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Business Law Anderson's 22nd Edition Chapter 1-4
Terms in this set (37)
The Law that defines rights and liabilities.
The law that must be followed in enforcing rights and liabilities
The law that defines wrongs against society. Must be statutory. Enforced by government
Laws enacted by legislative body
Statutory laws are those made by the government of a country. There are several reasons to issue these types of law: to meet citizens needs, to formalize existing law or resolve an outstanding issue that the courts refer to the government. The government has a clear role in determining the laws and punishments that are appropriate for their country.
defines the rights of one person against another
Felony - any crime for for which the punishment is a year or more in prison or death.
Less than one day and up to one year in prison
Things for which you many only be fined
Can only be used when $ won't take care of an issue: Such as telling someone to move a shed or to stop doing something. Pg. 11 Anderson's Business Law 22nd edition
***Red Bottom Shoes
Under what circumstances would a court disregard precedent?
There could be many reasons a court would disregard a precedent. If the precedent was in another jurisdiction, the court may disregard it simply because the court disagrees with it (in that situation, the precedent is merely "persuasive" and is not "binding"). If the precedent is in the same jurisdiction, but was made by a lower court or the same court, it may similarly be disregarded if the court disagrees with it. If the precedent is in the same jurisdiction but from a higher court, then the precedent is binding, rather than persuasive, and cannot be disregarded
What is the difference between a statue and an administrative regulation?
Statutes are passed by legislatures. Administrative agencies adopt, repeal and amend regulations under the authority granted to them by statutes.
Statutes are the actual provisions set forth as the laws enacted by the Legislature (at the federal level, the U.S. Congress). Regulations are guidance that have the force of law that describe how statutes are to be executed and enforced by the Executive.
A bill passed by Congress or a state legislative branch. Under the federal executive branch, for example, the president has the power to veto or sign a bill into law. When bills are approved and signed into law, they are published in chronological order in the United States Code. State and federal administrative agencies can issue regulations within their specific subject areas and provide interpretations to existing laws.
Federal and state legislative branches may grant rule-making powers to administrative agencies. Administrative agencies promulgate regulations according to federal or state laws. Each agency is responsible for a specific area of law and has the authority to investigate and enforce laws within its specialty. Administrative agencies interpret the laws and apply guidelines to help them enforce the laws. These rules carry the force of law, and administrative agencies may require businesses to strictly comply or risk the effects of noncompliance. For instance, a company may be required to obtain a permit in order to engage in a particular enterprise or type of work.
Common law is based on precedent, or case law. Statutory law is written law as decided by the legislature or other government agency. The main differences are how the laws are created and the basis of challenges.Under common law, new laws are created through the decisions made by judges. When the judges are listening to a case, they are making decisions based on the decisions made in previous cases. In situations where no specific applicable law can be found, the decision the judge makes then become law.
"Let the decision stand"
The principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future.
Examples of Federal Law
Title VII of the Civil Rights Act of 1964 - makes it illegal to discriminate against an employee or job applicant on the basis of his or her race, color, religion, national origin, or sex (including pregnancy)
The Age Discrimination in Employment Act of 1967 (ADEA) The ADEA protects people who are 40 years or older from age discrimination. The ADEA forbids discrimination in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.
Americans with Disabilities Act of 1990 (ADA) The ADA makes it illegal to discriminate against a qualified person with a disability. The law also makes it illegal to retaliate against a person because he or she made a complaint or filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Give Examples of areas covered by city ordinances
Fire ordinances usually set certain standards of fire safety that residential and commercial property owners must adhere to, like installing smoke detectors. Other ordinances set rules regarding littering, recycling, garbage removal, and parking. A local ordinance may also address treatment of public areas, such as sidewalks, streets, or city parks. In a city park, an ordinance may set the hours that a park is open to the public or indicate that pets must be kept on a leash.
List the sources of Law
The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
The power of a court to hear and determine a given class of cases; the power to act over a particular defendant
Subject Matter Jurisdiction
judicial authority to hear a particular type of case
the authority to hear a controversy when it is first brought to court
the power to hear and decide most controversies involving legal rights and duties
Limited (special) Jurisdiction
the authority to hear only particular kinds of cases
the power of a court to hear and decide a given class of cases on appeal from another court or administrative agency
Federal District Court
A general court of the federal system
Writ of Certiorari
Order by the U.S. Supreme Court granting the right of review by the court of a lower court decision. Requested - not applied for and only assigned by supreme court
Parties agreeing to have a third party hear the case and come to a decision. Empowered to render a decision on a case. Can be mandatory....
Consumer laws: (*lemon law) always go through arbitration. Can be disputed and vacated but not easy
the settlement of a dispute through the use of a messenger who carries to each side of the dispute the issues and offers the case.
Something can be unethical but not illegal
But it is unethical to act illegally
Human conduct and values
What was ethical became unethical which became illegal
Rockefeller - Kerosine
Carnegie - Steel
Vanderbilt - shipping / railroads
Created monopolies and took measures to keep other people "Cut" out
The adherence to one's values and principles despite the costs and consequences
Conflict of Interest
Conduct that compromises an employee's allegiance to that company. Or a company may be going something intentionally against employees
Due Process Clause
a guarantee of protection against the loss of property or rights without the chance to be heard
forms of hearing in which the rules of evidence and procedure are more relaxed but each side still has a chance to be heard
Privileges and immunities clause
entitles a person going into another state to make contracts, own property and engage in business to the same extent as citizens of that state
enforces the laws that the Legislative Branch (Congress) makes
interpret laws according to the Constitution.
only hear cases that pertain to issues related to the Constitution. They are the highest court in our country.
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