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Business Law Ch.1
Terms in this set (31)
Enforceable rules of conduct in a society.
Laws grouped into an organized form.
Laws based on the customs of a group of people.
Law dictated from above.
Power of a court to decide a case.
Document that sets forth the framework of a government and its relationship to the people it governs.
Law enacted by state legislatures or federal legislatures.
Legislative enactment by a city.
Law made when an appellate court endorses a rule to be used in deciding court cases.
Doctrine requiring lower courts to adhere to existing case law in making decisions.
Governmental bodies formed to carry out particular laws.
Group of laws that allows individuals to seek legal remedies for wrongs done to them.
Group of laws defining and setting punishments for offenses against society.
Defines rights and duties. It is concerned with all rules of conduct except those in enforcement.
Why do societies need laws and courts?
What powers do the courts have when personal or private property is damaged or destroyed?
In property matters, courts may enter a judgement to compel specific Actions, such as paying damages, or issue an injunction to prohibit something from being done.
Explain the stages in the growth of law.
the four stages in growth of law are: 1) individuals take revenge for wrongs done to them. 2) Awards of money or goods are substituted for revenge. 3) Court systems are formed. 4) A central authority figure intervenes to prevent and punish wrongs.
Describe the differences between common law and positive law.
Common law is based on the current standards and customs of the people and is usually pronounced by judges in setting people's disputes, while positive law is set down by a central authority to prevent disputes and wrongs from occurring in the first place.
Identify the origin of the U.S. legal system.
The U.S. legal system is derived from several different sources such as the English Common Law and Roman Civil law.
How is power allocated between federal, state, and local governments?
The federal Constitution delegates powers between the federal and state governments. State governments grant some legislative authority to local governments. In addition, state and federal constitutions allocate governmental powers among the executive, legislative, and the judicial branches of the governments.
What determines whether a particular law, statute, ordinance, or regulation is valid?
Any federal, state, or local statue, case law, or administrative decision is not valid if it conflicts with the federal Constitution .
How can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example.
A single act may be both an offense against society and a violation of private legal rights of an individual. For example, a drunk driver who wrecks someone else's car has violated both a criminal and civil law by driving while intoxicated and a civil law by damaging the property of another.
How are constitutional, statutory, case, and administrative laws created?
The adoption or amendment of a constitutional laws. Legislatures and local governments thought the authority granted by constitutions enact statutory laws. Administrative laws are created by agencies of the federal, state, and local governments within the authority granted by legislatures. Case law is made through decisions of federal and state courts
How are conflicts between constitutional, statutory, case, and administrative laws resolved?
The federal Constitution is the supreme authority. The validity of laws is determined by whether they violate authority granted by constitutions or legislative bodies or conflict with laws enacted by higher authorities.
Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law.
Civil laws govern offenses against individuals while criminal law addresses offenses against society. Procedural law deals with methods of enforcing legal rights and duties while substantive law defines rights and duties for all conduct except that involved in enforcement. Business law specifically covers rules that apply to business situations and transactions, however, other kinds of laws may also affect business practices.
Why do the two forms of ethical reasoning, consequencesbased and rulebased, usually result in the same decision, and what is the probable cause when they do not?
Both forms of ethical reasoning assumes that human beings have dignity and worth, and therefore consequences-based reasoning usually procedures bad consequences for actions that violate rule-based reasoning. However, when the decisions differ it may be because not all consequences were correctly foreseen or impartially was not used in evaluating consequences.
How does the majority rule principle demonstrate consequencesbased reasoning in our laws?
When laws are made to protect the rights of the majority, the greatest number of people benefit, which is the basis of consequence-based reasoning.
How are ethical decisions reasoned out?
An ethical decision is one that is reasoned out typically by referring to a written authority that provides consistency. The law is such an authority.
Think about consequencesbased ethics and rulebased ethical reasoning. Write a brief
paragraph describing a scenario in which breaking the rules has an ethical outcome.
A parent rushing a sick child hospital in the middle of the night might not make it to the hospital; in time to save the child's life if he or she obeys the traffic laws. However, if the parents ignores the laws and risks getting a ticket the child's life will be saved.
How are ethics reflected in laws?
Because the U.S. legal system is grounded o majority rule, the laws are judged to be right or good when they affect the majority of the people positively. Laws are judged to be wrong when they affect the majority negatively. The government, which is empowered by the U.S. Constitution, seeks to ensure that the federal lawmaking system provides the greatest good for the greatest number of people. However the constitution also seeks to protect minorities that might be taken advantage of by the wrong actions of the majority. This us effected by the rights established in the first ten amendments of the Constitution. This protection of basic human rights established in the Bill of Rights and other civil rights laws reflects the ethical bases of rules.
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