Chapter 1 Legal Environment of Business
True or False: A precedent is a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts
True
True or False: Case law is derived from judges's decisions for actual cases
True
True or False: State constitutions are a primary source of law
True
Who is the party against whom the appeal is taken?
appelle
What is any legal authority or source of law that a court may look to for guidance, but need not follow, when making its decisions
Persuasive authority
What is the remedy that grants either money or property as compensation?
Remedies at law
Injunction, specific performances, or rescission are examples of what remedy?
Remedy in equity
What is a common law doctrine under which judges are obligated to follow the precedents established within their jurisdiction?
Stare decisis
What is the law enacted by legislative bodies?
Statutory Law
The ______ __________ _________ is a uniform law adopted by all states that facilitate business transactions
Uniform Commercial Code
What is a model law developed by the NCCUSL for the states to consider enacting into statute?
Uniform Law
The United States Supreme Court opinions can be found in which three of the following reporters?
United States Reports (U.S.R.), Supreme Court Reporter (S. Ct.), Lawyer's Edition of the Supreme Court Reports (L. Ed.)
When congress passes a law, it can be found in which publication?
United States Statutes at Large
Who is the party appealing a case?
appellant
What is the type of law that states the wrongs committed against society and how society will demands redress?
criminal law
Who is the party against whom a lawsuit is brought?
defendant
What type of opinion is the views of more than one judge who disagrees with the majority view?
dissenting opinion
What is the school of thought that says doctrines that have withstood the passage of time are to be looked at to help guide us in shaping present laws?
historical
Remedies ____ ______ include specific performance
in equity
What is the type of law that governs relations among nations?
international law
What is the school of thought that says there is no law higher than the laws created by the government?
legal positivism
What is the school of thought that says customary practices and the circumstances surrounding the transaction guide us in shaping our decisions?
legal realism
What type of opinion is the views of the majority of the judges of a case?
majority opinion
To ______ _______ __________ __________, businesspersons need to understand the laws and regulations governing these activities
make good business decisions
What is the type of law that pertains to a particular nation?
national law
What is the school of thought that says universal law applies to all human beings?
natural law
What type of opinion is by a judge who doesn't indicate who wrote the opinion?
per curiam opinion
In the appellate court level, the 1st party name is ALWAYS the ___________ at the trial court level
plaintiff
Who is the party initiating a lawsuit?
plaintiff
What type of opinion has the support of the largest number of judges, but the group is in agreement in less than the majority?
plurality opinion
What are sources that establish the law?
primary source of law
What are the 2 categories of law?
procedural and substantive law
What is the type of law that establishes the methods of enforcing the rights established by substantive law?
procedural law
What is means given to a party to enforce a right or to compensate for the violation of a right?
remedies
What is the remedy granted when no adequate remedy at law is available?
remedies at equity
What are publications that summarize or interpret the law, such as a legal encyclopedia, a legal treatise, a law journal, or a law review?
secondary sources of law
A citation to 42 U.S.C 1981 means that the statute is in ________ 1981 of __________ 42 of the United States Code
section, title
Administrative agencies are created to perform _________ __________ __________ delegated to them by the legislators
specific government functions
The Latin term stare decisis means:
to stand on decided cases
What type of opinion is where are all judges agree with each other?
unanimous opinion
A law in violation of the U.S. Constitution will be declared _______________
unconstitutional
If one nation violates international law, it is up to other nations to use __________ tactics as severance of diplomatic relations, _________, or as a last resort ________
persuasive, boycotts, war
What is any source of law that a court must follow when deciding a case?
Binding authority
What is the body of law developed from custom or judicial decisions in court?
Case Law
Statutes, which are primary sources of law, come from the U.S. __________ and state and local ____________
Congress, legislatures
What are the 4 primary sources of law?
Constitutional Law, Statutory Law, Ordinances, Administrative Law
True or False: Case law is based on the decisions made by those who run administrative agencies
False
True or False: The U.S. Congress passes federal statutes which do not apply to states but only to the federal government
False
What are rules, orders, and decisions of administrative agencies?
Administrative Law
United States Supreme Court opinions are _________ __________ until they are overruled by the Supreme Court
binding authority
In the field of legal research, a reference to a publication in which a legal authority can be found is a ________
citation
What is the law that spells out the rights/duties that exist between people and government?
civil law
What type of opinion is where a judge agrees but not with the legal reasoning?
concurring opinion
Law based on setting forth the general organization, powers, and limits of the government is called _________ _________
constitutional law
Part of common law tradition relies on the doctrine of ______ ______
stare decisis
The 2 aspects of ________ ________ are: 1. A court shouldn't overturn its own precedents unless there is a strong reason 2. Decisions made by a higher court are binding on lower courts
stare decisis
What is the type of law that defines, describes, regulates, and creates legal rights and obligations?
substantive law
Of the U.S. laws, including the state laws, the U.S. Constitution is the _______ _________ __ ____ ________
supreme law of the land
