Chapter 1 from videos Flashcards

(48 cards)

1
Q

What is the definition of law

A

Rules and regulations on how the government will treat its citizens and vice versa.

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2
Q

What are the two major types of law in the business setting

A

Dispute Resolution Role and Regulatory Role

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3
Q

What is dispute resolution role

A

Settles differences between two or more parties

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4
Q

What is regulatory role

A

Government interference with private businesses and directs and standardizes business activities

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5
Q

What does enforcement lead to

A

stability, predictability, and uniformity

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6
Q

what is constitutional law

A

the supreme law of the united states

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7
Q

what is statutory law (FIX)

A

statutory law is written down

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8
Q

What are the three types of executive creation of law

A

Executive Orders, Appointment of Executive Officials, and Appointment of Judges

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9
Q

What are the three types of judicial creation of law

A

Common Law, Interpretation of Statutes/Agency Law, and Judicial Review

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10
Q

What is the difference between public and private law

A

Public has government involved. While private has no direct government involvement

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11
Q

What is the difference between public and private law

A

Public has government involved. While private has no direct government involvement

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12
Q

What is the difference substantive and procedural law

A

substantive law is the substance of the law. Procedural law

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13
Q

What is the difference substantive and procedural law

A

substantive law establishes the rights and obligations of the law. Procedural law establishes the legal rules of the law.

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14
Q

What is the difference between equitable and legal remedies

A

Equitable remedies if the monetary damages do you no good. Legal remedies are monetary.

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15
Q

What are the purposes of law

A

Establishing Standards, Maintaining Order, Resolving Disputes, and Protecting Liberties and Rights

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16
Q

What is the rule of law

A

The legal principle that law should govern a nation.

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17
Q

Why is law referred to as an abstract term

A

Law is referred to fluid

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18
Q

What are statutes

A

a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent

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19
Q

How can a bill be approved

A

by a majority of both Houses of Congress and the President must either sign the bill or have his veto overridden by a two-thirds vote of both houses.

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20
Q

What can the president do with laws

A

the president can independently create laws by issuing executive orders and controlling the policies of the executive branch

21
Q

What is the way the president can exercise of official discretion

A

by appointing the heads of federal agencies which affects the legal environment, appoint federal judges, and administration spending discretion

22
Q

What is common law

A

the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions

23
Q

What is a precedent

A

a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts

24
Q

Who are the people that can create a precedent

A

an appellate court

25
What is referred to as judge-made law
common law
26
What is judicial interpretation
refers to how a judge interprets the law.
27
legislative intent
a practice used by judges to determine the goals of legislators at the time of a bill's passage
28
judicially passive
ruling on a case based on what is right and not what the judge believes
29
What is judicial activism
a philosophy of judicial decision making whereby judges allow their personal views about public policy, among other factors, to guide their decisions
30
What does the interpretation of law include
interpreting the meaning of state and federal statutes and constitutional provisions, both state and national
31
How are statutes written
they are mainly written in general terms to give courts the flexibility to respond to unforeseen circumstances and to adapt to changing conditions over time
32
what is judicial review
the process under which executive, legislative and administrative action are subject to review by the judiciary
33
what is federalism
combines a general government with regional governments in a single political system
34
Federal law
The body of law created by the federal government of a country
35
What is included in federal law
all laws developed under the authority of the Constitution by Congress, the President, or federal regulations
36
State law
ordinances passed by local governments, laws passed by state legislatures, and the laws created by state regulatory agencies
37
What is minority rule
few states chose follow the rule of law
38
What is the majority rule
majority states agree
39
Public law
the part of law that governs relations between legal persons and a government
40
Private Law
a branch of law concerned with private persons, property, and relationships
41
criminal law
the body of law that relates to crime
42
Civil law
the law that provides remedies for individuals or entities that have been wronged by the other individual or entity such as crimes
43
Substantive Laws
the set of laws that governs how members of a society are to behave
44
Procedural law
the body of law that establishes the rules of the court
45
Equity
an area of the law separate from the traditional common law
46
legal remedies
enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual
47
Equitable remedy
breach of contract or in cases of intellectual property theft
48
injunction
a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts