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Business Law Final Exam - Basics
text book by cheeseman 7th edition; berry college business law class
20
Business
Undergraduate 2
05/03/2011

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Cards

Term
Schools of Law
Definition
-Natural Law
-Historical Law
-Analytical
-Sociological
-Command
-Critical Legal Studies
-Law and Economics
Term
Natural Law School
Definition
-Law is based on what is "correct"
-Law should be based on morality and ethics
Term
Historical School
Definition
-Law is an aggragate of social traditions and customs
Term
Analytical
Definition
-Law is shaped by logic
Term
Sociological School
Definition
-Law is a means of achieving and advancing certain sociological goals
Term
Command School
Definition
-Law is a set of rules developed, communicated, and enforced by the ruling party
Term
Critical Legal Studies School
Definition
-Legal rules as unnecessary, with legal disputes to be solved by applying arbitrary rules based on fairness
Term
Law and Economics School
Definition
-Promoting market efficiency as the central concern of legal decision making
Term
Doctrine of Stare Decisis
Definition
-past court decisions become precedent
-lower courts follow higher courts
-one jurisdiction not bound by another
Term
Priorit of Law in the U.S.
Definition
-constitution and treaties
-federal statutes over federal regulations
-valid federal law over conflicting state law
-state constitutions are highest state law
-state statutes over state regulations
-valid state law over local laws
Term
Two Major Court System
Definition
-Federal Court Systems
-State Court Systems
Term
State Court Systems
Definition
-Supreme Court
-Intermediate Appellate Courts
-Limited-Jurisdiction Trial Courts
-General-Jurisdiction Trial Courts
Term
Limited-Jurisdiction Trial Courts
Definition
Hears matters of specialized or limited nature
-Traffic Court, Juvenile Court, Probate Court, Etc.
Term
General-Jurisdiction Trial Courts
Definition
-Cases of a general nature not within jurisdiction of limited-jurisdiction courts
-record and store testimony and evidence
Term
Intermediate Appellate Courts
Definition
-Appeals from trial courts
-Review trial court record for errors
-No new testimony of evidence
Term
Highest State Court
Definition
-"supreme court"
-hears appeals from intermediate state courts and certain trial courts
-no new testimony or evidence
-final unless a question of law
Term
Federal Court System
Definition
-U.S. Supreme Court
-U.S. Courts of Appeals
-Special Federal Courts
-U.S. Distric Courts
Term
Special Federal Courts
Definition
Matters of specialized of limited jurisdiction
-tax court, court of federal claims, bankruptcy court
Term
U.S. Distric Courts
Definition
-Trials court of general jurisdiction
-most federal cases originate
-lifetime appointments
Term
U.S. Courts of Appeals
Definition
-Intermediate Appelate Courts
-appeals from district courts in their circuit
-13 circuits
-lifetime appointments
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