individuals to seek resolution of disputes in court

25
Q

What is driving under the influence considered?

A

State criminal law

26
Q

What would a shareholder lawsuit be considered?

A

Federal civil law

27
Q

What would a car accident be considered?

A

State civil law

28
Q

Jurisdiction

A

The power of a court to hear a case and issue a decision that is binding on the parties

29
Q

Required Jurisdiction

A

Subject matter and the people