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Terms in this set (30)
"The object of our study of law, then, is, _____, the prediction of the incidence of the public force through the instrumentality of the courts."
A form of ___ reasoning consisting of a major premise, a minor premise, and a conclusion; for example, All humans are mortal, the major premise, I am a human, the minor premise, therefore, I am mortal, the conclusion.
from general to specific
Credibility, Appeal to the audience's sense of honesty and/or authority
Emotion, Appeal to the audience's sense of emotions
Logic, Appeal to the audience's sense of logic
Is that Law is not a handicap but a ___
Lawyers are a ___ that can be utilized to obtain an advantage and increase Value.
The of rules and principles governing the affairs of a ___ and enforced by a political authority; a legal system. It establishes rights, duties and privileges that are consistent with values and beliefs of a society.
Where does law come from?
What is case law?
Law based on judicial decision and precedent rather than on statutes. Also known as judge made law.
Long Arm Statute
Permits a court to exercise jurisdiction over a defendant residing in a different state as the court when defendant is doing business or commits a civil wrong in the state.
The particular county or geographical area in which a court with jurisdiciton may hear and determine a case.
What is Standing?
To have standing, an individual must demonstrate that he or she has been injured or threatened with injury.
Means "to abide by". The doctrine that holds that once a court resovles a particular issue, other courts addressing similar legal problems generally follow the initial court's decision.
General rules that are to be used as guidelines for similar cases in the future specially with very similar facts.
The authority a court has to hear and decide a specific case.
Subject Matter Jurisdiction
Means that courts have the power to hear
different kinds of cases.
Federal Courts have limited subject matter
jurisdiction meaning that can only hear cases
arising from the Constitution and statutes
enacted by Congress.
State Courts are courts of general jurisdiction
meaning they can hear almost all types of cases.
(i.e. divorces, state criminal, civil claims,
Federal Question Jurisidiction
Federal Jurisdiction is granted when a question pertains to the U.S. Constitution, acts of Congress, or Treaties.
The power U.S. district courts to decide lawsuits between citizens of two different states when the amount in controversy, exclusive of interest and all costs, exceeds $75000.
Describes, regulates, and creates legal rights and regulations
Law establishes the methods of enforcing the rights established by law.
Is a primary source of law (IRS, SEC, FDA, EPA)
Addresses the ability of a manager to communicate effectively with counsel and to work together to solve complex problems.
Agencies make rules to effectuate legislative enactments.
Agencies resolve conflicts by formal adjudication
Agencies conduct investigations regarding compliance with specific laws and regulations
Three-step procedure an agency follows
Notice to the public, evaluations of commnets, adoption
Where rules adopted by a federal agency are published.
Federal Admin Agencies are created by
The Freedom of Information Act
The Federal Statute authorizing individuals to obtain copies of government records on any subject that is of interest.
A theory that recognizes that firms have relationships with many constituent groups which both affect and are affected by the actions of the firm.
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