***Legal Environment of Business Chapter 1-5 Test, *Legal Environment of Business Chapter 1-6 Test, BusAd 2900 - Ch. 9 Legal Environment of Business (text: Melvin, Guerra-Pujol), Bu...

state's supreme court

state's highest court

ordinances

statutes (law, rules or orders)passed by municipal or county governing units to govern matters not covered by federal or state law

jurisprudence

study of law involves learning about different schools jurisprudential thought and discovering how the approaches to law characteristic of each school can affect judicial

plaintiff

suing party

law

the body of enforceable rules governing relationships between individuals and their society

rescission

the cancellation of a contractual obligation

courts of law and courts of equity

the establishment of courts of equity in medieval England resulted in two distinct court systems-what are they

Constitutional law

the law as expressed in the constitution

majority opinion

the majority opinion outlines the view supported by the major judges or justices deciding the case

per curiam

the whole court

natural law

theory believe that a higher or universal law exists that applies to all human being s and that written laws should imitate these inherent principles

independent regulatory agencies

there are major agencies at the federal level, such as the Federal Trade Commission, Securities and Exchange Commission. The presidents power is less pronounced in regard to the officers. Officers serve for fixed terms and cannot be removed without just case

reasoning by analogy

to compare the facts in the case at hand to the facts in the previous cases and to the extent that the patterns are similar, to apply the same rule of law to the present case

stare decists

to stand on decided cases

reporter

todays cases are published or "reported" in volumes called

True

true/False Each state has the option of adopting or rejection all or part of a uniform law or the legislature may rewrite the law however the legislature wishes.

false

true/false Constitutional law includes only the US constitution

true

true/false Todays Court like English courts will not grant equitable remedies unless the remedy at law-monetary damages-is inadequate

false that is the function of the legislative branch of government, judges interpret and apply them, courts play a significant role in defining the laws enacted by legislative bodies

true/false a judge's function is to make the laws

true

true/false stare decisis helps courts to be more efficient and also makes the law more stable and predictable

false

true/false statutory law does not include county ordinances

deductive reasoning, linear reasoning, and reasoning by analogy

what are the 3 common forms of reasoning

courts of equity

what are the formal chancery courts called they had no jury they can award anything other than money

1-decsions made by a higher court are binding on lower court. 2.-court should not overturn its own precedents unless their is compelling reason to do so

what are the two aspects of stare decisis

federal courts and state courts

what are the two types of courts in the united states

statues of limitations

what constitutes a reasonable time, of course, varies according to the circumstances of the case. after the time period has expired, no action(lawsuit) can be brought, no matter how strong the case was orginally

city or county land use (zoning ordinances), building and safety codes and other matters affecting the local community

what do ordinances commonly have to do with?

legal reasoning

what process is used by judges in deciding what law applies to a given dispute and then applying that law to the specific facts or circumstances of the case

nothing, "no remedy, no right"

when a complaining party wanted a remedy other than economic compensations, the courts of laws could do

unanimous opinion

when all judges or justices unanimously agree on an opinion,

office of the clerk of the court, where decisions will be available for public inspection

where are the decisions from state trial courts filed

administrative law

which consists of the rules, orders, and decisions of administrative agencies

William the Conqueror

who began to began the process of unifying the country under their rule establishing the kings court (curiae regis)

legislature

who makes the laws

criminal law

wrongs committed against the public as a whole someone goes to jail

Statutory law

Laws enacted by legislative bodies at any level of government, such as the laws passed by Congress or by state legislatures, make up the body of laws

true

True/False Regulations enacted to protect the administrative agency environment often play a significant role in business operations

false-The presidents power is less pronounced in regard to the officers. Officers serve for fixed terms and cannot be removed without just case

True/False The president appoints and can remove an officer of independent regulatory agencies without just case

True

True/False just as federal statutes take precedence over conflicting state statutes, so federal agency regulations take precedence over conflicting state regulations.

true

True/false a breach of a contract is a failure to perform it

True

True/false the stability and predictability of the law is essential to business activities

supreme court, by a constitutional amendment or by congressional legislation

US supreme court case decisions, no matter how old, remain controlling until they are overruled by a subsequent decision of

president

Who has the power to appoint and remove executive agency officers

precedent

a decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or fact

all states

a federal statute applies to

administrative agency

a federal, state or local government agency established to perform a specific function. Rules issued by agency affect almost every aspect of a business operations, including its capital structure and financing, its hiring and firing procedures, its relations with employees and unions.

