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Rule of Law
law is generally and equally applicable to to everyone, system of published laws under which gov and people are bound
Importance of Rule of Law to Business
creates predictability and certainty, provides for peaceful resolution of disputes, provides incentive to maximize asset, attempt to minimalize liability
Burden of Proof
in civil case, it is less than that of a criminal case beyond a reasonable doubt (proponderance in civil case)
Concepts of US Constitution (3)
set up 3 branches of gov, states retain all powers not given to the federal gov, basic rights guaranteed to individuals
created by administration agencies such as SEC, EPA in order to make rules
when looking at past decisions of precedents, should base opinion consistently with prior decisions
Legal Sanction Enforcement and Penalties
Criminal Conduct, Breach of Contract, Tortious Conduct, Violations of Statutes
6th and 7th Amendments which are trial rights, decide guilty or not guilty and liable or not liable , judge provides law, then they render a verdict
lawyer is a zealous advocate to client (if client committed murder, the lawyer has to support reasonable doubt)
Trial Court (State)
only court that hears evidence, determines law to be applied, small claims court for minor financial issues
Supreme Court (State)
have to file a Write of Certiorari, not entitled to second review, few cases are accepted
jurisdiction limited by Congress, jurisdiction limited to federal question, the US as a party, controversy between states, diversity of citizenship
US Supreme Court (Federal)
Writ of Certiorari, questions of Federal Importance, Constitutional Issues, Conflicting Decision, Decision becomes law of the land, not subject to review
power of courts to review action of legislative and executive branch and declare them to be unconstitutional (created in Marbury v. Madison)
only use judicial review in unusual cases, change comes from legislation, look at intent of founding fathers, strong belief of precedent, belief in state's rights
court corrects social wrongs, less dependent on precedent, Constitution is a living/breathing document that changes over time, less concerned about state rights (federal > state)
oral questions asked by lawyer to defendant; phrase questions to attack credibility at trial
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