Unit 1 Flashcards
(30 cards)
What does the law provide?
Stability, predictability, and continuity
What is the law definition?
Enforceable rules governing relationships among individuals and between individuals and their society
What is the business making decisions?
Environmental law and sustainability, contracts, intellectual property, internet law, social media, and privacy, sales, product liability, and torts
Constitutional Law
Law expressed in constitutions (federal government and states have separate written constitutions)
Statutory Law
Laws enacted by legislative bodies at any level of government, such as statutes passed by congress or by state legislatives
Where does the law come from?
- Constitution, society (driven), legislative (house, senate), congress
- Federal law and state laws
- Previous cases
What makes up the american law?
English common law and US Constitution
What makes up the constitution?
Legislative (statues), Executive (regulation), and judicial (court rulings)
Federal Law
Made, interpreted and enforced by US government
State Law
Made, interpreted and enforced by each state
Local Law
Made and enforced by each county, city or town
What makes up the federal law?
Constitution, Statutes (the US code), Regulations (federal agencies), Rulings by federal courts
What makes up state law?
State constitution, Statues (the indiana code), Regulations (state agencies), Rulings by state courts
What makes up local law?
Local ordinances and local administrative regulations
Plaintiff
Person who files a lawsuit (civil cases = person who is seeking damages from another party OR criminal = the people, represented by prosecutor)
Defendant
Person who is being sued (civil = person who allegedly injured the plaintiff OR criminal = the accused)
Words for Criminal case
Indictment, charges filed, arrest, nail, out on bond, prosecutor, prosecution, innocent, guilty, jail, sentence, incarcerated, etc.
Words for Civil Case
Lawsuit, filed suit, liability, failed duty, personal injury, emotional suffering, seeking money and damages, etc.
Stare Decisis
“To stand on decided cases” - A decision that furnishes an example or authority for deciding subsequent cases involving identical or similar principles in fact
Case of First Impression
No stare decisis, therefore a decision must be made
What do courts use?
The appropriate constitution, appropriate statutes, appropriate regulations, court decisions from similar cases (common law, stare decisis, case of first impression)
General Priority Rules
Federal law over state law
Criminal Law
Power of the government to charge/prosecute individuals for crimes
What is insider trading considered?
Federal criminal law
