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1+2 Flashcards

1
Q

what are laws

A

enforceable rules governing relationships among individuals & between individuals and their society

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2
Q

why are laws relevant to business?

A

many different laws may affect a single business transaction

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3
Q

why should non lawyers study law?

A

spots issues & prevention is key

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4
Q

what’s the background on the american legal system ?

A

Federal vs State

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5
Q

What are the 3 branches within Federal

A
  1. Legislature
    - Agencies
    2.Executive
  2. Judicial
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6
Q

What are the sources of American Law? (sources that establish the law)

A
  1. Constitutional Law (US & State constitution)
    2.Statuary Law (statutes: Laws passed by legislature)
    3.Administrative Law (regulations created by administrative agencies
  2. Case Law & Common law Doctrines
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7
Q

Constitutional Law

A

Lays out the powers & organization of the govt. Each state and the federal govt have a constitution

US constitution & state constitution

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8
Q

Statutory Law

A

Laws enacted by legislatures; local state and federal govt each have statutory codes

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9
Q

Administrative Law

A

written rules established by local ,state, or federal agencies

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10
Q

Case Law & Common law doctrines

A

Rules of law set forth by courts. Courts interpret other sources of American law (including precedent)

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11
Q

Where does a state statute get applied?

A

applies only within the states borders,vary from state to state . cant violate the US constitution

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12
Q

How are agencies created ?

A

a statute by congress is passed that authorizes the creation of admin agencies

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13
Q

What types of agencies are there?

A

1.Federal Agencies (food and drug administration)
2. State and local agencies (state pollution control agency,environmental protection agency)

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14
Q

What are the Ranking of Laws

A
  1. Constitutional Law Trumps all
    - Generaly federal trumps state
  2. Statute/Regulations trump common law
    - exception would be if supreme court finds unconstitutionality
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15
Q

what’s common law

A

refers to the body of law that have developed from court decisions or past rules kings used as a whole country

note: once you have written a decision, refer to it as a “judge”

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16
Q

why’s it called the common law tradition

A

the American legal system is based upon the principles established by the English legal system of common law. “early english courts”

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17
Q

What’s Stare Decisis

A

when court decisions work on the principle of “precedent” . OR Common law doctrine (a principle or something that is a belief or taught) under which judges are obligated to follow the precedents established in prior decisions

-similar cases have similar outcomes

18
Q

What are the 2 main principles of Stare Decisis

A
  1. lower courts must follow decisions of higher courts (within its own system)
  2. courts shouldn’t overturn their own decisions unless there’s strong justification of doing so

-these 2 ensure that our legal system is more stable and predictable

19
Q

What are the 2 ways to overturn precedent ?

A
  1. Amending (modify) Statutes (if legislature thinks so)
  2. courts overturning themselves
    ex: Brown v Board of education is a full overturn of Pleasy v Furgerson
20
Q

judicial review

A

determining constitutionality. The process by which a court decides on the constitutionality of legislature enactments & actions of the executive branch

21
Q

What does the power of judicial review enable ?

A

it enables the judicial branch to act as a check on the other two branches of govt (executive & legislative) . enables process for determining whether L and E decisions are constitutional

22
Q

jurisdiction

A

authority of a court to hear and decide a specific case

23
Q

When was the power of judicial review established?

A

Supreme courts decision in the case of Marbury v Madison in 1803 , since then power of judicial review has been unchallenged

24
Q

What does State Court Systems Include

A

several levels,or tiers of courts.
1. trial courts of limited jurisdiction
2.trial courts of general jurisdiction
3.appellate courts
4.states highest court (often called state supreme court)

25
Q

What are trial courts

A

deal with issues of fact.
general jurisdiction;may be called county,district, superior,or circuit courts. have jurisdiction over variety of subjects, including both civil disputes and criminal prosecution
limited jurisdiction; may be called special inferior trial courts or minor judiciary courts. might include local municipal courts (divorce/ child custody)

26
Q

what are Appellate or Reviewing courts (court of appeals)

A

-every state has 1 court of appeals, can be intermediate appellate court or state highest court
- deals with questions of law(application or interpretation of law);whether it was followed correctly at trial court level
-Decisions of each states highest court are final issues of state law ( only when issues of federal law are involved can it’s decision be overruled by the US supreme court

27
Q

What’s the federal court system

A

consists of:
1. US district courts (trial courts of general jurisdiction)
2.US courts of appeals (intermediate appeals court)
3.US supreme court (highest court of US)

28
Q

What’s the difference between how state court judges are selected vs Federal court?

A

-state: elected
-federal(includes supreme court justices): appointed by president of US & confirmed by US senate, rule of 4

29
Q

What’s “under the rule of four”

A

a rule of the US States Supreme Court under which the court will not issue a writ of certiorari unless at least 4 of the justices approve . pay attention to when new justices are appointed.

30
Q

what’s a Writ of Certiorari

A

A writ from a higher court asking a lower court for the record of a case. Appeals to the Supreme court - to bring a case before the supreme court, a party requests that the court issue a writ of certiorari.

31
Q

criminal law (anti trust)

A

based on derogations from social norms (moral issue). Branch of law that defines & punishes wrongful actions committed against the public . state prosecutes
- state v the accused (defendant),state charges u
- crime must be based on statute or regulation
-enforcement designed to punish,prevent & deter
-jail times, fines

32
Q

civil law

A

branch of law dealing with definition & enforcement of all private or public rights
-generally non criminal law (contract,family law,probate,wills,trust)
-dispute between private parties
-can be based on any source of law
-no moral judgement is meant
-designed to restore hurt party to rightful place
-money damages,equitable remedies

33
Q

OJ simpson case involved civil or criminal law?

A

he was not guilty for criminal ,liable for civil,never paid for damages

34
Q

how’s civil case navigated? (don’t need to know)

A
  1. file a complaint
    2.Discovery
    3.Pretrial conference
  2. jury selection
  3. trial
    6.appeals
35
Q

Why can it be hard to get involved into court cases?

A

finances , business lawyers $600 with a $14 hourly wage

36
Q

Alternative Dispute Resolution (ADR)

A

resolution of disputes in ways other than those involved in the traditional judicial process, such as:
1.negotiation
2.mediation
3.arbitration

37
Q

why do businesses turn to ADR?

A

court process is time consuming,
expensive , and ADR allows for flexibility between parties

38
Q

what’s negotiation?

A

-type of ADR
-process where parties attempt to settle their dispute informally,with or without attorneys

39
Q

what’s arbitration?

A

-type of ADR
-neutral 3rd party is present
-settling a dispute by submitting it to disinterested 3rd party (other than court) who renders a decision.
-can be binding or non binding
-similar process to trial but not formal
-arbitrators award usually not appealable
-many business contracts contain clauses for arbitration in the event a dispute arises

40
Q

what’s mediation ?

A

-type of ADR
-neutral 3rd party is present
-method of settling disputes outside the courts, 3rd party works with both sides to reach an agreed resolution
-mediator may talk with the parties independently or jointly
-mediator may propose solution but both parties must agree( not binding)

kk (14 decks)

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