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BLAW2001 Chapter 1
Business Law: University of Minnesota Duluth
21
Law
Undergraduate 2
02/22/2009

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Cards

Term
Jurisprudence
Definition
The study of different schools of legal philosophy and how each can affect judicial decision making.
Term
Four Primary Sources of Domectic Law
Definition

Constitutions - fundamental rights of the people living in the US or a given state.

 Statuets - Laws enacted by states.

Administrative Rules and Regulations - enacted by federal, state, and local agencies. (FDA, etc.)

Case law - judicial decisions based on previous cases.

Term
What is the supreme law of the land?
Definition
The Constitution
Term
What are the steps in Administrative Rulemaking
Definition

*Notice of Proposed Rulemaking

 *Comment Period

*Final Rule

Term
Stare Decisis
Definition
The doctrine by which judges are obligated to follow precedents established within a particular jurisdiction
Term
Binding Authority
Definition
Any primary source of law a court must foolow when deciding a dispute.
Term
Persuasive Authority
Definition
Any primary or secondary source of law which a court can choose to rely upon.
Term
Courts of Law
Definition
award wronged parties compensation for their injuries or losses.
Term
Courts of Equity
Definition
order someone to do something or to cease doing something.
Term
Substative Law
Definition
all laws that define, describe, regulate, and create legal rights and obligations
Term
Procedural Law
Definition
all laws that establish and regulate the manner of enforcing the rights established by substantive law.
Term
Civil Law
Definition
defines the duties or obligations of one person to another.
Term
Criminal law
Definition
defines the obligations of a person to society
Term
National Law
Definition
The laws that govern the rights and obligations of a people in a country
Term

International Law

(2 questions raised)

Definition

The laws governing relations between nations.

*who enforces

*how enforced

Term
Federal Government
Definition
A form of government where power is devided between national goverment and state government.
Term

Seperation of power

Definition
The seperation of the US government into 3 seperate branches.
Term
Legislative Branch
Definition
Congress, defines the jurisdiction of the judiciary and can override the president's veto.
Term
Executive Branch
Definition
President, can veto legislation and appoint members to the Judiciary
Term
Judicial Branch
Definition
Supreme Court and lower federal courts, can void the acts of the Executive and Legislative branches if deemed unconstitutional
Term
Bill of Rights
Definition
The first ten amendments to the US constitution
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