deductive reasoning/syllogism

a logical relationship involving a major premise, a minor premise and conclusion is called

judge

a member of the court of Appeals is called

justices

all member of the US Supreme Court are referred to as formal title of often given to judges

defense

an argument raised by the defendent

binding authority

any source of law that a court must follow when deciding a case, including constitutions, statutes and regulations that govern the issue being decided

doctrine of laches

arose to encourage people to bring lawsuits while the evidence was fresh

legal realism

based on the idea that law is just one of many institutions in society and that it is shaped by social forces and needs

legal positivism-Positivist School

believe that there can be no higher law than a nation's positive law and humans rights exist soley bc of laws and if laws are not enforced, anarchy will result

civil law

between persons and between persons and their governments when a person's rights are violated. private party sues another private party

case law

body of judge-made laws is referred to as this. the doctrines an principle announced in cases

public law

city of mobile vs you

alleges

claims are called

opinions

contains the courts reason for its decisions, rules of the law that apply and the judgement

cases of first impression

courts must decide cases for which no precedents exist

private law

dealing with relationships between private entities you vs me

a higher court , an intermediate court of appeals or an appellate court.

decisions from a trial courts can be appealed to _____,

an even higher court, such as a state supreme court or US Supreme court

decisions from intermediate court of appeals or appellate court can be appealed to

historical school

emphasizes the evolutionary process of law by concentrating on the origin and history of legal system. The legal doctrines that have withstood the passage of time are deemed best suited for shaping present laws

trial courts

evidence is presented and testimony given are on the bottom tier

jurisdiction

georgraphic area in which a court or courts have the power to apply the law

public policy

governmental policy based on widely held societal values is called

citation

identifies the publication in which a legal authority can be found

substantive law

all laws that define, describe regulate and create legal rights and obligations

procedural law

all laws that delineate the methods of enforcing the rights established by substantive law

The Uniform Commercial Code (UCC)

Facilitates commerce among the sites by providing a uniform, yet flexible, set of rules governing commercial transactions. All 50 states, the District of Columbia, and the Virgin Islands have adopted it.

uniform laws

Model laws for the states to consider adopting drafted by the National Conference of Commissioners or Uniform state Laws(NCCUSL)

chancellor

adviser to the king who had the power to grant new and unique remedies

constitution

Source of laws

courts of law

The courts that awarded this compensation became known as has jury can award money

remedies at law

What are the 3 remedies(land, items or value or money) were called

remedies

What are the legal means to enforce a right or redress a wrong

land, items or value or money

What could the king's court award as compensation?

executive agencies

What federal agency at the national level, the authority of the president, who has the power to appoint and remove their officers.

U.S. Constitution

What is the highest law in the land

appellant

When a case is appealed from the orighinal court or jurisdiction to another court or jurisdiction, the party appealing the case is called

unjust and does not need to be obeyed

When a written law is not true it is

only within the state borders and may vary from state to state

a state statute applies to

socialogical school

influenced by legal realism and views law as a tool for promoting justice in society

linear reasoning

it proceeds from one point to another, with the final point being the conclusion- knotted rope

Common Law

judge made laws body of general rules that applied throughout the entire English realm

concurring opinion

judge or justice who wish to make or emphasize a point that was not made or emphasized in the unanimous or majority opinion

curiae regis

king's court

laches

lax or negligent

natural law tradition

one of the oldest and most significant schools of jurisprudence. "natural rights"

injunction

ordering a party to cease engaging in a specific activity or to undo some wrong or injury

specific performance

ordering a party to perform an agreement as promised

appellee

party against the appeal

defendant

party being sued

respondent

party being sued

petitioner

party bringing a lawsuit

persuasive authorities

precedents from other jurisdictions

Dissenting opinion

presents the views of one or more judges who disagree with the majority's decision. it is important bc it may form the basis of the arguments used years later in overuling the precedential majority opinion

cyberlaw

refer to the emerging body of law that governs transactions conducted via the Internet not really a classification of law not a new type of law

remedies in equity

remedies granted by the equity courts which included specific performance(ordering a party to perform an agreement as promised), an injunction (ordering a party to cease engaging in a specific activity or to undo some wrong or injury) and rescission (the cancellation of a contractual obligation)