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BUSN 351 - Business Law Ch. 1 & 2
Terms in this set (45)
A document which spells out the principles by which a government runs and the fundamental laws that govern a society. At state and federal levels.
laws enacted by state and federal legislatures
Fill in gaps of statutes and laws.
A legal principle of fair dealing, which may provide preventive measures and legal remedies that are unavailable under existing common law and statutory law.
Administrative Regulations and Decisions
law written by an administrative agency designed to explain or carry out the statutes or orders it governs. Can go to state/ federal governments if appealed.
A law that defines crimes against the public order. Duties owed to the public.
A law that governs relationships between individuals and defines their legal rights.
Consists of rules which involve the relationship of government to society as a whole.
Consists of rules which involve the relationship of private individuals to each other.
A school of legal thought centered on the assumption that there is no law higher than the laws created by a national government. Laws must be obeyed, even if they are unjust, to prevent anarchy.
God's or nature's law that defines right from wrong and is higher than human law
American Legal Realism
defines law as the behavior of public officials (mainly judges) as they deal with court matters
law is a process of social ordering reflecting society's dominant interests and values
Case Law Reasoning
courts look at what other judges have decided in similar circumstances and try to be consistent
Rules of interpreting statutes (plain meaning, prior interpretations, legislative history, general public policy, legal maxims)
Courts of Limited Jurisdiction
THE LOWEST-LEVEL COURT IN A STATE'S JUDICIAL SYSTEM THAT HEARS PARTICULAR KINDS OF CASES INVOLVING SMALL CLAIMS, TRAFFIC VIOLATIONS, AND MINOR CRIMINAL INFRACTIONS
Not limited by matter or dollar amounts. Keep detailed records, decided by judge or jury, represented by lawyers
A court's authority to hear and decide cases.
Subject Matter Jurisdiction
A court has the authority to hear a particular type of case
In Personam Jurisdiction
based on the residence, location, or activities of the defendant
Long Arm Jurisdiction
requires the defendant to go to trial in the state where a crime was committed (if they are not a resident of that state) and filed, versus the trial being held in the state where the defendant is from
In Rem Jurisdiction
jurisdiction based on claims against property
territorially fair and convenient forum to hear the case
A court system that has original jurisdiction over most federal cases, meaning they try a case the first time it is heard. Both civil and criminal cases are heard in these courts and most federal cases begin in one of the U.S.
Concurrent Jurisdiction and Removal
Authority for both state and federal courts to hear and decide cases
Specialized Federal Courts
Court of federal claims, court of international trade, bankruptcy courts, tax courts
Federal Courts of Appeal
no fact finding; review legal conclusions of lower courts
US Supreme Court
Highest court in the land; usually appeals but some original jurisdiction
Burden of Proof
how you win in civil cases; by a preponderance of evidence
Service of Summons
notifies defendant that he/she is being sued
documents the parties file stating claims and defenses (complaint, answer, reply)
Motion to Dismiss
when apparent that plaintiff does not have a case the defendant can request the judge to dismiss
ways for parties to get information from each other; documents requests, interrogatories, admissions
no genuine issues of fact; ask for judgment on the law
mandatory or discretionary by judge
judge or jury, witnesses, evidence
taking the case to a higher court
"writ of execution" for sheriff to seize property; garnishment to seize property, money and wages.
submit dispute to neutral, nonjudicial third party for binding decision.
mandatory; ordered by judge or option
neutral third party helps parties reach a cooperative resolution
Summary Jury Trail
abbreviated, nonpublic mock jury trial that is not binding; reality check
informal, abbreviated private "trial" and parties negotiate
rights and duties of people
controls behavior of government
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