Ch.1 Business Law

The two systems of law in use today are the English common law and the (a) American Constitution (b) French legal code (c) Roman common law (d) none of the above

(D) none of the above

The statutory definition of murder is a (a) substantive law (b) procedural law (c) prohibitive law (d) none of the above

(a) substantive law

A crime is considered an offense against (a) its victims (b) those who commit it (c) the state (d) none of the above

(c) the state

Why do societies need laws?

Both of these

How does common law differ from positive law?

Common law is based on the current standards or customs of the people. Positive law are set down by a sovereign or other central authority to prevent disputes and wrongs from occurring in the first place.

Laws are made to protect the rights of the majority, the greatest numbers of people benefit.

Consequences-based

Laws

Enforceable rules of conduct in a society

Based on the current standards or customs of the people, usually pronounced by judges

English Common Law

On which early legal system is the US legal system based?

English Common Law

The jury is an institution unique to the:

English Common Law

Substitution of damages for revenge is the first stage in the evolution of law. True or False

False

Case law is made through the decisions of:

Federal and state courts

The driver of the car in exercise 6 becomes abusive towards you after your recovery. The driver follows you on your jogs and yells threats at you. He has recently taken to driving very close to you as you jog. What can you do legally to make him stay away from you?

Get a restraining order on him

Criminal Law

Group of laws that defines and sets punishments for offenses against society

Civil Law

Group of laws used to provide remedy for wrongs against individuals

Civil Disobedience

Open, peaceful violation of a law to protest its alleged injustice

Legislative enactments by a city government are called _ ?_

Ordinances

Set down by a central authority to prevent disputes and wrongs from occurring?

Positive Law

Jurisdiction

Power of a court to decide a case

Which types of law deal with methods of enforcing legal rights and duties?

Procedural Law

Individuals are free to take revenge for wrongs done to them

Stage 1

A leader forces revenge-minded individuals to accept an award of goods or money instead

Stage 2

The leader gives the power to a system of court

Stage 3

The leader acts to prevent and punish wrongs that provoke individuals to seek revenge

Stage 4

The federal Constitution delegates powers between which of the following governments?

State and federal

Type of law defines rights and duties for all conduct except that involved in enforcement?

Substantive Law

Cracked Mirror, a local rock group, contracts to play for your high school prom. A week before the dance, the group cancels its appearance. A teacher finds out that the band has instead booked a concert elsewhere at the same time as the prom that will pay them $800 more. If you sue the band for damages, what would be an appropriate amount and why?

The amount of money that you pay them because that is how much you spent on them

You are on your daily jog when a car negligently pulls out in front of you. Unable to stop, you run into it and injure yourself. Should you be able to recover damages for the harm done to you? Why or why not?

Yes because the car pulled out in front of you and the pedestrian always has the right of way

Utilitarianism

an ethical system that evaluates the moral worth of a proposed action by forecasting the consequences of that action and alternatives to it

Injunction

court order for a person to do or not do a particular act

stare decisis

doctrine that requires lower courts to follow existing case law in deciding similar cases

Constitution

document that sets forth the framework of the government and its relationship to the people it governs

integrity

doing what is right even under pressure to act otherwise

Equity

fairness

Consequences-based reasoning

form of ethical reasoning that evaluates the results of an action

Administrative Agency

governmental body formed to carry out particular laws

Substantive Law

group of laws that define rights and duties

Procedural Law

group of laws that define the methods for enforcing legal rights and duties

Statues

law enacted by state or federal legislatures

Constitutional Law

law made when the fundamental, supreme law of the land is adopted, amended, or interpreted

Code

laws grouped into an organized form

ordinance

legislation enacted by a town, city, or county board or commission

Case Law

made when an appellate court endorses a rule to be used in deciding court cases

Ethics

A collection of standards of conduct and moral judgement forming the basis for a reasoned, impartial decision as to what is right and wrong

Why do societies need courts?

All of these

Legislation created by a town or city council is considered:

An ordinance

Fidelity bond insurance

Insurance policy that pays the employer money in the case of employee's theft

Common Law

Law based on current standards or customs of the people

Positive Law

Law based on the dictates of a central political authority

The first ten amendments to the U.S. Constitution are known as the _ ?_.

The first ten amendments are known as the Bill of Rights.

An organized group of laws is referred to as a code. True or False

True

Business activities are at times governed by criminal law. True or False

True

Louisiana is the only one of the 50 states whose legal system was not originally based on the English common law system. True or False

True

Most American law courts can use either damages or an injunction or both as remedies in civil cases. True or False

True

Stare decisis is the doctrine that requires lower courts to adhere to existing case law in their decisions. True or False

True

Torts are private wrongs committed against individuals or organizations. True or False

True