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Business Law Test
Terms in this set (40)
system of rules or guidelines
case law or precedent ruling by judges beforehand which influences future trials and decisions
positive effects of new law and changes any existing laws that conflicts with it
why do societies need laws and courts?
to keep the peace and not have chaos
What powers do the courts have when personal or private property is damaged or destroyed?
explain the stages in the growth of law
revenge, corruption, court system, and authority formed
explain what the difference between common law and positive law is
common law is when some1 changed a law and positive law is the protection after that by getting rid of any laws that conflicts with it
identify the orgin of the U.S. legal system
the english who settled in most of the united states created the outline of todays legal system
a set of fundemental principles
written law passed by legislators
a piece of legislation enacted by a municiple authority
law established by former cases
legal principle of determining the points in litigation
an official governmental body empowered with the authority to direct and supervise the implementation of particular legislative acts
crime between two individuals
crime against society
the prodecures in a case
written law that defines rights and duties
how is power allocated between federal, state, and local governments
What determines whether a particular law, statute, ordinance, or regulation is valid?
How can a single act violate more than one kind of law, such as both civil law and criminal law? Give an example
when that guy accidently killed people when he crashed his train
How are constitutional, statutory, case, and administrative laws created?
created by all three levels of government, federal, state, and local
How are conflicts between constitutional, statutory, case, and administrative laws resolved?
Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law
crimnal law is by the state other forms are individually
thinking about everyone
doing whats right
benefit the majority
against majority thinking
purposely disobey the law and willing to get arrested
honest and strong moral views
Why do the two forms of ethical reasoning, consequences-based and rule-based, usually result in the same decision, and what is the probable cause when they do not?
they would agree when the majority wants what has a good outcome for everyone. they wouldnt agree when the majority wants something that isnt rational
How does the majority rule principle demonstrate consequences-based reasoning in our laws?
consequence-based reasoning is thinking of what would cause the greatest number of people the greatest outcome
How are ethical decisions reasoned out?
by consequce based reasoning and rule based reasoning
Think about consequences-based ethics and rule-based ethical reasoning. Write a brief paragraph describing a scenario in which breaking the rules has an ethical outcome
well welfare is not exactly want the majority wants when they have to pay taxes and such but has a very good outcome for those who need it
How are ethics reflected in laws?
well for example the constitution has the same basic rights like freedom of speech and such which is ethical and laws reflect that and connot change human basic rights