BIZ LAW Chapter 1
Terms in this set (27)
Precedent/ Common Law
When the superior court returns or sends back a case to the lower court.
English Common Law. The obligation to decide current cases based on previous rulings.
Civil Law + 4
Civil law regulates the rights and duties between parties.
1. Crime is not committed but rather a violation of duty.
2. Victim NOT gov. brings suit.
3. Guilt is not determined.
4. Compensation ordered.
Criminal Law + 5
Criminal Law is threatening behavior to society.
1. The gov. itself prosecutes the wrongdoer.
2. District Attorney bring case to court.
3. Injured Party is NOT in charge of case.
4. Fines go to state.
5. Guilt is determined.
The judges decision - also know as the holding - and the courts rationale.
Agencies that regulate
Examples: FCC (Federal Communication Commission), FTC (Federal Trade Commission), IRS
Legal Realism + Example
Belief that what is written as law is not important but rather who enforces it and by what process.
Ex. Judges personal history.
Law perpetuates control - outcome is determined by the needs of those with money + political power.
A courts power to fashion a remedy, such as injunction (order to stop), which the common law does not provide.
Differences Substantive + Procedural Law + examples
Substantive Law defines the RIGHTS of people.
Example: You pay for the land you have the RIGHT to occupy it.
Procedural Law establishes the process for SETTLING DISPUTES.
Example: Evidence of payment, how much evidence necessary?, Witnesses to payment?
Common Law + Benefit
Established by precedent, or earlier court cases. Differs in each state.
-Allows businesses and citizens to plan intelligently.
An unjust law is no law at all and need not be obeyed. Must have moral basis.
Difference + Example of Public and Private Law
Public Law - rights and obligations of government as they deal with thte nation's citizens .
Example: Federal Trade Commission prohibits deceptive advertising.
Private Law - regulates duties between individuals
Example: Landlord / Tenant Law
What is Jurisprudence? 3 Types?
The philosophy of law. Legal Positivism, Natural Law, Legal Realism.
The belief that the law is what the *sovereign say it i recognized political power.
Criticism is that it leaves no room for question of morality.
Laws passed by a legislative body (federal and state gov).
Creates three branches:
1. Legislative = Congress w Senate and House of Reps
2. Executive = President - office and duties
3. Judicial = Federal Courts - what cases they may hear.
-Gives states all powers not given to federal gov.
-Guarantees basic right to all citizens.
Create three branches:
1. State Executive = Governor
2. Legislative System
3. Judicial = State court system
To start a business in the U.S. you need...
Articles of Incorporation from the governor. Used to be called a Royal Charter.
Six Classification of Law?
Criminal and Civil Law
Substantive and Procedural Law
Public and Private Law
6 Sources of Contemporary Law
1. Constitutions (US +State)
3. Common Law (Equity)
4. Administrative Law
5. Other sources of Law (Treaties + Executive Law)
Other Sources of Law
Treaties - Constitution authorizes prez to make them. Must be ratified with 2/3 vote.
Executive Orders ex: Nixon controlling wage prices to stabilize economy.
Important Dates and People
William - bastard
Edward - Old king
Harold - bogus claim
1066: William took over
1215: Magna Carta signed giving royals property + ability to own property "title"
1217: Magna Carta was take back.
1776: Declaration of Independence
Kuehn v Pub Zone
Maria Kerkoulous owns bar.
She knows that gangs frequent bar and cause problems and are dangerous.
Pagan gang enters bar and is not refused drinks despite breaking wearing "colors" rule.
Pagan gang attacks Kuehn causing serious injury.
Jury awards $300,000 but judge overrules verdict saying Pub Zone could not have foreseen attack and has no duty to protect Kuehn.
Appeals court reverses decision and jury's verdict is reinstated. Duty exists on defendent's ability to foresee injury. Failed to enforce their own rule which was made because of their awareness of gang violence.
To uphold a previous ruling or holding.
A court's decision.
Send case back to lower court for a new trial.